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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter just entered preschool in the 2s program. she

Customer Question

hello, my daughter just entered preschool in the 2s program. she has been there 3 days in row for the first week. they have called on all days apart form the first to pick her up after 45 minutes because she was crying, and they did /could not manage to engage or console her. now entering the second week i need to work but have nowhere to leave my child because the school cannot manage to take care of my daughter. is it a breach of contract in their part if they cannot keep her. I have all fees upfront. At this point i would be happy to pull her out and move her to a different institution but only if i can get my money back. what do you think?
JA: Because education law varies from place to place, can you tell me what state this is in?
Customer: new york
JA: Has anything been filed or reported?
Customer: no i had an email exchange with the head teacher where i gave her information about my child in order to know her better but nothing more than that.
JA: Anything else you want the lawyer to know before I connect you?
Customer: only that my daughter is a very sociable, easy by all accounts of everyone she has been left with all this time. there was no indication that this was going to happen. also, the 3rd co teacher, which to their account all teachers and co teachers have years if experience, is a very young (ear;y 20s) guy is looks and behaves completely lost, cannot engage or talk to a child.
Submitted: 11 months ago.
Category: Legal
Expert:  P. Simmons replied 11 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 11 months ago.

Can you tell me what, if anything does your contract say about this?

Customer: replied 11 months ago.
1 min
Expert:  P. Simmons replied 11 months ago.

Just looking to see if there is any language regrinding this in the contract (there may or may not be)

Customer: replied 11 months ago.
A. I acknowledge that my child’s school tuition for the 2016-2017 school year will be $21,000 and I agree to pay such
tuition in accordance with the terms and conditions of this contract and payment schedule below.
B. Tuition payment schedule is as follows:
NON-REFUNDABLE deposit due January 19, 2016…………..……..…..
($16,800 of this amount is for the non-refundable deposit)
Customer: replied 11 months ago.
I understand that payment of Annual Charges and other charges and fees is a condition of enrollment and that the School may revoke any Contract and
suspend or terminate the student’s enrollment for non-payment or untimely payment. I further agree that:
a) If timely payment is not made within ten (10) calendar days of the payment date, a late charge of $350, or the maximum amount permitted by
law shall be incurred. An incremental $350 fee shall be incurred for each additional thirty (30) days the payment is outstanding
b) If and when my payment becomes thirty (30) days past due, my child’s enrollment may be canceled. I acknowledge that my child may NOT be
allowed to return to school until all payments and late charges are made current.
c) No student will be permitted to enter classes in September if payments for tuition and other School fees and charges are delinquent before the
commencement of the school term.
d) All payments received will be applied to the oldest outstanding invoice.
e) Any student for whom tuition or other school fees and charges are delinquent will not be offered enrollment for the following year and that
student’s place will be assigned to another student.
f) For students with delinquent or unpaid fees and charges, the School may, at its sole discretion withhold academic transcripts and other records
from other schools. The School also may notify other schools that School accounts are not paid in full.
g) Any graduating student whom tuition or other fees and charges are delinquent will not be permitted to attend graduation.
I have read and agree to the above terms: Initial here Parent 1: ____________ Parent 2: _________
a) I understand and agree that this Contract is for the full academic year. The obligation to pay tuition and fees is unconditional and cannot be
apportioned or mitigated. The School will not take any deductions, omissions, or refunds for absence, withdrawal, suspension, or for any other
reason, unless written notice of withdrawal and cancellation is received by the School before May 15th 2016, in which event, except for the
non-refundable deposit, all payments and fees herein shall be waved or refunded, as the case may be.
b) In the event that the Student is withdrawn for any reason whatsoever after the above date, I/we agree to execute this contract in the following
a. If the Student withdraws before the opening day of school, 80% of the total agreed fee for such Student for the year shall be due.
b. If the Student withdraws after the opening day of school, 100% of the total agreed fee for such student for the year shall be due.
I have read and agree to the above terms: Initial here Parent 1: ____________ Parent 2: _________
In addition to the Annual Charges, I assume financial responsibility for all other applicable charges and fees such as those for our after school programs,
which charges and fees will be billed in full at the time they are incurred. Checks returned by the bank will incur a $50 processing fee.
Unless I provide the School with advance written notice, the student has permission: (a) to take part in any and all School activities on or off School
property, including athletics; (b) to take School-sponsored trips; and (c) to ride in vehicles chartered by the School. I acknowledge and agree that
notwithstanding the above, I will complete and promptly return to the School any requested additional permission slips, release and/or medical
information forms regarding the student. I further agree that the School may use the student’s first name or initials, work, portrait or likeness in
connection with School activities or in publicizing the School, and that, except as prohibited by law, the School may use the Student’s information and
records at the School’s discretion.
I understand that by signing this Enrollment Contract, I agree to cooperate fully with the School and to comply with all rules and regulations of the School.
I further acknowledge and agree that the student agrees to comply with all rules and regulations of the School, and further agrees to comply with all
directives of School administrators, faculty, and staff. I acknowledge and agree that the School has the right to discipline, suspend or terminate the
enrollment of any student at any time at the School’s sole discretion. Such discipline, suspension or termination may result where (a) a student fails to
abide by the rules and regulations of the School; (b) the School determines that a student’s conduct or performance demonstrates an unwillingness or
inability to be productive within the School community; (c) a parent, guardian, or other individual closely associated with the student fails to cooperate
Customer: replied 11 months ago.
this is all we have and have paid the full amount timely.
Expert:  P. Simmons replied 11 months ago.


