An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

Though schools may be able to use vehicles designed to transport 11 or more students, obtaining the required licenses and permits, and complying with state and federal regulations, may render these options overly burdensome and impractical. Schools transporting students should consider using vehicles designed for ten (10) or fewer passengers, including the driver, because only a Class C license will be required (though fingerprinting, TB testing, and ensuring adequate insurance, among other issues, will still need to be considered by schools). When transporting larger numbers of students in one vehicle, schools may want to utilize outside bus or motor coach services. A signed parental authorization form is required for each child transported to or from the school or a school-related activity when the child is in a vehicle carrying less than 25 people being operated by a charter carrier. 2220

LCW Practice Advisor

LCW Practice Advisor

5. C AR S ERVICE OR R IDE SHARE V EHICLES Using private car services or ride share platforms to transport small groups of students to off- campus activities is a developing area of the law. There is not clear legal guidance on how a court might rule with respect to the school and its duty of care to students if a student suffered an injury in the course of such use. It is important to note that two of the major services, Uber and Lyft, maintain policies that do not permit minors to ride unaccompanied in cars ordered by an adult’s account. Other companies exist that cater specifically to use by minors. At this time, we do not think the use of private ride share or car services for this type of transportation is a best practice. However, if a school does decide to use such services, the school should enter into a written agreement with the car service or ride share platform that ensures the school is named as additional insured on the company’s insurance policy and that the company’s insurance will be primary in case of a claim. Schools should also make sure to get parental permission before permitting students to ride in cars provided by car services or ride sharing platforms. B. E MPLOYEE D RIVERS The Employer Pull Notice Program (EPN) requires employers to review the driving record of certain prospective employees, and to review their driving record on an ongoing basis. 2221 If the driver does not fall into one of the required categories – such as the driver of a school bus – an employer may still participate in the program where the following conditions exist:  There is an employer-employee relationship;  The employee drives frequently during the course of his or her employment;  The employee signs a waiver maintained by the employer;

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 540