An Administrator's Guide to California Private School Law

Chapter 16 – Off Campus Activities

I NTERNATIONAL T RAVEL

Section 7

A. W AIVERS International travel waivers should differ from domestic travel waivers. In addition to the information contained in a general waiver, international waivers should also contain information regarding risks associated with traveling to a particular destination and information about required or recommended immunizations. 2233 For example, schools should require travelers to demonstrate compliance with the Center for Disease Control’s (CDC) health and immunization recommendations prior to permitting the traveler to travel with the school. CDC information can be found on its website (http://wwwnc.cdc.gov/travel) where users can select the country to which they are traveling and receive updated health and safety information, including a list of recommended vaccinations. Munn v. Hotchkiss School A student on a field trip to China was allegedly bitten by a tick and contracted a serious illness, leaving her in need of life-long care. The parents sued, claiming the school did not adequately warn of specific risks and did not instruct students to take proper precautions. The school tried to rely on the waiver, but a judge found the waiver was ambiguous and void as against public policy. 2234 A jury awarded the girl and her family over $40 million in damages. This damages award was upheld as reasonable in a 2017 decision by the Connecticut Supreme Court, which also ruled that the school had a duty to warn parents about the risk of such injury or illness in the waiver and permission agreement. 2235 1. S TATE D EPARTMENT I NFORMATION A ND A SSISTANCE The State Department has a website (http://studentsabroad.state.gov/) that informs travelers of safety issues that may arise in international destinations. The State Department website also provides Travel Warnings and Travel Alerts regarding each country. 2236 A school should ensure parents and students are aware of the site and review it before the travel begins. We recommend that schools print and attach travel warnings or alerts to the waiver. Parents and students should also be encouraged to check the site regularly during the trip. The State Department website is a useful resource for schools and permits a school to remain informed of any alerts or warnings about a country. Schools should check the website frequently to continue to monitor conditions and must alert families of new or previously unforeseen risks. Consular offices are also available on the website. Those offices can provide names of local attorneys and doctors, information about dangerous conditions affecting a trip abroad and loans to destitute Americans. 2237 Consular offices can provide non-emergency services such as notarization, receiving federal benefits, absentee voting, issuing passports and registering LCW Practice Advisor Consider holding an information session for parents and guardians to explain the benefits and risks of the trip before providing the waivers to sign.

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