An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

The law provides a limited exception for children who, prior to January 1, 2016, submitted a valid personal belief affidavit. 2034 Those students may continue attending public or private school until, beginning July 1, 2016, they have enrolled in the next “grade span.” 2035 A “grade span” is defined as (A) birth to preschool; (B) kindergarten (including transitional kindergarten) and grades 1 through 6; and (C) grades 7 through 12. 2036 Thus, a current student with a personal belief affidavit filed prior to January 1, 2016, may remain enrolled in school without being fully immunized until he or she begins the next grade span. Upon beginning the next grade span, the student’s personal belief affidavit will no longer be valid and he or she will need to be fully immunized. H. A TTORNEYS ’ F EE P ROVISIONS Some enrollment contracts contain provisions that in the event of a dispute regarding the enrollment contract, the prevailing party is entitled to recover attorneys’ fees and costs from the losing party. Deciding whether to include an attorneys’ fee provision should be made carefully. Attorneys’ fees provisions can be expensive to litigate because it is not always clear who prevailed in a dispute. For example, if a school claims that parents/students violated multiple provisions of the enrollment agreement, a court could find for the parents/student on one charge and the school on the other. It may be unclear who “prevailed.” Often both sides will claim victory and the parties are forced to litigate the payment of attorneys’ fees. Inclusion of an attorneys’ fees provision might encourage parents/students and their counsel to pursue litigation against a school based on an expectation that the school will pay all attorney fees and costs if the parents/students prevail on the claim. Additionally, an attorneys’ fees provision also imposes a more stringent obligation on the school to strictly comply with all of the terms of the enrollment agreement. If an enrollment contract includes an attorneys’ fees provision, that provision should clarify that attorneys’ fees will be awarded to the prevailing party to the extent permitted by law. 2037 Argenyi v. Creighton University 2038

Michael Argenyi was a medical student at Creighton University who had a hearing disability. A jury found that Creighton discriminated against him by failing to provide him with necessary auxiliary aids for his disability. However, the jury did not award Argenyi any damages. Argenyi then sought an award of attorneys’ fees. The court determined Argenyi was a prevailing party because he achieved some, though not all, of the benefit he sought in bringing the suit. Even though Argenyi was only partially successful in his claim, the court found that he was still entitled to reasonable fees related to the results obtained. Therefore, only fees related to the aspects of the four-year litigation on which Argenyi actually prevailed could be awarded.

I. A RBITRATION P ROVISIONS Some school enrollment contracts provide that any disputes that arise under the contract must be settled in binding arbitration. There is a strong legal presumption in favor of the validity of arbitration agreements. 2039 At one time, arbitration was widely considered to be a better forum

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 490