Preschool enrollment agreement

[zhangdw]

I am in Illinois. Recently I got an issue with a local preschool where my 3-year-old son was enrolled in last August. Long story short, I witnessed a number of time that his teacher was rude for no reason and complained to the school administration, but unfortunately got no a resolution. Because I could not trust the teacher any more, I had to withdraw my son from this school. However, the school administration threw at me the enrollment agreement which I of course signed to enroll my son in this school. The school asked me to pay two more months tuition even when my son would not be in the classroom, because the agreement says “A minimum of two months notice is required for ANY withdrawal.” I would not send my son back anyway, because he is still too young to tell me clear if anything can go wrong. I just wonder whether that kind of agreement is legal. Can we protect us if we have to trust somebody and sign this kind of agreement, but they eventually behave badly? I appreciate any advice. Thank you.

 

[Zigner]

From what you say, you simply feel the worker is "rude", which is very subjective, and you are withdrawing your child based upon that. In other words, you don't like the place, so you're pulling the child out.

Without having read the agreement (which we don't do here), I'd have to say that their request sounds perfectly legal and reasonable. Of course, it doesn't matter whether or not *I* think it's reasonable, because you obviously felt it was reasonable, or you wouldn't have willingly and freely signed the agreement in the first place.

 

[PayrollHRGuy]

Yes it is legal.

 

[LdiJ]

I am in Illinois. Recently I got an issue with a local preschool where my 3-year-old son was enrolled in last August. Long story short, I witnessed a number of time that his teacher was rude for no reason and complained to the school administration, but unfortunately got no a resolution. Because I could not trust the teacher any more, I had to withdraw my son from this school. However, the school administration threw at me the enrollment agreement which I of course signed to enroll my son in this school. The school asked me to pay two more months tuition even when my son would not be in the classroom, because the agreement says “A minimum of two months notice is required for ANY withdrawal.” I would not send my son back anyway, because he is still too young to tell me clear if anything can go wrong. I just wonder whether that kind of agreement is legal. Can we protect us if we have to trust somebody and sign this kind of agreement, but they eventually behave badly? I appreciate any advice. Thank you.

I think that it would depend on the specifics of what the teacher actually did or said. If it was a bad enough situation where a reasonably responsible caretaker for a child would feel it necessary to remove the child from the school, then it might be considered that the school was in breach of the contract rather than you. However, just rudeness probably wouldn't fall to that level.

Your problem is that its unlikely that the school will take you to court over this so its unlikely that you would get the opportunity to argue it to a judge. Its more likely that they will just send it to collections with the hope that you will pay it just to get it off your credit report/score.

I do not know how much money is involved, but you could just run it by a local attorney for an opinion.

 

[zhangdw]

Thank you for all the above prompt replies. Frankly speaking, I did think the agreement is legal and I have already paid them for the past two months, although I let my son stay home. Totally the two months tuition is $1300 for half-a-day program.

If my son was slightly older, I could make decision differently. I think any parents won't give their little one to someone who cannot trust 100%, because a three-year-old kid could not tell clear what happens to him/her. One day my son got hurt on his butt with some scratches in the school about one month after he started, but he still cannot tell me what cause that. Usually the school should be able to change him a new teacher, but unfortunately for his program, the school has only two teachers on duty rotation.

When we enrolled my little one to the preschool, we of course chose to trust the teachers in the school and I did not preview the agreement. Well, I have to say even if I read it completely, I would still have to sign it, and I believe all parents will do so.

So it is sad, but may be true - when parents look for preschools for their toddlers, we have to pray to be lucky and get good teachers.

 

[Zigner]

Just a comment...everything is negotiable. You can negotiate to get more agreeable terms if you like.

 

[cbg]

You know, someone could have eyes on your kid every moment of the day and they could still get hurt. While you may have been lucky enough for this not to happen yet, there is going to come a day (it comes to all of us eventually) that your kid is going to get hurt on your watch. Will that mean that you can't be trusted with your child?

Rudeness is in the eye (or ear) of the beholder and in most cases is not sufficient cause to break an agreement.

 

[adjusterjack]

To whom was this teacher rude? You or your son? What was said by both parties to each other?

You've given us nothing on which to base a comment as to whether you had defensible cause to pull your son out of school.

Defensible meaning "in court" not just that you didn't like what happened.

 

[LdiJ]

To whom was this teacher rude? You or your son? What was said by both parties to each other?

You've given us nothing on which to base a comment as to whether you had defensible cause to pull your son out of school.

Defensible meaning "in court" not just that you didn't like what happened.

Its kind of a moot point now since the OP already paid the school the two months tuition...sigh.

