An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

D. S CHOOL ’ S A BILITY T O S USPEND O R E XPEL S TUDENTS Enrollment contracts may address the school’s ability to suspend or expel students for violation of the school’s policies or rules. Schools should also obtain the ability to suspend or expel students based on the conduct of parents, including any failure to pay tuition or other fees. E. G OOD C ITIZENSHIP C LAUSES Schools should reserve the right to rescind the admission offer or to separate a student based on any student or parent conduct that is not in best interests of the school, negatively impacts the school community, or violates the school’s student or parent handbook as determined in the sole discretion of the Head of School. F. N O G UARANTEE OF F UTURE E NROLLMENT Enrollment contracts should inform families that the school does not guarantee future offers of re-enrollment in the school and the school reserves the right, in the sole discretion of the Head of School, to decline re-enrollment to any student. This section should also explain that the school is not obligated to provide early or advanced notification of its intent not to enroll a student for a future academic year. Both the school and the family should understand and agree that either party may decline to re-enroll a student for a future academic year and such decision does not constitute a breach of the enrollment contract for the current academic year. G. I MMUNIZATION R EQUIREMENTS While schools should refrain from inquiring about immunization status prior to admission (see section 3(F), above), schools may require in their enrollment contracts that students submit current immunization records prior to starting school. SB 277, which took effect starting July 2016, largely eliminated personal and religious belief exemptions from vaccination requirements and requires all private schools to “ require documentary proof of each entrant’s immunization status.” 2028 Schools cannot unconditionally admit any student unless he or she has been fully immunized. 2029 Schools must record the immunizations of each new student in the student’s enrollment and scholarship record. 2030 The law provides a medical exemption for students who file a written statement by a licensed physician with the school that provides information that the student has a physical condition or medical circumstances that make immunizations unsafe for the student. 2031 The written statement must indicate the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history. A child will be exempt from immunizations to the extent indicated in the licensed physician’s statement. Schools should inform families that a student who attends school on a medical exemption may be temporarily excluded from school in the event there is good cause to believe that the student has been exposed to a disease. 2032 The student may return to school when the local health officer from the local health department is satisfied that the child is no longer at risk of developing or transmitting the disease. 2033

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 489