<p>My daughter has decided she does not want to return to BS next month, after what she says was not a great year last year. Unfortunately, we have paid the enrollment and first installment, and it doesn't look like the school is willing to let me out of my contract. Has anyone else been in this situation? We are not going to attend another BS, but instead she will live at home and attend a public school. Since it's her Junior (5th former) year, I don't want to risk her having a bad experience and then just coming home in the middle of the year. Do you know if traditionally BS's will reimburse any money or make me pay for this year? Do I need to consult an attorney?</p>
<p>I know at my daughters school if you are the 2 time payment or the 10 month Sallie Mae plan, they make you take out tuition insurance. Only if you pay in full by the June/July deadline does the insurance get waived. You may want to check with your daughter’s school and see if you have tuition insurance. Good luck.</p>
<p>Was there something she didn’t like about the school or was it more of a personal reason?</p>
<p>If it is a school that has any type of waitlist, I think you can push the issue–argue they can replace the tuition with another jr. who really wants the spot and that the BS shoudl do what’s in the students best interest. Convince them that this is the right decision for your daughter and ergo the right one then for the school as well.</p>
<p>Presumably you have a contract with the school that requires you to pay the full tuition. If you don’t, you’re breaking that contract. But, at the same time, the school has a legal obligation to mitigate its damages. So, as erlanger pointed out - if another student can be found to take your daughter’s place, you’re off the hook. The school is not entitled to double tuition for the year. So, if the school fills the spot, and tells you you still have to pay them, best of luck to them in trying to collect from you - I don’t believe they’d have a leg to stand on.</p>
<p>But, honestly, my best advice would be to call another school (or two or three) and ask them how they would handle it. They can give you honest, objective information as to what is ordinarily done in these circumstances.</p>
<p>Best of luck to you!</p>
<p>Dodgersmom, I think the school’s obligation to mitigate its damages varies by state. It is much easier for a school to fill an open spot before June 15th, than in mid-August. Theoretically, as well, let’s say three students decide not to return after the deadline. The school is able to find two students to fill the open spots. Whose spots have been filled? If the school has a contract which specifies the entire tuition is due, unless they’ve been notified before June 15th, that’s a binding contract. </p>
<p>Napavalley2010, if you wish to talk to a lawyer, I would agree with Dodgersmom that calls to other schools might be fruitful. Ask them to recommend a lawyer who could help you negotiate with the school. I would not recommend you choose the sort of lawyer who gladly files lawsuits against schools. In my personal opinion (and I am not a lawyer!) it is in nobody’s best interest to file suit. If you do that, the legal proceedings–linked to your daughter’s name–become a matter of public record. If it’s a well-known school, papers across the country might pick it up. I just can’t think of a good outcome to that, no matter what the judge might decide. The legal costs would be likely to outstrip tuition costs, as well.</p>
<p>You signed a contract, didn’t you? I suggest you start by reading it again, very carefully. Then, call the school and talk openly and honestly. The longer you wait to talk to them, the harder it is for them to fill the slot and the less likely that they will be willing to comprise. I think that in any legal proceedings, you would be at at disadvantage - I’m sure most schools have dealt with this before and have procedures well in place (and probably a good lawyer on hand skilled in such things.)
Your case seems very weak to me.</p>
<p>I’m going to have to agree. Most schools make a big point in the contract of including a line for insurance (and the conditions) and allow you to opt in or out.</p>
<p>It’s unlikely, two weeks before school starts, that the school can find another student - even from a waitlist - who can afford to attend.</p>
<p>The same will be true for college. She may not like her decision, but if she drops out, she’s on the hook for the semester (if not the year) and will be required to pay back any loans she took out as well.</p>
<p>I’m so sorry for your situation. That’s a tough one. But getting lawyers involved is a bad idea especially if you waived insurance (normally you have to sign or initial the tuition form) </p>
<p>For every lawyer you can find, I can assure you the school will have better ones (and a lot of alum to volunteer in a pinch). And no school I know of will recommend a lawyer so you can sue a competitor. While “admissions” decisions aren’t generally shared remember its a small world out there. Stuff gets “around.” </p>
<p>My suggestion is to have your daughter think of ways to contribute to paying off the debt so she’ll understand the consequences of not making that decision earlier.</p>
<p>I think this is contract lawyer’s domain than CC parents to chime in.</p>
<p>Out of curiosity, can you tell us what happened?</p>
<p>Wow ExieMITAlum- Clearly you are the voice of the BS administration posting on a parents blog…even if you are a parent, your advocacy for the school ("For every lawyer you can find, I can assure you the school will have better ones ") is apparent. I have, in fact seen contracts broken. Believe it or not, schools do not deliver as they should and the justice system sees that. </p>
