Parents Reclaim $6,077 In Tuition Costs From Private Pre-School
by
Joseph C. Maya on Apr. 24, 2017
Other Education Business Contract Lawsuit & Dispute Lawsuit
Summary: Blog post about parents that were able to recover tuition from a private pre-school after withdrawing their child.
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 .
In the case of Marin v. Montessori Center for Early Learning, Inc., parents sued a private pre-school, alleging breach of contract and seeking to recover money they paid to the center on behalf of their child.
The parents enrolled their daughter in a pre-school program operated by the center. A registration document was signed by the parents but was not signed by anyone on behalf of the school. The parents paid the full tuition in the amount of $6,995.00, and the registration document provided that no refunds would be given if a child was withdrawn from the program. However, a brochure set a two-week provisional period as an arbitrary cut-off date beyond which withdrawal, except in limited circumstances, would result in advance tuition not being refundable. The parents notified the school that they had became concerned about safety and discipline problems within the provisional period and withdrew their child. The school refused requests for a refund. The court held that a contract existed between the parties based on the registration document and the brochure. The court held that the parents were acting within their rights to withdraw their daughter from the school's program and did not breach the so-called two-week provisional period. Thus, the parents were entitled to a pro-rated refund of the tuition paid.
Judgment was entered in favor of the parents on the first count, in the amount of $ 6,077.00. No interest was awarded. “The [parents] were acting within their rights to withdraw their daughter from the School's program and did not breach the so-called two-week provisional period” said the court. “They acted within their contractual rights and are entitled to a pro-rated refund of the tuition paid . . . Therefore, judgment may enter in favor of the [the parents], on the first count, in the amount of $ 6,077.00.”
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Marin v. Montessori Ctr. for Early Learning, Inc., 2006 Conn. Super. LEXIS 3189, 2006 WL 3200177 (Conn. Super. Ct. Oct. 20, 2006)
