An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

enrollment agreement involves a “consumer,” it may permit the same remedies, including punitive damages, that are available in court proceedings. Moreover, parents may be more inclined to pursue claims in arbitration than in court due to the less formal requirements of arbitration. Additionally, a school’s insurance policy may not cover arbitration when it would cover litigation. When considering including an arbitration provision in its enrollment contract, a school should consult its insurance policy and/or insurance broker to determine if its insurance policies include the cost of arbitration or only litigation. Due to the technical nature of arbitration provisions, and the changing and developing nature of the law in this area, schools should consult with legal counsel when drafting an arbitration provision or considering whether to include such a provision in an enrollment contract. J. S EVERABILITY C LAUSE Enrollment contracts should include a severability clause. A severability clause provides that in the event any of the provisions or terms of the enrollment contract are determined to be illegal, invalid, or unenforceable by a court, arbitrator, or government agency, the remaining provisions or terms will not be affected. The illegal, invalid, or unenforceable term or provision will be deleted or struck from the enrollment agreement, but the other provisions or terms will remain valid and enforceable. K. I NTEGRATION C LAUSE Enrollment contracts should contain integration clauses that state that the enrollment or the re- enrollment contract contains all of the terms and conditions agreed upon by the parties and that any other representations, agreements, or negotiations relating to the enrollment contract, but not set forth in the enrollment contract, are invalid. Integration clauses should also mandate that changes to the enrollment contract must be made in a writing that is created solely to modify the contract and is signed and agreed to by all parties, including the Head of the School. This will help schools ensure that they are better prepared to cope with situations where parents claim that they were promised benefits that do not appear in the enrollment contract. If a school’s student handbook is referenced in the enrollment agreement, then the terms and conditions included in that document become integrated into the enrollment contract, and a failure by the school to follow any of the policies or procedures set forth in the handbook can be a breach of the enrollment contract. L. S IGNATURES 1. S IGNATURES O F B OTH P ARENTS /L EGAL G UARDIANS Enrollment contracts should require that both parents or legal guardians sign and agree to the terms of enrollment in the school. Enrollment contracts can contain provisions that state that those who sign the contract are liable for the total payment or obligations set forth in the contracts. Insisting that each living parent or legal guardian sign the enrollment agreement can help to protect the school in the event that one parent refuses or loses the ability to pay their

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