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A private school has ask my 6 yr old child not to return. We would like the 2nd semester tution back.

El Paso, TX |
Filed under: Education law

They say our child broke some of their standards. When this came to out attention we where told that he needed to seek out counseling in order to come back. We did immediately. He was not allowed back. After meeting with the administration it was told to us that she (by the pricipal) had failed our son. She also stated that the other parents (2) would not allow our son a fair chance. Counselor's evaluation, he is not a threat at any level to himself or others, the cause of his bad language was from being ignored by his "BEST" friend since November. This direction was given by the parents of the "BEST" friend child to ignore our son. They where getting in trouble together. School knew of this and never informed us. Our sons misbehavior increased in the month of December.

The administration knew of the pother parents direction to their child to ignore my child. This was a direct cause for his multiple misbehavior in the month of December. Before this we had spent many times communicating with his teacher. She was happy with our son's behavioral progress this year. His trouble was age appriopriopate misbehavior. The counselor also agrees with that teachers assessment. Also the adminstration refused to even consider the therapists asessment of our son.

Attorney Answers 2


You don't have legal rights to force a private school to keep your son, as you would with a public school, and forcing the issue would not be a sound circumstance for your son in any event.

Whether you are entitled to a refund of any tuition money in this circumstance is a question of contract law. Check your contract with the school. In many circumstances, there is no right of refund after a certain point in the term. Of course, the issue may be negotiable if the school is willing to work with you.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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I agree with the other attorney's response, and your rights with respect to your private school are informed by contract - the enrollment/tuition contract for the current year. Typically, private schools will write these contracts such that you have an obligation to pay for the entire year even if you move or the school asks him to leave. Often, private schools will offer tuition insurance (or even require that parents purchase such a policy), so you should check to see if you have coverage for the balance of the tuition due under the contract.

Schools are different and they need to count on the number of students to hire the right number of teachers, to ensure sufficient seats for each student, to ensure a sufficient number of sections per grade, etc. It is because of these long-term obligations that are created for the school based on enrollment numbers that private schools simply cannot afford to lose students mid-year and refund tuition. Please do consider purchasing a policy of tuition insurance next time if you did not do so in this instance.

Good luck!

Hans Gillinger
Law Offices of Bonnie Z. Yates
13323 Washington Blvd., Suite 300
Los Angeles, CA 90066
tel: (310) 204-6624
fax: (310) 204-6624
Direct: (310) 279-5048

This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Of Counsel Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: web:

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