Expert:  P. Simmons replied 11 months ago.

The school has an obligation to properly care for the child while they have her under their care.

If there are not? That would be a "breach" of their obligations under the contract and a basis to demand your money back.

Now...why is your daughter crying?

Is it because they are not treating her properly?

Or is it because she is emotionally not ready to be separated from you/your family?

That will be the issue...if it is the latter? You are not entitled to a refund. But if the reason is because they are not treating her properly? That would entitle you to a refund

Perhaps you can negotiate a pull your daughter, let them know you will sue if they do not return your money...then negotiate to reach a settlement option.

At the end of the day, if you sue them you have to prove that the reason your daughter is crying is because of their conduct...and not because of her inability to remain away from you

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
Seeing that my daughter has, in two years, not shown any signs of taking badly to strangers or staying in the care of others and given that I am observing a lack of competence and ability in the classroom staff (especially one of them) to sustain engagement with her when she is distressed (she has also been passed around from one member of staff to the other, including such who are not officially assigned to her staff ... but she did not receive dedicated focus to help her through her separation), my other question would therefore be how best to go about articulating and playing back to them my observations so as to build a useful case. should i write down all my observations and share with them? engage them directly? ask for their views on why this is happening? or should i refrain from that? i have a lot of observations, some subjective, some objective, that all together indicate they are struggling to handle a very normal situation but i would like to know how best to proceed so that i do not diminish my chances to come to a settlement should this not work out in the next week
Expert:  P. Simmons replied 11 months ago.

Sorry...I am being called away unexpectedly. I will opt out so another expert can continue with you

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you can prove the school is not properly caring for your child and that is causing this distress, then you have grounds to sue for breach of contract. However, you would bear the burden of proof to show that the school is not properly caring for your child during school hours. His means likely engaging a local therapist to examine the child to find out if you can determine the root cause of the issues at school.
If you cannot prove that the school is improperly caring for your child, then you cannot get out of this contract. So, start by writing a letter to the school explaining they are not taking proper care of your child and explain that the issues that your child is experiencing is a result of their improper care and as such they are in breach of contract and you are due a refund for breach. If they refuse, you need to get the child to a therapist so you have evidence if you choose to sue them for breach, as you need to prove that in court. Also you would need a local civil litigation attorney to represent you as this is not a case that can go to small claims court, it has to go to the regular civil court.