Our local private Christian school board suddenly announced that they are completely shutting down the high school for the year 2011-2012. Is this legal?
2 Answers from Attorneys
Institutions go under and a private company can't be forced to stay open. However, if there are contracts in place, they will have to resolve/negotiate these items via refund, resolution, settling a court action, etc.
Law Office of Michelle Ball
California Education Attorney advocating for the rights of parents and students since 1995.
PLEASE BE ADVISED THAT THIS DOES NOT CONSTITUTE LEGAL ADVICE NOR FORM AN ATTORNEY CLIENT RELATIONSHIP. NOTHING HEREIN IS CONFIDENTIAL AND IT IS ADVISED THAT ALL LEGAL QUESTIONS BE EVALUATED BY A DIRECT CONSULTATION WITH AN ATTORNEY OUTSIDE OF THIS FORUM.
I agree with Michelle. Unless the school contracted with you to stay open until your child had completed his/her education, and you had relied on this promise, then you likely do not have a remedy. If it becomes impossible for the school to continue to function, e.g., the buildings burn down, its certification is canceled, then it may even be able to rescind any existing contracts. These are the risks that one takes when dealing with private versus public educational entities. Good luck. T
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