Legal Question in Education Law in New York

private school tuition refund

my child was enrolled in a private school. On the first day of school this smester, school officials had learned of an incident my child was involved in that occurred prior to the summer break and that occurred outside of school. Even though this incident is completely unrelated to the school, the school denied my child admission this year. They have refused to return the tuition for the year stating the contract I signed states that they have the sole discretion to deny a student admission for any reason without refunding tuition. It seems unfair that my child did not violate any school rules, did not attend any days in school, cannot appeal their decision, and they get to keep the entire years tuition. Do I have any recourse?


Asked on 9/29/05, 1:55 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: private school tuition refund

It really depends on the contract terms. It is probable that there is a clause about this, and it needs to be reviewed in light of the remaining facts. There may also be an arbitration clause, which would allow you to proceed against them without a full blown lawsuit.

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Answered on 9/30/05, 1:34 pm
Arnold Nager Arnold H. Nager, Esquire

Re: private school tuition refund

This is not really an education issue, but one involving a contract. I suggest you repost the question under the Contracts category. You will most likely get more responses.

In any event, without examining the actual contract you signed with the school, any answer would be incomplete.

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Answered on 9/29/05, 2:21 pm


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