Schools with boarding students and international students should consider having a local tutor available to pick up the student in case the student needs to be quarantined off-campus (because they are infected with the virus or have close contact with someone who has done so) or in case the school needs to be closed and the student cannot return home. A provision that emphasizes the family`s responsibility to the student during school holidays and other closing hours is highly recommended. Given the need to use distance or hybrid learning, schools have relied heavily on synchronous or asynchronous learning, which requires recorded lectures or lectures. In the age of COVID-19, this can happen due to the student`s location and/or time zone, illness, choice of student or school, or mandatory quarantine. Whatever the reason, a school must be able to effectively teach all of its students when and where they are learning, and the consent register is necessary to ensure that this can happen. However, depending on the state where the school is located (or its distant students), the school may be required to obtain written consent to record students` voices in accordance with applicable wiretapping laws. It is therefore advantageous to include the recording of consents in registration contracts. By ensuring that all families sign these provisions as a condition of enrolment, schools can eliminate the stress of having to seek broad parental consent on the eve of a transition to distance learning. I rarely see enrollment agreements in private schools available online. Shouldn`t this important document be made available to parents so that they can read it and think about it when deciding which private school to send to their children? While the enrollment agreement is an important document that parents should consider carefully, the agreement is also an important document that schools must protect. Publishing the document online could be risky for the school from a legal point of view. For example, a plaintiff`s lawyer may try to use the agreement against the school. There may also be different agreements for different students (for example.

B an international student against a national student or a day student against a boarding student. Also, due to previous problems with this family, there may be a specific enrollment agreement for a particular family. The school may not want to publicly highlight these differences. Should registration contracts ever be updated? We recommend that our customers review the registration agreements every few years after a first full update of the registration contract. There may be changes to consider each year based on new best practices, but these changes are not necessarily significant. The relationship between parents, students and the school is determined by contract law. Can you tell us what that means? The relationship between parents, students and the school is based on many documents, including the student/parent manual, code of conduct, enrollment agreement, etc. However, the enrolment agreement is the only legal contract and recalls the relationship between parents, students and the school, with the parties bound by the terms set out in the agreement. The agreement helps schools collect tuition fees and fees in case of non-payment and set late fees in case of late payment. However, a global agreement deals with much more than tuition and fees. Current litigation in the academic context is generally based on the premise that distance learning is a breach of the university`s contractual obligation to provide students with face-to-face learning.

Therefore, force majeure provisions that allow schools to retain their authority to suspend or modify their curriculum in the event of extreme circumstances such as a pandemic are perhaps the most important part of enrollment contracts in the age of COVID-19. As these lawsuits demonstrate, it is crucial that independent enrolment contracts include language that makes it clear to families that the school`s contractual obligations can be suspended due to forces beyond their control. Schools should be careful to include a non-exhaustive list of examples, including epidemics, pandemics and virus outbreaks. Well-formulated force majeure clauses in the COVID-19 era provide a basis for the transition to distance learning during the school year, provided the pandemic persists and additional risks arise (or in the event of a new skills crisis). These provisions allow for changes to the school`s activities, which may include programs, school calendars, schedules and programs of study. You should also point out that families` obligations under the contract are unconditional, regardless of the type of programming offered, so the only recourse in case of non-performance under the contract is future performance or a modified service. In other words, these provisions should make it clear that there are no circumstances that allow for reimbursement of tuition fees. Schools should generally consider referring to their student or parent manual in their enrollment contacts to indicate that compliance is required. This provision can be particularly useful for schools that are also trying to implement pandemic policies and the respect of these expectations by families. However, enrolment contracts referring to this notice must explicitly state that neither the textbook nor any other school policy statement constitutes a binding contract. Families should also be informed that in the event of a conflict between the documents, the registration contract determines the rights and obligations of the family. It has long been recommended to include a section on student and parent behaviour in a registration contract.

These provisions should meet the expectations of students, parents, guardians and others associated with the student to ensure that a school has the flexibility to dismiss families whose behaviour negatively impacts the learning environment at school. These regulations are becoming increasingly important in the age of COVID-19, so families understand that schools have the power to exclude or discipline students if they or those associated with them clearly or repeatedly violate health and safety regulations. Here you will find information on the administrative aspect of the operation of a private school. We are committed to the development of strategic plans, government regulations, human resources and school safety. Learn about the barriers to taking charge of a struggling school, get tips on hiring a principal, and get expert advice on how to deal with bad press. How can a professionally drafted registration contract prevent legal disputes in the future? A well-written enrolment agreement is the cornerstone of a school`s risk management strategy. For example, it can help discourage parents from making claims against the school and help the school enforce such claims. A registration contract that complies with best practices and applicable law establishes standards of conduct and requires compliance with manuals, guidelines and codes of conduct. For example, we include a comprehensive parental code of conduct as well as a statement on divorces and custody disputes. Another issue that schools should consider carefully in the current climate is whether they should include in their enrollment contract a COVID-19 waiver, a risk-taking provision, or risk notification and disclosure. Including any of these types of provisions can be beneficial in preventing or defending against lawsuits, but could also lead to negative community reactions, as families and other community members may question whether the school is doing everything in its power to prevent COVID-19 infections.

The wisdom of including such provisions should be considered in the light of the law of each state and the individual culture of each school. Schools in the age of COVID-19 need to familiarize themselves with the requirements of the Federal Children`s Online Privacy Protection Act (COPPA). COPPA requires companies covered by the law to inform parents and obtain their consent before collecting, using, or disclosing personal information from children under the age of thirteen. Although schools are generally not under COPPA, schools are increasingly using COPPA-covered online service providers and often require parental consent for these services. The Federal Trade Commission noted that schools can consent, on behalf of parents, to students using these service providers in accordance with COPPA for online learning. The web-based terms of use in enrollment agreements are designed to allow schools to consent to the continued use of their providers` services without the need for further direct parental authorization if those services are used during the year. Schools across the country are navigating uncharted waters as they reopen amid the global COVID-19 pandemic. Members of the school community have expressed high hopes and concerns for the new school year, including concerns about the quality of students` education, risks to the safety of community members, and safety protocols designed to ensure their safety.

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