Legality of a private school charge?

[KateToo]

Maryland

I have a slightly complicated situation, and am wondering if somebody on here knows enough about MD contract law to assist me.

My daughter was enrolled at a private school in summer 2005 (first grade). The enrolment fee back then was $600 plus tuition. The school requires all parents to pay an annual membership fee of $150 that enables one to vote in internal elections, etc. Last school year, we requested a one-year leave of absence for our daughter, and were assured verbally that upon returning no additional fees would be charged. A couple of years ago, the school board, consisting of fellow parents, chose to establish a two-tier admissions/enrolment fee system: $600 for pre-school and $2,000 for K-12. When I re-enrolled my daughter last month, well within the deadlines, I was informed that I would now have to pay the difference of $1,400, because of some board resolution that was allegedly passed after I requested a leave of absence. I was never informed of this resolution, and have serious doubts that it is enforcable, because my daughter never transitioned from the pre-school to the K-12 system, but instead began her school career at this institution as a first grader!

In addition, none of the enrolment forms state that returning families have to pay the difference of $1,400! Any advice or suggestions, please? Thank you in advance!

 

[OHRoadwarrior]

Exercise your freedom to enroll her elsewhere.

 

[swalsh411]

If you don't like the fees, take your business elsewhere. It's that simple. There is no special umbrella of protection for you because it's a private school.

 

[KateToo]

I am not looking for the "take your business elsewhere" answer. I know that I have this choice in theory, but in practice I don't, because we're moving back to a European country within the next year or two, and the schools there are notoriously picky in what they accept and do not accept, e.g., in year or grade 10, she needs to have taken a specific foreign language sequence, a specific natural science sequence and so forth. Standardised tests are not accepted.

I don't want special exceptions, I had hoped to receive helpful answers from people who are knowledgeable about contracts law in Maryland, and who can assist me in deciding whether or not I should take this up with an attorney. In contracts, dates and conditions are vital as is the concept of consideration. I am British by birth, and I know for a fact that the situation I described in my first post would not fly in the UK, because it's considered a one-sided change of conditions which constitutes a breach.

 

[CSO286]

I am not looking for the "take your business elsewhere" answer. I know that I have this choice in theory, but in practice I don't, because we're moving back to a European country within the next year or two, and the schools there are notoriously picky in what they accept and do not accept, e.g., in year or grade 10, she needs to have taken a specific foreign language sequence, a specific natural science sequence and so forth. Standardised tests are not accepted.

I don't want special exceptions, I had hoped to to hear from you that I can force the school to exactly what I want or else win a big settlement.

Fixed it for ya.

 

[KateToo]

Fixed it for ya.

You are very funny! I don't want a big settlement. I wanted to find out if the changed conditions constitute a contractual breach in Maryland.
I should have known better than to post here. The anonymity of the Internet always brings out the gits and jokers!

I have since spoken to a contract attorney, and have been informed that my specific case indeed constitutes a violation of contract conditions, thus, making the school's fees not enforceable.

Consider this thread closed. I hope that somebody else can benefit from this information.

 

[TheGeekess]

You are very funny! I don't want a big settlement. I wanted to find out if the changed conditions constitute a contractual breach in Maryland.
I should have known better than to post here. The anonymity of the Internet always brings out the gits and jokers!

I have since spoken to a contract attorney, and have been informed that my specific case indeed constitutes a violation of contract conditions, thus, making the school's fees not enforceable.

Consider this thread closed. I hope that somebody else can benefit from this information.

Really? Between last night at 10PM and this morning at 7AM you spoke with an attorney.

Alrighty then.

 

[OHRoadwarrior]

It is amazing how we could not interpret your contract, without actually seeing it, however, you managed to contact an attorney after 10pm who not only talked to you, but read the contract you refer to.

 

[tranquility]

I would love to know the condition that could have possibly been breached.

 

[KateToo]

Really? Between last night at 10PM and this morning at 7AM you spoke with an attorney.

Alrighty then.

Really? *Between last night at 10PM and this morning at 7AM you spoke with an attorney.




Alrighty then. *

After speaking to my husband last night, he teaches a night class at a local uni and didn't come home until 10.45 pm he told me that one his fellow lecturers and friends G. is an adjunct at the uni's law school who teaches contracts and IP law. I never knew that about the contract law expertise, as I have only known him as an IP lawyer. My husband is a computer scientist, thus the connection. We had sent him an email last night, scanned the documents, and got a call shortly past eight this morning. I suppose you never received a call from a friend at 8 am on a weekday...




