Legal Question in Credit and Debt Law in Pennsylvania

Can my catholic elementary school charge me partial tuition fr a student withdrawn before year starts because they projected the cost


Asked on 8/03/12, 7:25 am

1 Answer from Attorneys

I don't know. Catholic schools are like other private schools. Whatever the policies are about refunds and cancellation are what they are. Does the school have a written policy? If it is not set forth in any written contract, have you looked at the school website or student handbook?

Most schools have policies concerning refunds. It depends on when the student withdraws as to how much of a refund they get.

The reason for this, in part, is that by paying your tuition the school has reserved a slot just for you. If you decide to withdraw, that means the school has to find another child to fill the slot. If you withdraw late in the school season (or even before classes begin but late in the summer) it is possible that the children who were denied have made other arrangements and the school will not be able to fill that slot. Another way to look at it is that this compensates the school for their liquidated damages by you breaking the contract by withdrawing.

Life happens and emergencies arise and I understand. But contracts mean things and before entering into one you should understand what the consequences are going to be if you break it by withdrawing. That should have been spelled out as to whether you would get any or all of the refund back depending on when you withdraw.

Your query about projecting the costs makes no sense. Cost projection does not factor in to a refund when you withdraw other than what I have explained. The school bases its budget and costs on having x number of students. It has incurred those costs - hiring teachers, getting books etc. regardless of whether you show up or not. When you do withdraw, as I said, it may be too late to fill that slot but the school has to eat the costs and retention of your tuition represents liquidated damages for you breaking the contract.

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Answered on 8/03/12, 11:00 am


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