An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

The surcharge fee should be the actual amount credit card companies charge the school for processing tuition payments and not anything higher.

7. O THER F EES Schools that require parents to pay additional fees beyond tuition should list and describe those mandatory fees in the enrollment contract. Mandatory fees may include book fees, computer lab fees, activity fees, parent association fees, and administrative fees. B. W AIVERS 1. G ENERAL W AIVERS A ND I NDEMNIFICATION P ROVISIONS Enrollment contracts should include general waiver language to protect against accidents on campus which are the result of ordinary negligence. In addition, the waiver should require parents to grant their general consent to allow their children to participate in school activities like common field trips and school programs. 2022 Similarly, enrollment contracts can contain provisions that parents and or legal guardians agree to indemnify and hold the school, its agents, representatives, employees, trustees, and assigns harmless from claims, damages, expenses, and costs for any injuries or damages sustained as a result of the student’s or parents’ negligent, intentional, or other conduct related to the student attending school and participating in school activities, including athletics and school-sponsored off-campus trips. It is also recommended that enrollment contracts provide that, in the event of injury or illness, parents authorize the school to transport the student for emergency medical treatment and consent to any medical treatment rendered. The contract should also provide that parents agree to pay all costs of all medical care and services that a student receives resulting from any injury or illness suffered while attending or participating in a school event. LCW Practice Pointer Only ordinary negligence can be waived in California. Any actions that are grossly negligent or intentionally reckless will not be protected by a waiver. Participants 2. F IELD T RIP A ND S PECIAL A CTIVITY W AIVERS While enrollment contracts may constitute a general waiver of liability, we strongly recommend that schools create specific waivers of liability for each field trip, special event, and athletic activity undertaken by students that poses any risk of harm to the student. A specific waiver for a single activity describes the specific activity, details the risks of that particular activity and specifically states that the parent assumes all risks related to that activity. This separate waiver is much more likely to be enforceable to protect the school than a general waiver signed months before the activity was even contemplated. do not assume the risks of reckless or intentional conduct that is beyond the usual dangers of an activity. 2023

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 486