G. told us that in MD, the start date of a contract is the initial date when the contract was entered (August 2005). Annual tuition renewal agreements don't change that. An authorised leave of absence does not change the enrolment status if the membership fee to the school society continues to be paid. The $1400 fee is unlawful, as the stated conditions only apply to a) new enrolments or b) transfers. We are neither! I don't know enough about MD law to be familiar with the finer points.




I genuinely thought that this is a forum where people could obtain serious advice, and others could benefit from it. I seem to have been mistaken!*

 

[KateToo]

I would love to know the condition that could have possibly been breached.[/]

The board's decision, as it is written, only applies to new enrollees and to transfers.
We are neither new enrollees nor transfers, but returnees after an authorised leave of absence. A leave of absence does not reset your status. Thus, it breaches the conditions of our initial contract, entered in 2005, which states that the full enrollment fee was $600 plus annual tuition and society membership fees. Annual tuition and membership fees are subject to change, but enrolment fees cannot be changed retroactively.

 

[Zigner]

Ok, let's look at this realistically. Suppose that you ARE right (just a supposition for the sake of this post): The school refuses to let your child attend the first day. So, you need to take it to court. Where is your child going to attend school during the many many months it takes for this to wind its way through the court system?

Whatever the answer is to THAT question...just take kiddo there NOW

 

[KateToo]

Ok, let's look at this realistically. Suppose that you ARE right (just a supposition for the sake of this post): The school refuses to let your child attend the first day. So, you need to take it to court. Where is your child going to attend school during the many many months it takes for this to wind its way through the court system?

Whatever the answer is to THAT question...just take kiddo there NOW

I am not interested in taking this to court. I don't want compensation. I just don't want arbitrary rules, and by fighting this I hope to help other parents in future. The school, although excellent academically, has had several problems with MD laws, and they've been successfully sued more than once. The board's decisions are often directly opposed to local laws (e.g., they prohibited the forming of an employees' association in the 1990s and were taken to court -- the employees won, btw). I know they won't risk another law suit, and I honestly don't want to go to court. It's a hassle.

However, an institution cannot simply make arbitrary rules and apply them beyond their scope. Imagine you rented a flat, paid the deposit and the monthly rent for years without moving out, and suddenly the landlord says I want a bigger deposit from you, because my deposit fee structure changed for new renters and those moving from another property said landlord owns. Would you simply pay or would you fight?

 

[Zigner]

I am not interested in taking this to court. I don't want compensation. I just don't want arbitrary rules, and by fighting this I hope to help other parents in future. The school, although excellent academically, has had several problems with MD laws, and they've been successfully sued more than once. The board's decisions are often directly opposed to local laws (e.g., they prohibited the forming of an employees' association in the 1990s and were taken to court -- the employees won, btw). I know they won't risk another law suit, and I honestly don't want to go to court. It's a hassle.

However, an institution cannot simply make arbitrary rules and apply them beyond their scope. Imagine you rented a flat, paid the deposit and the monthly rent for years without moving out, and suddenly the landlord says I want a bigger deposit from you, because my deposit fee structure changed for new renters and those moving from another property said landlord owns. Would you simply pay or would you fight?

Every (and I mean EVERY) school I've ever dealt with, public or private, has required a new contract to be signed for each school year. There was no breach of contract for next year because there is no contract signed yet for next year.

You are so off-base on this one that I suspect the left fielder is going to be the one to tag you out.

 

[KateToo]

Every (and I mean EVERY) school I've ever dealt with, public or private, has required a new contract to be signed for each school year. There was no breach of contract for next year because there is no contract signed yet for next year.

You are so off-base on this one that I suspect the left fielder is going to be the one to tag you out.

This school doesn't require a new admission or enrolment contract each year. You have to sign annual tuition agreements, which is obvious, but not annual admissions contracts. You only apply for admission once! If what you say were the case, every family would have to pay the upgraded fee, because they all sign annual tuition contracts. I know for a fact this is not the case. Did you really pay your one-time admission fee over and over again? I don't think so.

P.S. I use admission and enrolment synonymously. Perhaps there is a difference in US English? In the UK, we use them to mean the same thing.