An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

highway by a school bus. The driver failed to flash red lights and walk students across the street. Students and parents were instructed by the principal that they were to wait to cross the street until after the bus drove away from the bus stop. The district was not able to claim immunity because it failed to comply with a number of Vehicle Code provisions and thus failed to use reasonable care to ensure that students were able to cross the street safely. 2230 Although this decision involved a public school, private schools should make sure that bus drivers use all reasonable care to ensure students’ safety. LCW Practice Advisor Any employee who transports students on behalf of a school or anyone who drives a school bus, school pupil activity bus, or a youth bus for a school must be fingerprinted. 2231 T HIRD -P ARTY T RAVEL O RGANIZATIONS A private school may utilize a third-party travel organization to facilitate a trip or a host program. If a private school contracts with a third-party organizer, it must enter into a written contract that includes at least the following:  A twenty-four hour contact number;  An itemized statement of the services to be provided as a part of the program and the agreed cost for the services;  The qualifications of staff;  Written descriptions of the educational program; Section 6

 The length of time the company has been conducting educational trips;  The number of trips and number of students who have participated in the past; and  The names of the owners of the third-party organization and whether there has been a judgment or criminal conviction against them within the past 10 years. 2232

Many third-party travel organizations do not provide contracts that meet these requirements. However, schools should insist on them. The contracts should be provided along with the waivers because they will provide specific information about the risks involved with the travel.

LCW Practice Advisor

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