An Administrator's Guide to California Private School Law

Chapter 15 – Student Discipline

contractual relationship between a student and school, which is similar to the relationship between a student and private school. This case reinforces the principle that a school defines the terms of its contractual relationship through its policies and agreements, and that, once defined, must adhere to those terms.

Note that the family’s conduct may serve as the breach of contract, warranting the expulsion, dismissal or withdrawal of the student but only if those grounds are part of the contract. Allen v. Casper 2130

Parents of a six-year old female student enrolled at a private Christian school informed the school administrator that a male student inappropriately touched their daughter. The administrator promptly responded to the allegation, investigated the matter, and ultimately administered discipline in accordance with the school’s policies. The parents demanded to know what type of discipline was imposed on the male student, which the administrator refused to provide, as the School’s practice was to discuss discipline only with the parents of the student being disciplined. Following this, the daughter was involved in another incident with a different male student who allegedly spit at her. The parents informed the administrator and became dissatisfied with his response. The parents called the administrator “un-Christian” and accused him of working with the devil. The administrator ultimately concluded that the school could no longer maintain a positive working relationship with the parents and requested that the parents withdraw their daughter and their other child from the school. The parents sued the school for unlawfully dismissing their children. The court concluded that the parents bypassed the school’s grievance procedures, engaged in confrontational tactics, and failed to abide by the school handbook. As such, the court found that the school did not breach the contract by dismissing the children based upon their parents’ failure to abide by the school handbook.

B. S TUDENT D ISCIPLINE M UST B E F UNDAMENTALLY F AIR The U.S. Supreme Court has recognized that students attending private schools do not enjoy the same due process rights that are constitutionally granted to students in public schools. 2131 As such, courts generally take a deferential approach to student discipline and are reluctant to review the disciplinary decisions of private schools. However, courts still require that a private school’s disciplinary decisions and procedures adhere to a standard of fundamental fairness. 2132 Fundamental, or basic, fairness is generally defined as conduct that is neither arbitrary nor capricious. To determine whether a disciplinary decision is fundamentally fair, courts look at whether the school had a process for imposing discipline, whether the school adhered to its adopted rules or processes and whether the evidence reviewed or considered under the disciplinary procedures supported the disciplinary decision. 2133

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 512