Withdraw my child and paying full tuition the rest of the year?

[NCarolina]

Hi!
We have decided to changes son from the actual preschool to another one. We sent an email to the principal (the course has not started yet!) and they replied that I need to give 30 days notice, which I understand, but I need to still paying full tuition for the 9 month, (all the year) unless they find a new boy to fill my son's spot. Is this normal? They said that I signed this policy, and maybe it's true even if I don't remember.... What would you do??
Thanks!

[Heidi]

First, check the policy you signed. If you don't have a copy, ask for a copy of whatever document you signed.

Have you actually signed a contract? Just giving you a policy manual and and you signing that you received it may not be legally binding. This is a big enough amount of money that you might want to check with a lawyer.

Personally, I think a 30 day notice is one thing, and if that's what you signed, you should honor it. But a contract for a whole school year seems a bit unreasonable.

[nanglgrl]

Definitely check your contract and if it says you have to pay tuition for the year unless a replacement is found and you signed it I would imagine you would have to pay it unless your state has a law that supersedes the contract. I do understand why a preschool would do this, since it's more like "school" it would be hard to fill a spot once the school year has started.

[Thriftylady]

It depends on what you signed when you signed up. Did you get a copy of what you signed? If so you can have a lawyer look at it and see.

[Laurel]

Hi!
We have decided to changes son from the actual preschool to another one. We sent an email to the principal (the course has not started yet!) and they replied that I need to give 30 days notice, which I understand, but I need to still paying full tuition for the 9 month, (all the year) unless they find a new boy to fill my son's spot. Is this normal? They said that I signed this policy, and maybe it's true even if I don't remember.... What would you do??
Thanks!

That's something I would consider taking to small claims court if they insist you pay all that money even if you signed it.

I watch a lot of Judge Judy and when something like that happens with more than one person signing an apartment lease and one leaving before the lease is up, they don't always have to pay even when their name is on the lease.

It may not be the same at all but the worst that could happen if you go to court is you would have to pay and you might get off. That is some unreasonable policy, imo. If they are a good preschool they should have a waiting list.

Laurel

[Unregistered]

Thanks everyone, I will go tomorrow to request my copy. It was the registration form with additional papers as the bank account, etc. and maybe there is that policy in some of the papers I signed... But tomorrow I will as my copy. I now they have spaces availables, so I don't think they have waiting list. It's a church base preschool, and I will try to negotiate tomorrow with them, as for me it a lot to pay monthly tuition from August to May... And they don't determine a limit to pay, instead only said the rest of the course.... So disappointed with the school now..

[kendallina]

Yikes...that seems excessive. I guess if you signed the contract saying that you will owe for the whole year no matter what, then I guess you have to pay. But, WOW, that's extreme.

This is why it is sooooo important for parents to read and understand what they're signing. Hopefully you're able to get some answers when you re-read it tomorrow...

[spedmommy4]

It is excessive, and would likely be very difficult for them to enforce. I have been to small claims on my contract before. The judge told me that, in contracts, they will enforce reasonable notice periods. I imagine that would vary by state but a year is unreasonable by any standard. If it were me, I would run the contract by an attorney.

[littletots]

My dd attends private school. Yes, it's in the contract that you select 1) pay $17k up front, no refund, 2) pay monthly overall cost a little more, equals $19k, no refund, 3) pay monthly w added insurance policy fee $21k should you withdrawal (chg school, child is kicked out, medical) you may get out of contract. No hidden fine print. All discussed. Paperwork signed by both parents & school rep

[Leigh]

My dd attends private school. Yes, it's in the contract that you select 1) pay $17k up front, no refund, 2) pay monthly overall cost a little more, equals $19k, no refund, 3) pay monthly w added insurance policy fee $21k should you withdrawal (chg school, child is kicked out, medical) you may get out of contract. No hidden fine print. All discussed. Paperwork signed by both parents & school rep

If you signed a contract agreeing to the full school year, you'll probably be held to it. Basically, you purchased 9 months of services in advance on a payment plan. l can't see a way that you could be excused from honoring your commitment, sorry.

[spedmommy4]

If you signed a contract agreeing to the full school year, you'll probably be held to it. Basically, you purchased 9 months of services in advance on a payment plan. l can't see a way that you could be excused from honoring your commitment, sorry.

There is a substantial difference between a church daycare/prek and a private school though. It's best to have the contract reviewed.

[littletots]

This particular private school starts at pre3 to high school. Pre3 fees are $10k, same options and increase w each yr.

[daycarediva]

I just went through something similar with ds's karate. The classes were tue/thurs at 7:30pm and Saturdays at 10am. Totally workable for us. We enrolled, had been there for a couple of months and then they reconfigured class schedules. Ds's group was now to be Mon/Wed at 5, Saturdays at 1pm. No way could we guarantee to make it. Ds was missing more classes than he was attending. We found somewhere with a better schedule, and pay as you go and had to pay out the remainder of ds's contract with his dojo ($289/m x 4 months) Read before you sign people! I contested the charges because of the class change, but since the contract makes no mention of anything to do with it, and he could attend 1-3/week for the same price my lawyer said I would never win.

[MyAngels]

I would definitely take this to a local attorney who is familiar with the customs of the courts in your particular area. Depending on the total amount of tuition for the year it's very possible this could fall outside the limits of small claims court, and end up in civil court. If you just take it to court without consulting an attorney and lose, you could end up paying not only the amount due on the contract, but court costs and attorneys fees for the preschool, plus if judgment is entered you'd likely end up paying interest on it until the amount is paid in full.

While on the face of it, it may not seem fair that they will continue to charge until they find another child to fill the spot, if you think about it, it's really not. They enrolled a certain number of children and purchased supplies and determined staffing based on enrollment. They likely can't recoup that money, which is why they are saying you need to continue to pay until they can find someone else to fill the spot.

[Leigh]

I would definitely take this to a local attorney who is familiar with the customs of the courts in your particular area. Depending on the total amount of tuition for the year it's very possible this could fall outside the limits of small claims court, and end up in civil court. If you just take it to court without consulting an attorney and lose, you could end up paying not only the amount due on the contract, but court costs and attorneys fees for the preschool, plus if judgment is entered you'd likely end up paying interest on it until the amount is paid in full.

While on the face of it, it may not seem fair that they will continue to charge until they find another child to fill the spot, if you think about it, it's really not. They enrolled a certain number of children and purchased supplies and determined staffing based on enrollment. They likely can't recoup that money, which is why they are saying you need to continue to pay until they can find someone else to fill the spot.

Basically, you signed a lease on the spot that your child was to take up in the school. Same as signing an apartment lease and deciding not to move in. I can't imagine any way that a court would rule against the school.