<p>NapaVallery2010- First of all, fight for your child’s best interest. Sending my child to BS was a bad idea. The worse idea was having him “stick it out”…it did not get better.</p>
<p>DO get lawyers involved if you need to. Your child’s future depends on it. The negatives outweigh the positives.</p>
<p>This has nothing to do with Napa’s child. This is about living up to the contract Napa signed and paying the bill that is due. Why should the school have to eat this? The school has bills to pay. They didn’t go away because Napa changed her mind. Somehow it has become acceptable in this society not to pay your bills using an all encompassing call to “justice” as an excuse. Full employment act for lawyers. Real BS.</p>
<p>As referenced in an earlier post, these schools have waiting list, and the school has ample opportunity to fill that spot. If not, maybe a prorated bill can be worked out. All about paying bills, but this “parents blog” is generally here to support what’s best for students and families…Hope that Napa’s situation gets worked out mutually for all parties. Again, it happens. When you have new information about what is best for your child, proceed accordingly. Happens every year somewhere…</p>
<p>Napa: don’t be intimidated by the school or the bloggers that post here on behalf of schools. You know what’s best for your daughter. New information yields new choices…</p>
<p>cldwellmom: I’m a parent. No affiliation with Exeter other than a son who attends. Somehow anyone who disagrees with your view is part of the establishment trying to intimidate you. Must be difficult going through life feeling persecuted all the time.</p>
<p>cidwellmom, </p>
<p>Give it a rest. I don’t “work” for Exeter and my daughter doesn’t attend school there.</p>
<p>Let’s be clear - in the admissions packets we received for my daughter for boarding school this year EVERY ONE OF THEM encouraged the parents to take out insurance and made it clear that changing your mind would not result in a tuition forgiveness if you didn’t pay the insurance. There is a specific line you sign confirming (as you would at a car rental agency) that you don’t WANT the insurance.</p>
<p>What is worse - is this is not a case of a kid who has never been to boarding school and gets cold feet. It’s someone who could have (should have) been talking these issues out early.</p>
<p>It deprived a student on a waiting list who may have gone elsewhere or now - has no way of subbing in. And tuition - even at full pay - is heavily subsidized by endowments (Exeter, for instance, budgets over $60K per child).</p>
<p>So no - I’m not talking as an “establishment” person. I’m saying, if the point of posting here is to only hear from people who agree, then she’s in for a rude awakening. Her only option is to negotiate with the school, or stop paying and deal with the bill collectors.</p>
<p>But since other parents were telling her to get a lawyer, and since I knew what that was going to cost - having done it - (be prepared for at least five figures minimum) the question is - is it worth it to spend the equivalent of tuition to get out of paying it? With the risk that she will have lawyers fees AND tuition in the end because she signed a contract and began paying which doesn’t negate her obligation? Do you really want to deal with the months of depositions, the interviews, the documentation, etc? The stress of that?</p>
<p>Sorry if that isn’t what you wanted to hear. But experience is often a better teacher than “theory.” Not sure, the mom above, wants to expose herself to that.</p>
<p>Forewarned is forearmed. Don’t get lawyers, just call and see if you can negotiate something with the school to mitigate your damages and theirs.</p>
<p>If the admission rates are around 10-30% at these schools, there will be plenty of applicants on the waitlist who are anxious to get in to fill that spot.</p>
<p>It may not matter if there were applicants on the wait list. Here’s an article from 2008, covering a similar situation: <a href=“http://www.nytimes.com/2008/05/23/nyregion/23bigcity.html[/url]”>http://www.nytimes.com/2008/05/23/nyregion/23bigcity.html</a>. Those parents knew in June that their daughter would not attend. A popular private school in New York City would be able to fill the spot from the waitlist. </p>
<p>A good lawyer would try to keep his clients out of court. No plaintiff “wins” in a suit of that nature. Some lawyers seem to tell parents that schools don’t want negative publicity, but a school is better able to weather negative publicity than a teenager. In my opinion, neither Tatum Bass nor Blair Hornstine were done any favors when their parents chose to sue. The daughter’s name, and any unflattering testimony, would be a matter of public record. College admissions officers do use Google these days–and they’re more likely to check up on applicants after Harvard’s recent embarrassment.</p>
<p>I think you are thinking that the OP is trying to reneg on a contract. Far from it. People can have extenuating circumstances like job transfer, illness etc. Any one can get cold feet any time and you need to take into account the circumstance. These things happen on altars too as you know.</p>
<p>The OP IS trying to reneg on a contract.</p>
<p>It is my understanding from reading here in past years that most schools do not enforce the contract. Bad PR and Expensive. That may have changed in more recent years. Just what has been reported here. As noted, one can always find changes in the school from certain teachers leaving to classes no longer being offered.</p>
<p>As per the President’s note on NY, without commenting on the right or wrong of the above from an ethics issue.</p>