If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100.

Courts hold private schools and public schools to very different standards with respect to students’ rights. In private schools, the relationship between the school and the student is contractual in nature. Meanwhile, federal and state statutes, such as the Individuals with Disabilities Education Act and Title IX, govern public schools. As a result, due process and discrimination claims available to public school students are generally unavailable to private school students. However, this does not mean that private schools are immune from civil liability when a student is harmed. Valid legal claims against private schools include: 1) breach of contract; 2) negligence; and 3) fraud.

Breach of Contract

A contractual relationship exists between a student and the private school in which he or she is enrolled. A contract is a legally binding promise to act or provide products or services, usually in exchange for money or services. In the private-school context, a contract may stem from an admission agreement, a student handbook, or even information from a school website or brochure. In exchange for your enrollment and tuition payment, the school is obligated to adhere to the express and implied promises found in these documents. If your school then fails to hold up its end of the bargain, it may be liable for breach of contract.

Breach of contract claims that have avoided dismissal by the court include:

• A private elementary school’s failure to provide adequate diagnostic testing and individual reading instruction as promised. Squires v. Sierra Nevada Educational Found., 823 P.2d 256 (Nev. 1991).
• A business school’s breach of its promise to provide a program that would lead to a transferable accounting degree. Till v. Delta School of Commerce, 487 So.2d 180 (La. Ct. App. 1986).
• A nursing school’s promise of eligibility for the RN exam upon graduation, where the school was not accredited. Jeffers v. American University of Antigua, 3 N.Y.S.3d 335 (N.Y. App. Div. 2015).

Negligence

A school may be liable for negligence if it breaches its duty of care, resulting in harm to a student.

• Duty of Care. The duty of care in this context is usually based on the same documents that establish the contractual relationship between the school and student. These include the admission agreements, handbooks, and brochures. For instance, a provision in a student handbook prohibiting harassment may establish that the school has a duty of care to prevent and/or punish harassment.
• Breach. Once the school’s duty of care is established, the student must establish that the school breached that duty. For instance, a school’s failure to adequately prevent harassment, or to appropriately respond to reports of harassment, may constitute a breach.
• Harm. To prove negligence, the student must also prove that the breach resulted in harm. In this context, harm may be academic, emotional, or physical. For instance, a student’s fear of going to school as a result of harassment may demonstrate emotional and academic harm to the student.

Fraud

Your private school may be liable for fraud if it intentionally made false or misleading statements that convinced you to enroll. Examples include deception about instruction, training, or graduation requirements. For instance, a group of students successfully sued Trump University for fraud, alleging that the school intentionally misled them by calling itself a “university” and claiming that Donald Trump had “hand-picked” the instructors. On the other hand, unintentional deception, while not fraudulent, may constitute negligent misrepresentation.

If you are concerned that your private school or university acted unlawfully, contact the experienced education law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge your child needs at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.