An Administrator's Guide to California Private School Law

Chapter 13 - Student Applications And Enrollment Contracts

E. C ONSIDERATION O F E CONOMIC S TATUS I N A DMISSION D ECISIONS Some private schools consider the ability of the student’s family to pay tuition and make annual contributions when reviewing admission applications. Other schools consider the financial status of a student’s family separate and apart from the student’s academic abilities through a “double blind” admission process. The consideration of economic status is a sensitive and controversial subject. However, there are no legal standards that either compel or prohibit a school from considering economic status in admissions. The U.S. Supreme Court has held that economic status is not a protected class. 2011 F. C ONSIDERATION O F I MMUNIZATION S TATUS Private schools should not inquire about or consider an applicant’s immunization status prior to offering the applicant a conditional offer of enrollment. Inquiries about whether an applicant is fully or partially immunized create a risk of claims of discrimination based on religion, disability, medical condition, or genetic condition. Inquiries are particularly risky if the school ultimately denies admission to the applicant, even if the school bases its decision on another legitimate reason. Seeking information regarding an applicant’s immunization status may also subject the school to claims of invasion of privacy. Once a student has been conditionally admitted to the school, the school is not only allowed to obtain documentary proof of the student’s immunizations or valid exemption from immunizations but is required to do so by the California Health and Safety Code. 2012 Private schools may require students to submit an immunization record prior to starting school in the enrollment contract, as discussed in Section 4(F), below. E NROLLMENT C ONTRACTS The enrollment contract is one of the most important documents that a private school prepares. Private schools utilize enrollment contracts as a means to define the terms under which a student enrolls in the school and to protect the interests of the school. The document will usually be a legally binding contract regardless of whether it is labeled as a contract, agreement, covenant or other term. Enrollment contracts can also act as a student’s acceptance of an offer to attend a school. Schools can mandate that the executed enrollment contract and other relevant material (i.e., medical treatment forms) and enrollment deposits be returned by a specific date to maintain a student’s space in the school. Enrollment contracts should clearly state what conditions schools are asking parents to accept or waive. A. T UITION 1. G ENERAL I NFORMATION A BOUT T UITION One of the most important purposes of an enrollment contract is to define the details and obligations regarding payment of a student’s tuition. Enrollment contracts should provide clear Section 4

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