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.
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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.
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