An Administrator's Guide to California Private School Law

Chapter 2 - Governance

The VPA does not bar liability for harm caused by the volunteer while operating a motor vehicle, vessel or aircraft that requires the operator to have a license or maintain insurance. In addition, the VPA does not bar liability for misconduct that:  Constitutes a crime of violence or international terrorism for which the defendant has been convicted in court  Constitutes a hate crime  Involves a sexual offense for which the defendant has been convicted in court  Involves misconduct for which the defendant has been found to have violated a federal or state civil rights law; or  Where the defendant was under the influence of intoxicating alcohol or any drug at the time of the misconduct. 69 8. R ECOMMENDED B YLAW P ROVISIONS In addition to the foregoing mandatory Bylaw provisions, it is recommended that a school’s Bylaws include a provision specifying that the school will establish and abide by certain policies that are either required or encouraged pursuant to various statutory or regulatory schemes. These additional policies include:  Whistleblower Policy  Document Retention and Destruction Policy Although it is recommended that a school have each of these policies in place, it is not necessary for each of these policies to be set forth in the Bylaws as long there is a provision somewhere in the Bylaws that the school will establish and abide by such policies. Keeping the policies separate will allow for more streamlined policy revisions without having to go through the Bylaw amendment process. 9. A MENDMENTS O F B YLAWS A school generally has great leeway in terms of amending its Bylaws. The primary restrictions on amendments to Bylaws are that the Bylaws cannot be amended to include any provision that conflicts with the law, nor can they be amended in a way that conflicts with the Articles of Incorporation. 70 The Bylaws themselves should specify whether certain amendments may be approved by the Board alone, or, if the school has members, whether member approval is also required.  Joint Venture Policy (Such a policy requires the Corporation to negotiate terms and safeguards to ensure the School’s tax-exempt status is protected in its transactions and arrangements with other members of any joint venture.)

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 44