 

[zhangdw]

Just a comment...everything is negotiable. You can negotiate to get more agreeable terms if you like.

I actually never see a preschool parent negotiates the agreement. I know it was passed by a school board committee. I enrolled my son to a new preschool, and the withdrawal policy of this new school requires minimum one month’s written notice, but they don't have the term saying "for ANY withdrawal". That term sounds like that they prepared to be bad and screw you up. However, as I said I would still sign the agreement even if I read the agreement. As parent, when we choose a school for kids, we always want to be nice with and trust the staffs of your kids' school.

 

[zhangdw]

You know, someone could have eyes on your kid every moment of the day and they could still get hurt. While you may have been lucky enough for this not to happen yet, there is going to come a day (it comes to all of us eventually) that your kid is going to get hurt on your watch. Will that mean that you can't be trusted with your child?

Rudeness is in the eye (or ear) of the beholder and in most cases is not sufficient cause to break an agreement.

No, not all people get their butt scratched. This kind of hurt is very rare to most people for entire their life. God bless. My wife and I never let my son hurt like that under our supervision. I did choose to trust them after that accident. There were a list of problems, but I want to keep the story short and understand whether those kinds of terms such as "under any circumstances" are legal for a contract.

Nowadays people simply return unsatisfied products/service and ask for a refund, but ironically a daycare can simply screw you up when you are not satisfied with their service. Don't they promise to keep our kids happy and comfort? What if they fail? When they failed, I did not ask a refund, but hoped to be free to go.

 

[zhangdw]

To whom was this teacher rude? You or your son? What was said by both parties to each other?

You've given us nothing on which to base a comment as to whether you had defensible cause to pull your son out of school.

Defensible meaning "in court" not just that you didn't like what happened.

I want to keep the story short, but understand whether the term in such an agreement is legal. The administrator of the school agreed with me that what the teacher behaved are not understandable and acceptable, and he did consider to change a new teacher for my son, however, he eventually found that one of two programs in which my son enrolled has only two teachers on duty rotation, so he could not find a new teacher, but wanted to persuade me to give a try and let my son return. In this case I think I can say he gave no solution, and I told the administrator that I would have my son back if he was five. Because he was three and could not tell clear what happened in the school, I did not want to take the risk for my son. Of course, now to me the administrator just wanted the two month tuition. I saw my son was not happy and even confused there, and I don't want to wait until the situation gets even worse. Probably this is not a defensible cause to sue the school to court. Thank you.

 

[not2cleverRed]

No, not all people get their butt scratched. This kind of hurt is very rare to most people for entire their life. God bless. My wife and I never let my son hurt like that under our supervision. I did choose to trust them after that accident. There were a list of problems, but I want to keep the story short and understand whether those kinds of terms such as "under any circumstances" are legal for a contract.

Nowadays people simply return unsatisfied products/service and ask for a refund, but ironically a daycare can simply screw you up when you are not satisfied with their service. Don't they promise to keep our kids happy and comfort? What if they fail? When they failed, I did not ask a refund, but hoped to be free to go.

With all due respect, that is not what cbg said.

Things happen. That is basically what cbg said.

If the child's scratches did not require medical treatment and were not documented, you do not have proof of staff abuse or inadequate supervision.

Again, by "negotiation": yes, the preschool has to abide by the terms of your contract. That means that they can't arbitrarily decide to charge you more. It does not mean that they can't change you less for withdrawing, if they think it would be in their best interest. I mean, no one likes negative reviews, or negative gossip, particularly if they want to recruit students from your community.

 

[zhangdw]

Its kind of a moot point now since the OP already paid the school the two months tuition...sigh.

I am stupid. Right? I really don't know what if I did not pay. I wanted to forget it until recently I heard from the mother of one of my son's classmates that she was going to withdraw her son too. She is a single mom and also got disappointed with the teacher. I don't know what to advise her, so I registered this forum and am learning now.

 

[zhangdw]

With all due respect, that is not what cbg said.

Things happen. That is basically what cbg said.

If the child's scratches did not require medical treatment and were not documented, you do not have proof of staff abuse or inadequate supervision.

Again, by "negotiation": yes, the preschool has to abide by the terms of your contract. That means that they can't arbitrarily decide to charge you more. It does not mean that they can't change you less for withdrawing, if they think it would be in their best interest. I mean, no one likes negative reviews, or negative gossip, particularly if they want to recruit students from your community.

Thank you. I noticed the accident to the teacher and the school administration office, and they saw the scratches, but of course they said they found nothing wrong. Sadly my little one could not tell. I have all emails that we exchanged for the accident, but I don't want to make a case and have no interest to ruin the teacher's life.