An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

4. I NDEMNIFICATION The term “indemnify” means the obligation of one person to make good any loss or damage that another person has incurred. 2177 A school may want to include an indemnification provision to ensure that if a student causes harm to a third party or to property, the school could recover any damages from that child’s family if the school itself were found liable. Indemnification may also be available to a school through statutory law. 2178 In California, a statute creates limited parental liability for willful acts of misconduct by their children. 2179 A parent may therefore be required to pay for his or her child’s willful misconduct if there is criminal liability. 2180 Similarly, under the Education Code, parents and guardians may be liable for damage to school property or injuries to school employees and volunteers caused by a student. 2181 5. D ENTAL A ND M EDICAL T REATMENT A UTHORIZATIONS Parents or guardians generally have the right to make decisions regarding the dental and medical treatment of their child. 2182 A minor’s parent or guardian may give authorization for another adult to make decisions on behalf of the minor. 2183 In some cases, a child’s caregiver may also grant permission to another adult to make dental or medical decisions. 2184 Where a minor is 15 years or older, living apart from his or her parents or guardians, and managing his or her own financial affairs, the minor may grant permission for an adult to make dental or medical

decisions on his or her behalf. 2185 LCW Practice Advisor

Schools may require medical information about a student to ensure he or she may safely participate in various off-campus activities. The School may not use this information to screen out children with disabilities from participating in the off-campus activities. 2186 Please see the Disability Interactive Process Chapter for more information.

6. C OMPLIANCE W ITH S CHOOL R ULES Schools should confirm that students are required to comply with school rules even when off- campus. Arguably, this provision may not be necessary since school rules may already apply to school-related off-campus activities. However, there may be situations where students will have free time or where they may not be participating in a school activity at the time of the misconduct. Unless there is clear language stating that school rules apply at all times, students may argue that the misconduct did not occur during a school-related event.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 535