Should I not pay my child's learning pod?

[Anonymous]

My elementary kid is part of a learning pod with several friends who are at the same school/grade, but in different classrooms. The learning pod is run by a company that holds afterschool classes and summer camps. Our pod is held three days a week and runs six hours.

The company promised us repeatedly that our kids would go outside twice a day for planned phys ed activities and this was key in my decision to sign up with them. However, it turns out that even though the children are in the same grade/school, their zoom schedules are different enough that their pod teacher cannot find a good chunk of time when all of the kids are free to go outside. So far, the kids have gone outside less than half of the days they are at pod and some of those times, they have just hung out in front of the pod building or gone for a walk around the block. The rest of the days, they are stuck inside a windowless room for six hours straight.

The pod parents have all complained and asked for the company to hire a teacher's aide so that the kids can go outside at different times (i.e., one adult stays with kids on zoom while kids on break go outside). The company refuses, presumably because it will make the pod significantly less profitable to them.

The company has a no refund policy, but I don't think it should apply because they are not keeping their end of the bargain. I still have one installment payment to make for the last month and can block my credit card from paying them. Would you block payment? I could never sign my kids up with this company again, but based on this experience, it's not a huge loss. I feel like it's a little underhanded, though.

[Anonymous]

I’m confused. Are you still sending your kids to the pod?

[Anonymous]

Anonymous wrote:I’m confused. Are you still sending your kids to the pod?

My kid is still in pod, but I'm thinking about pulling him once the last payment is due. The installments are prepayments so I would not be blocking payment for days already attended.

[Anonymous]

They go to the same school, same grade, but their break times are different? Why on earth would a school do that?

[Anonymous]

Are you planning to explain in writing why you are not making the payment? It would be underhanded to simply stop payment and ignore them. I totally understand your frustration though.

[Anonymous]

If everything else is okay, then I would continue and do more physical activity as a family other times during the week.

[Anonymous]

Don’t pay them if you want to get sued and ruin your credit. You will lose if you get sued.

[Anonymous]

Anonymous wrote:They go to the same school, same grade, but their break times are different? Why on earth would a school do that?

The kids are all remote learning. The teachers are supposed to follow the same basic schedule, but day-to-day, it ends up being very different. For ex., one teacher may choose to use a prerecorded video to teach math that day so her break ends up being 40 minutes while another teacher may run over the allotted time for math so his break is only 10 minutes.

[Anonymous]

Anonymous wrote:Are you planning to explain in writing why you are not making the payment? It would be underhanded to simply stop payment and ignore them. I totally understand your frustration though.

Yes, absolutely.

[Anonymous]

What does your contract say, OP?

[Anonymous]

Anonymous wrote:If everything else is okay, then I would continue and do more physical activity as a family other times during the week.

I don't think it's good enough to say "if everything else is okay". Our kids are in a windowless and not very large classroom for six hours at a time. I told the company that they don't have to keep their promise of phys ed twice a day, but that our kids need to go outside at least once a day for twenty minutes and take a walk. That's it. They can't or won't even do that. Also, the registration fee is not cheap. They can afford to hire a teacher's aide for a few hours a day (not even the whole day!) and still make a profit, but won't because it will affect their bottom line.

[Anonymous]

I'm no lawyer, but I think you need to create a paper trail if you do this by notifying them, in writing, that you are withdrawing your child because they have failed to keep their end of the contract and you will no longer pay for their services. Otherwise, they could try to get a judgement against you for the fees.

[Anonymous]

Anonymous wrote:What does your contract say, OP?

There is no written contract. I just checked the company's terms and conditions and it says the fee is 50-80% refundable before the session starts, but doesn't say anything about refunds after the session starts. The company told me orally that they had a no refund policy.

[Anonymous]

Anonymous wrote:I'm no lawyer, but I think you need to create a paper trail if you do this by notifying them, in writing, that you are withdrawing your child because they have failed to keep their end of the contract and you will no longer pay for their services. Otherwise, they could try to get a judgement against you for the fees.

I will definitely leave a paper trail. I also have been putting together evidence such as screenshots of their website where they make their promises of phys ed. Ultimately, I don't think they will come after me because I would win in court. They made promises, and chose not to keep them, so why should I (or any parent) pay

[Anonymous]

Where is this windowless pod room? And where is the outdoor play area? I’m trying to figure out why kids on break can’t just let themselves outdoors? These are elementary kids not 2 yr olds... they don’t need constant supervision. Being cooped up in one room all day sounds miserable for the kids and the teacher.