Legal Question in Education Law in New York

Financial Aid Question

I applied for an LPN course at a continuing education center for two years. I applied for a student loan for my tuition with the help of a financial advisor who went over the paperwork with me. At no time did he inform me that I didn't meet the necessary financial requirements for the first years tuition. Upon completion of the course, I graduated with good grades, received my certificate,and went on to apply to take the New York State Boards. I submitted all of the necesary paperwork. I began to repay my student loan at this time. I contacted the school for a certified letter verifying that I met the criteria to take the test. Instead of sending the letter, they sent me an oustanding bill for my first year's tuition and told me that until it was paid in full they would not submit the paperwork to the State to take the test.

Is this legal? Can they do that?


Asked on 9/17/05, 12:47 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Financial Aid Question

I suggest that you contact New York Attorney General Elliot Spitzer's office. In addition you may also wish to file a complaint with the NY State Education Department. If interstate commerce was involved, ie: you were not a NY resident when these transactions took place, federal agencies such as FTC might get involved.

You could also sue the school for breach of contract and for damages, adding a claim for an equitable remedy, but this could be costly.

Good Luck

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Answered on 9/18/05, 11:19 am


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