wHAT DO YOU DO WHEN YOU'VE ACCEPTED, BUT THEN WAITLIST COMES THROUGH?

[Anonymous]

20:21 That is the standard everywhere. Think about it: If folks started bailing after June 1 or July 1, school administrations would be playing the wait list game all summer. It doesn't work that way.

[Anonymous]

Assumed the OP really wants an answer and is not trying to incite arguments, what people do in that situation is make a personal decision on what they feel is right for their child. A blanket opinion on the matter is silly as there are many factors to consider.

[Anonymous]

FYI on pulling out after binding date: http://www.urbanbaby.com/talk/posts/4086089

[Anonymous]

21:04 Of course but I think the blanket opinion that OP could be liable for the tuition is a fair one! And any concrete advice but "call the school" is beside the point. OP can't decide without informing her/himself on that score.

[Anonymous]

Anonymous wrote:Here's a write-up on the case from Arendt Fox's website:

Maryland Private Schools Can Recover Unpaid Tuition Balance When Student is Withdrawn In Breach of an Enrollment Agreement

Samuel K. Charnoff
10/11/2007

An October 2007 decision by Maryland’s highest court upheld a private school’s right to enforce a liquidated damage clause in an enrollment agreement when a student is withdrawn in breach of that agreement. Barrie School v. Patch, __ Md. __ (Md. Ct. App. October 5, 2007).

The Barrie School, a private not-for profit school in Silver Spring, Maryland, ad an enrollment agreement that provided for a $1,000 non-refundable deposit and payment of the remaining tuition balance in two equal installments. The agreement also allowed parents to withdraw a student (subject to the $1,000 deposit), provided notice of withdrawal was delivered by May 31st. Under Section 3 of the agreement (a liquidated damage clause), the parents were obligated to pay the full tuition if they withdrew a child after the May 31st deadline.

After signing this enrollment agreement in 2004, a parent decided to withdraw a child in July 2004, long after the May 31 deadline. The Barrie School filed a breach of contract action seeking to recover the tuition balance for the 2004-05 academic year. At trial, the court found the liquidated damage clause enforceable but ruled for the parent. The court held that the Barrie School could not recover because it had failed to mitigate its damages by doing nothing to try and fill the space for this child once withdrawn. This decision was affirmed on appeal.

The case was then appealed to Maryland’s highest Court. The Court of Appeals issued its decision in October 2007, ruling that the school had no duty to mitigate in the face of the clear liquidated damage clause of the enrollment contract. The Court of Appeals also concluded that using the tuition balance as a fair estimate of damages was reasonable.

This Barrie School decision should aid Maryland schools in the enforcement of liquidated damage provisions in enrollment contracts. The Barrie School case now means that schools will not have to address the complicated issue of mitigation to recover damages under a properly drafted enrollment agreement. All Maryland private schools should review their enrollment agreements carefully with counsel to determine if the contracts conform with the Court of Appeal’s reasoning.

This does not do much for the Barrie School's image.

[Anonymous]

7:56 It's not just Barrie. Schools enforce their contracts all the time. That's why they have contracts. Folks, these are contracts! Schools can't start making exceptions except perhaps under mitigating circumstances (i.e., head of household diagnosed with terminal cancer, given three weeks to live, that kind of thing). Also, many schools offer insurance that will cover tuition if a school pulls out due to illness, relocation or is kicked out due to discipline. (Yes, if your child is expelled, you are liable for the tuition.) In OP's case, she'll have to call and see. I doubt the school will release her from the contract.

http://www.urbanbaby.com/talk/posts/4086089

[Anonymous]

Anonymous wrote:This does not do much for the Barrie School's image.

Which is why many schools won't try to enforce the contract, especially when they've still got active waitlists and can replace the student who withdraws with someone else comparable. It's bad PR to be the school that can only enroll good students by forcing them to commit before they know their other options. Plus lawyers' fees could easily add up to more than the year's tuition a school stands recover.

So, it's a calculated risk, if as a parent you try to cancel the contract after the deadline. And you're worst off in MD, in a school whose enrollment contract has a liquidated damages clause, where there's an early commitment deadline, and when you wait until mid-summer to withdraw.

[Anonymous]

The urbanbaby thread is from NYC. OMMV.

[Anonymous]

9:47 I know. The point is that these is how it works at independent schools across the country. I thought these examples were interesting. Contracts are contracts. If OP can get out of theirs, great. All OP has to do is call or email the school's AD for the answer!

[Anonymous]

Yes, but it's an awkward call to make. I certainly can't blame OP for trying to get a sense of the situation first.

[Anonymous]

Anonymous wrote:Yes, but it's an awkward call to make. I certainly can't blame OP for trying to get a sense of the situation first.

And it's useful to know in discussing with them whether there's any chance, no chance, or a good chance.

[Anonymous]

Anonymous wrote:Wow. Bye-bye interest in MD private schools.

DC courts generally follow maryland law (if no DC precedent) so it wouldn't surprise me if DC ended up the same way.

[Anonymous]

I think the school would be more understanding if you left because of a job loss or significant change in economic situation. Leaving after the binding date because the school wasn't your first choice won't sit well with any AD; especially in this economic climate. If schools are still pulling from the waitlist in June, then that should be an indicator of the status of enrollment across the board.

Worst case... just be prepared for the school you want to leave to say "you're on the hook for the full tuition!" Good luck.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This does not do much for the Barrie School's image.

Which is why many schools won't try to enforce the contract, especially when they've still got active waitlists and can replace the student who withdraws with someone else comparable.

Do you have evidence to back up this claim?

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Which is why many schools won't try to enforce the contract, especially when they've still got active waitlists and can replace the student who withdraws with someone else comparable.

Do you have evidence to back up this claim?

Here's an example of the legal advice a prominent law firm gives independent schools re the Barrie School case: http://www.venable.com/files/Publication/1d7c59f5-4a06-4eed-bf07-6c7e4877bde2/Presentation/PublicationAttachment/e324891e-dec0-46be-8ad6-bf21f8a57438/1802.pdf