An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

create significant liability for a school. Finally, while on the trip, leaders must take reasonable steps to minimize risk. Carefully checking the students when they returned from the hike, and making sure they wore long pants and used bug spray may have prevented this injury. While schools cannot prevent all incidents or illness or injury while traveling abroad, at the very least they must inform parents of what those risks are so the parents can decide if such risks are worth allowing their child to participate.

In addition to waivers of liability for field trips and special events, schools should consider creating specific waivers of liability for athletic activities. Schools are required by law to provide a concussion and head injury information sheet to athletes and their parents on an annual basis. 2026 The athlete and his/her parent or guardian must sign and return the concussion and head injury information sheet before the athlete participates in practice or competition. 3. S TUDENT P HOTOGRAPH W AIVERS Enrollment contracts should also contain a waiver permitting parents or legal guardians to authorize the use of their child’s photographs, recordings, likeness, achievements, and artwork in promotional publications, including the school’s website. This provision allows schools to procure pictures or video of students that can help demonstrate actual activities that students participate in or capture the composition of the student body. 2027 4. S TUDENT D IRECTORY W AIVERS Schools can also request the right to use a student’s home address and telephone number in a school’s directory. The enrollment contract may also provide that parents agree not to use the directory and its contents for any purpose other than to communicate with other school families for school related or social purposes, and that any misuse of the directory may result in the student’s dismissal. C. D ISRUPTION O F S CHOOL O PERATIONS Enrollment contracts may also contain a provision on disruption of school operation which can grant the school the sole discretion to suspend its duties and obligations under the enrollment contract when situations arise that are out of the control of the school and require the school to cease all or part of its operations. These events include natural disasters, acts of war, direct threats of violence to the school, riots, or terrorism. Schools should check with their insurer or insurance broker before including this provision, as this provision could also impact a school’s ability to recover insurance proceeds for any tuition refunds paid out due to the disruption.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 488