| 1 | | - | Assembly Bill No. 272 CHAPTER 146An 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. [ Approved by Governor August 31, 2021. Filed with Secretary of State August 31, 2021. ] LEGISLATIVE COUNSEL'S DIGESTAB 272, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 Agreements1002.7. (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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| 1 | + | Enrolled August 17, 2021 Passed IN Senate August 16, 2021 Passed IN Assembly May 10, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 272Introduced by Assembly Member Kiley(Coauthors: Assembly Members Davies, Lorena Gonzalez, and Reyes)January 19, 2021An 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 DIGESTAB 272, 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 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 Agreements1002.7. (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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| 14 | 23 | | |
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| 15 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 25 | | |
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| 17 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 27 | | |
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| 19 | 28 | | AB 272, Kiley. Enrollment agreements. |
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| 20 | 29 | | |
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| 21 | 30 | | 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. |
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| 22 | 31 | | |
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| 23 | 32 | | Existing law prescribes various conditions and limitations on enrollment in educational institutions, including, in some cases, on the provisions in enrollment agreements. |
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| 24 | 33 | | |
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| 25 | 34 | | 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. |
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| 26 | 35 | | |
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| 27 | 36 | | ## Digest Key |
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| 28 | 37 | | |
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| 29 | 38 | | ## Bill Text |
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| 30 | 39 | | |
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| 31 | 40 | | 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 Agreements1002.7. (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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| 32 | 41 | | |
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| 33 | 42 | | The people of the State of California do enact as follows: |
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| 34 | 43 | | |
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| 35 | 44 | | ## The people of the State of California do enact as follows: |
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| 36 | 45 | | |
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| 37 | 46 | | 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 Agreements1002.7. (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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| 38 | 47 | | |
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| 39 | 48 | | 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: |
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| 40 | 49 | | |
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| 41 | 50 | | ### SECTION 1. |
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| 42 | 51 | | |
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| 43 | 52 | | CHAPTER 3.7. Enrollment Agreements1002.7. (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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| 44 | 53 | | |
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| 45 | 54 | | CHAPTER 3.7. Enrollment Agreements1002.7. (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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| 46 | 55 | | |
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| 47 | 56 | | CHAPTER 3.7. Enrollment Agreements |
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| 48 | 57 | | |
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| 49 | 58 | | CHAPTER 3.7. Enrollment Agreements |
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| 50 | 59 | | |
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| 51 | 60 | | 1002.7. (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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| 52 | 61 | | |
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| 53 | 62 | | |
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| 54 | 63 | | |
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| 55 | 64 | | 1002.7. (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. |
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| 56 | 65 | | |
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| 57 | 66 | | (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. |
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| 58 | 67 | | |
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| 59 | 68 | | (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. |
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| 60 | 69 | | |
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| 61 | 70 | | (d) For purposes of this section, the following definitions apply: |
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| 62 | 71 | | |
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| 63 | 72 | | (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. |
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| 64 | 73 | | |
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| 65 | 74 | | (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. |
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| 66 | 75 | | |
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| 67 | 76 | | (3) Educational institution means a public or private school maintaining a kindergarten or any of grades 1 through 12. |
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| 68 | 77 | | |
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| 69 | 78 | | (4) Enrollment agreement means a written contract between a student and institution concerning an educational program. |
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