An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

they could potentially claim that they were denied admission because of their race, ethnicity, or other protected category that may be identified using the photograph. The safer course of action is to request that students submit photographs once they are granted an interview or admitted. B. L ETTERS O F R ECOMMENDATION 1. P UPIL R ECORDS Letters of recommendation likely qualify as pupil records. Under California law, pupil records are defined as any information maintained by a school that identifies a student and is maintained for second-party review. 1970 Unless parents or legal guardians have waived their statutory right to view pupil records, parents may be entitled to view letters of recommendation (see the Pupil Records section for detailed information). The confidentiality concerns associated with letters of recommendation make it a good practice for schools to request that parents sign waivers to waive their right to access the letters. This practice will ensure that individuals providing references for students are free to write candid letters of recommendation, without fear that they will be retaliated against by parents who are unhappy with the letters of recommendation written about their children. 2. M AINTENANCE O F L ETTERS O F R ECOMMENDATION Schools should retain letters of recommendation separate from a student’s general cumulative file. Schools should also keep in mind that letters of recommendation may need to be produced if they are subpoenaed. Letters of recommendation can be destroyed three years after they are declared disposable. 1971 C. C ONFIRMATION O F G OOD S TANDING Schools may also wish to include a provision in the admissions application or the enrollment agreement that makes matriculation dependent on the student leaving his or her prior school in good standing. Good standing can be established by the student satisfactorily fulfilling his or her academic, citizenship, and financial obligations to the prior school as determined in the sole discretion of the new school. “Good standing” may also be defined in accordance with the standards at the student’s prior school. Applicants should be required to attach a separate explanation to the application form detailing why they are not leaving their current school in good academic, citizenship or financial standing, if applicable. The application form should include a statement that the failure to answer all questions on the application form truthfully and completely may result in the withdrawal of an admissions offer or a violation of the enrollment agreement, as determined at the sole discretion of the Head of School. Moreover, schools may want to require parents to give written permission and consent for a school to obtain a copy of a student’s cumulative file directly from the child’s current or previous school. That way, schools can more independently determine whether there are any issues regarding the student or parent that are not reflected on the application.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 476