Private Academy Sues Parents For Unpaid Tuition
by
Joseph C. Maya on Apr. 24, 2017
Other Education Business Contract Lawsuit & Dispute Lawsuit
Summary: Blog post about a private school that sued parents seeking unpaid tuition payments that were not made after the student was withdrawn.
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 Hope Academy v. Walz, a school sued parents of students, seeking to recover unpaid tuition incurred by their son. The parents, in turn, asserted a counterclaim, or counter lawsuit, alleging that the school had failed to provide their son with adequate special education.
The parents claimed that their son was diagnosed with attention deficit disorder, and that the school failed to meet his special needs. The court found that the parents agreed to pay the tuition by a deposit and installments. The enrollment contract provided for no refunds or rebates due to termination, withdrawal, or absence of the student. The court found that student progress reports did not suggest any noteworthy deficiencies in the son's behavior or progress for the first several months of the school year. The parents wrote a letter to the school president to notify her of the son's withdrawal. The letter explained that the parents lacked the money to continue to keep the son enrolled, but there was no suggestion in the letter that his withdrawal was due to any problems with the school's performance. The total balance remaining unpaid for tuition was $ 8,300. There was no evidence that the school breached its contract to provide instruction for the son, or proof of any misrepresentations as to promises or performances on the part of the school.
Judgment entered for the school for damages in the amount of $ 8,300, counsel fees of $ 1,245, a late fee of $ 415 per the contract, and interest in the amount of $ 1,455, for a total of $ 11,406 plus allowable costs. Judgment entered in favor of the school on the parents' counterclaim.
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: Hope Acad. v. Walz, 2004 Conn. Super. LEXIS 972, 2004 WL 944550 (Conn. Super. Ct. Apr. 14, 2004)