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I am trying to get out of a private school contract
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Customer Question
I am trying to...

I am trying to get out of a private school contract

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

We had our daughter enrolled in a private school, attempted to work with the administration and teacher, all which were brushed off or simply ignored. Our daughter was coming home feeling like "the class weirdo" and "too afraid to ask questions because she was made to fee dumb" so we pulled her enrolled her in a new private. The old school is refusing to agree on any terms, we have even offered to pay through Feb (she was pulled in Jan). To which they are denying us stating that we are to pay them through May for the full contract.

Submitted: 2 years ago.Category: Consumer Protection Law
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Answered in 44 minutes by:
2/18/2016
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,954
Experience: Attorney experienced in commercial litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What specifically does the contract say about cancellation?
Did the school fail to provide her what the contract said they would provide her?
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Customer reply replied 2 years ago
This was the clause in the contract: Pinecrest Schools has limited enrollment. Its overhead expenses do not diminish with the Student's departure during the course of the Year. If the Student's attendance is terminated for any reason, including, but not limited to, transfer to another school, or interruption of education, the unpaid Yearly tuition balance becomes immediately due and payable. There will be no refund of tuition or any other costs if the Student is absent from School for any length of time.There was nothing speaking to what they will have to uphold in terms of the student.
Customer reply replied 2 years ago
In my opinion if a second grade student is coming home crying more than once a week because they are feeling "dumb" or "like a class weirdo", I don't know a single parent who would continue to subject their child to this type of environment.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Thank you for your reply.
Based on that clause, they do not have to issue a refund, the clause is specific, regardless of why the student stops attending, the contract still must be paid.
With that said, if you are claiming that the school breached its contract with you in that they failed to provide the proper education and supervision guaranteed by their contract then you have grounds to sue them for breach of contract to seek your money back. They owe a duty to provide a safe learning environment and provide proper educational instruction and material. If they did not do that, they you have no other option but to sue them for breaching their contract by not performing those things and seek the court to order the return of money based on breach. You can sue in small claims without an attorney depending on the amount due and your state (you do not mention your state for me to tell you the limits in small claims).
A child can have all types of emotional issues in school but that does not mean the school caused them or was responsible for them. You would bear the burden of proving the school had a duty to not treat your daughter as they did and in breaching that duty they breached their contract with her and that the conduct of the school or negligence of the school actually caused your daughter's issues.
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