Bill Text: CA AB3271 | 2019-2020 | Regular Session | Amended

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Bill Title: Enrollment agreements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2020-07-01 - Referred to Coms. on JUD. and APPR. [AB3271 Detail]

Download: California-2019-AB3271-Amended.html

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Amended  IN  Assembly  June 10, 2020

Amended  IN  Assembly  May 18, 2020

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3271

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Introduced by Assembly Member Kiley

February 21, 2020

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An act to add Chapter 3.7 (commencing with Section 1002.7) to Title 14 of Part 2 of the Code of Civil Procedure, relating to enrollment agreements.

LEGISLATIVE COUNSEL'S DIGEST

AB 3271, as amended, Kiley. Enrollment agreements.

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 institution’s 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 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, 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Chapter 3.7 (commencing with Section 1002.7) is added to Title 14 of Part 2 of the Code of Civil Procedure, to read:

CHAPTER  3.7. Enrollment Agreements

1002.7.

 (a) The Legislature finds and declares that it is unconscionable for a parent, on behalf of their 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 to 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.

(3)

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