Enrollment Agreements - Of Miscellaneous Provisions - Civil Procedure - CA

Section § 1002.7

This law makes it clear that no school can force parents to sign away their child's rights to sue or seek legal remedies for matters related to criminal sexual assault or battery. Even if a parent signs such an agreement when enrolling their child, the minor can reject that specific provision later. The rest of the enrollment agreement remains valid, but any clause waiving the child's rights regarding these serious offenses is not enforceable. This applies to both public and private schools from kindergarten to grade 12.

(a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parent’s minor child, to be required to waive a legal right, remedy, forum, proceeding, or procedure, including the right to file and pursue a civil action, belonging to that minor child with respect to claims arising out of a criminal sexual assault or criminal sexual battery as a condition of enrollment in an educational institution.

(b) Notwithstanding Chapter 2 (commencing with Section 6710) of Part 3 of Division 11 of the Family Code, a provision in an educational institution’s enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure may be disaffirmed by the minor, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minor’s behalf, to the extent that the provision is construed to require the minor to waive a legal right, remedy, forum, proceeding, or procedure arising out of a criminal sexual assault or criminal sexual battery on that minor.

(c) The fact that a provision in an enrollment agreement has been disaffirmed by the minor pursuant to this section does not affect the validity or enforceability of any other provision of the enrollment agreement.

(d) For purposes of this section, the following definitions apply:

(1) “Criminal sexual assault” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 261.5, 286, 287, 288, 288.7, or 289 of the Penal Code, or any predecessor statute.

(2) “Criminal sexual battery” means an act that was perpetrated against a person under 18 years of age and that would be a crime under Section 243.4 of the Penal Code.

(3) “Educational institution” means a public or private school maintaining a kindergarten or any of grades 1 through 12.

(4) “Enrollment agreement” means a written contract between a student and institution concerning an educational program.

child's legal rights parental waiver criminal sexual assault ...