Do we have to pay entire tuition because we missed deadline to withdraw from school?

[Anonymous]

Ask a friend to contact them to see if they have any openings. Say they just moved into the area and need care for a two year old. If they respond no vacancy, you might have a reasonable cause that they aren't attempting to mitigate (or already filled).

[Anonymous]

Read Barrie v Patch. http://madisonian.net/downloads/contracts/barrie.doc

[Anonymous]

I agree with most of the responses, but the bottom line is that you are wrong. Pay the people whether you send your child there or not. I can't stand ppl who don't fulfill their obligations. It's not their fault that you changed your mind - and at the last minute! Yuck

[Anonymous]

Why didn't you withdraw before June 1?

[Anonymous]

Yes, you pay. If you signed a contract in any other place you would pay. Why would this be different. You broke your agreement.

[Anonymous]

Anonymous wrote:Depends on the state. Some states impose a duty to mitigate damages on the school, meaning they need to take steps to fill your spot and if they do you're off the hook. Some states flat out reject that contract language as an impermissible penalty. Some states enforce it. May be worth a quick consult with a lawyer.

thank you. I think this is it - this is what I am hoping to happen. We are ok with going to court.

[Anonymous]

Anonymous wrote:Read Barrie v Patch. http://madisonian.net/downloads/contracts/barrie.doc

Wow. This was extremely informative. Thank you and I read it all.

Risa

[Anonymous]

thank you all for your input. Same as other products or services, there must be laws to protect consumers. Unexpected events happen in all of our lives. I was able to find directions I should be taking from this website. Thanks again.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Depends on the state. Some states impose a duty to mitigate damages on the school, meaning they need to take steps to fill your spot and if they do you're off the hook. Some states flat out reject that contract language as an impermissible penalty. Some states enforce it. May be worth a quick consult with a lawyer.

thank you. I think this is it - this is what I am hoping to happen. We are ok with going to court.

But did you read Barrie vs. Maryland? In Maryland, they ruled for the school. It's going to cost you more than $6K to hire a lawyer and litigate this thing - signed a lawyer.

[Anonymous]

Yeah we definitely didn't go for that, one Montessori school in arlington had that clause and wouldn't let you leave for any reasons without paying the entire year's tuition.

[Anonymous]

Anonymous wrote:Yeah we definitely didn't go for that, one Montessori school in arlington had that clause and wouldn't let you leave for any reasons without paying the entire year's tuition.

To add if a school isn't confident that students will stay without a contractual clause means they have had problems with their style of teaching, this was what we saw with the above place. Kids didn't have play based and seemed quite from being under duress. This style makes some parents want to switch to play based but under the contract they aren't allowed. I haven't seen any play based force you to stay longer that a 30 day declaration.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Read Barrie v Patch. http://madisonian.net/downloads/contracts/barrie.doc

Wow. This was extremely informative. Thank you and I read it all.

Risa

Why? Is there a liquidated damages clause in the K?

[Anonymous]

Six weeks is a long time to miss a deadline. You're lazy and deserve this.

[Anonymous]

OP--what were the reasons for your breach? TBH, you are better off just paying if your reasons for not paying are flimsy. They will sue you and and very likely win. If you lose, you're on the hook for paying your attorney for his time AND their attorney--if a judge decides to.

Bottom line-unless you were being held hostage in a bunker or in a hospital with a terminal disease during those 6 weeks, no court is going to rule in your favor.

[Anonymous]

Anonymous wrote:OP--what were the reasons for your breach? TBH, you are better off just paying if your reasons for not paying are flimsy. They will sue you and and very likely win. If you lose, you're on the hook for paying your attorney for his time AND their attorney--if a judge decides to.

Bottom line-unless you were being held hostage in a bunker or in a hospital with a terminal disease during those 6 weeks, no court is going to rule in your favor.

The court of yelp and public opinion will and embarrass the school. Sad that money is more important than the happiness of their key kids.