AB 272: Enrollment agreements.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-08-31
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.
This bill would authorize a minor to disaffirm a provision in an educational institutions enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors 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, as defined, on that minor. The bill would apply only to enrollment agreements for public or private schools maintaining a kindergarten or any of grades 1 through 12.
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.
This bill would authorize a minor to disaffirm a provision in an educational institutions enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors 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, as defined, on that minor. The bill would apply only to enrollment agreements for public or private schools maintaining a kindergarten or any of grades 1 through 12.
Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements.
This bill would authorize a minor to disaffirm a provision in an educational institutions enrollment agreement that purports to waive a legal right, remedy, forum, proceeding, or procedure, regardless of whether a parent or legal guardian has signed the enrollment agreement on the minors 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, as defined, on that minor. The bill would apply only to enrollment agreements for public or private schools maintaining a kindergarten or any of grades 1 through 12.
(a)The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parents 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 institutions 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 minors 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.
(a)The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parents 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 institutions 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 minors 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.
(a)The Legislature finds and declares that it is unconscionable for a parent, on behalf of the parents 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 institutions 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 minors 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.
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Date
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Status
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|---|---|
| Aug 31, 2021 | Chaptered by Secretary of State - Chapter 146, Statutes of 2021. |
| Aug 31, 2021 | Approved by the Governor. |
| Aug 24, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 16, 2021 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 16, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2042.). |
| Jun 17, 2021 | Read second time. Ordered to third reading. |
| Jun 16, 2021 | From committee: Do pass. (Ayes 10. Noes 0.) (June 15). |
| May 19, 2021 | Referred to Com. on JUD. |
| May 11, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 10, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0. Page 1355.) |
| Apr 7, 2021 | Read second time. Ordered to third reading. |
| Apr 6, 2021 | Coauthors revised. |
| Jan 28, 2021 | Referred to Com. on JUD. |
| Jan 20, 2021 | From printer. May be heard in committee February 19. |
| Jan 19, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 16, 2021 | Assembly 3rd Reading AB272 Kiley et al. By Wiener | Senate Floor |
Passed |
|
| May 10, 2021 | AB 272 Kiley Assembly Third Reading | Assembly Floor |
Passed |
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