An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

When students travel to other states or abroad, and engage in egregious misconduct, schools may want them to return to California. We recommend that schools include clear language that if a school returns a child for a rule violation (or other reason), the parents must pay the cost of returning the child. Depending on the age of the child, the school may also want to require a parent or guardian to retrieve the child and return with him or her.

LCW Practice Advisor

7. A RBITRATION A school may wish to include an arbitration clause in its waivers. The pros and cons to using arbitration clauses are many and will vary by school and activity. Please see the section on student applications and enrollment contracts for a discussion of arbitration agreements. D. W HO S HOULD S IGN A W AIVER ? A parent may execute a release on behalf of his or her child. 2187 Schools should require both parents to sign a waiver where possible. Eighteen year-old students have reached the age of majority and are legally permitted to sign and be held liable for contracts. 2188 Therefore, once a student is 18, he or she should be required to sign a waiver as well. LCW Practice Advisor

In some cases, schools may want minor students to sign waivers even though, with limited exceptions, a minor is legally permitted to disaffirm his or her own contract. 2189 The signature of a minor student may be helpful in terms of establishing, for example, that he or she knew of the obligation to comply with school rules even though the conduct took place off campus.

Section 3 V OLUNTEERS Volunteers frequently accompany employees and children on off-campus activities. Though schools sometimes hesitate to impose any kind of restriction on volunteers, there are legal obligations that must be followed. Moreover, there are best practices that apply depending on the type of off-campus activity.

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 536