Private Education: Student Issues

Student admissions and enrollment agreements are central to a well-run school. We assist schools with the creation and revision of applications, contracts and handbooks.

Private schools have the ability to create and enforce contractual standards of conduct that support the learning environment. While student discipline in private schools in California is not generally regulated by the California Education Code and other constitutional due process requirements, there are certain restrictions that apply. Member of the Private Education Practice group advise schools on the general legal guidelines and issues that private schools face when imposing student discipline.

Learning is not confined to the classroom. Increasingly schools – and parents – expect children to participate in a variety of off-campus activities such as day trips, overnight excursions, travel to historic sights, and even journeys abroad. LCW attorneys assist schools with the myriad of items that arise with off-campus activities including the use of waivers, volunteers, transportation, first aid and international travel.

The Americans with Disabilities Act requires that schools make reasonable accommodations for students with disabilities. California law also imposes obligations on schools in terms of interacting with disabled students. LCW attorneys can assist schools in how to approach this difficult issue every step of the way. From initial contact with a disabled student, we will help create a roadmap for the appropriate steps to take and how to document the process for your records. Our attorneys are experienced in guiding schools through interactive process meetings to discuss possible accommodations, as well as analyzing whether requested accommodations are reasonable for the school.

The firm is familiar with California requirements regarding student records. The law sets out how student records must be maintained and for how long. We can answer questions about student records and what kind of records must be kept in the student’s files, along with issues related to producing records in response to both parent requests and subpoenas.