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  #1  
Old 01-15-2010, 01:49 PM
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Unhappy Is it Legal to Charge for Full Year When Leaving a Program with Notice?

My child care provider starts a 'school year' on Sept 1 and ends on Aug 31. She states in her contract that if the child should leave the program during the summer or spring that they are entitled to receiving payment for the remainder of the school year. Has anyone heard of this? And is it legal?

Here is the exact wording:
"If the child should leave the program, for any reason during the summer, with the 35-day notice, XX is entitled to receiving payment for the remainder of the school year...Once the child has been attending the program from the beginning of the school year through the spring of the following year, should the child's family decide to leave the program before the school year's end, XX is entitled to receiving tuition for the remainder of the school year. Parents are responsible for the tuition fees that they have agreed to pay, even if the child does not attend the program, due to traveling, illness, or any other reason."

Any advice would be appreciated.

Thanks.
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Old 01-15-2010, 03:02 PM
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momofboys momofboys is offline
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Quote:
Originally Posted by Unregistered View Post
My child care provider starts a 'school year' on Sept 1 and ends on Aug 31. She states in her contract that if the child should leave the program during the summer or spring that they are entitled to receiving payment for the remainder of the school year. Has anyone heard of this? And is it legal?

Here is the exact wording:
"If the child should leave the program, for any reason during the summer, with the 35-day notice, XX is entitled to receiving payment for the remainder of the school year...Once the child has been attending the program from the beginning of the school year through the spring of the following year, should the child's family decide to leave the program before the school year's end, XX is entitled to receiving tuition for the remainder of the school year. Parents are responsible for the tuition fees that they have agreed to pay, even if the child does not attend the program, due to traveling, illness, or any other reason."

Any advice would be appreciated.

Thanks.
Seems very strict but if you signed it you should have known what you were signing & not agreed to it.
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Old 01-16-2010, 09:21 AM
DBug DBug is offline
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That's incredibly strict, and unreasonable in my opinion. I hope this is a contract you are just considering, and haven't actually signed yet.

However, if you've already signed it, you're pretty much stuck. I'd stick it out for the rest of the year (if possible) and make sure I got my money's worth!
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Old 01-16-2010, 02:11 PM
jen jen is offline
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If you haven't signed it, don't. It does sound a bit ridiculous. That said, if you signed it, then you are pretty much stuck with it. People can charge whatever they like for a service; it isn't really a question of legality.
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Old 01-17-2010, 09:57 PM
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Chickenhauler Chickenhauler is offline
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The part that would make that contract null and void is the words "for any reason".

Even if the place is unsafe, or unhealthy for the child? Yeah, let's see that one fly in front of a judge.

A 35 day notice and still have to pay the full years tuition? What's the point of a 35 day notice then?

I bet a good lawyer could cut this contract to ribbons half asleep. Sooooo many inconsistencies and extremes in just this part.
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Old 01-19-2010, 03:19 PM
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Carole's Daycare Carole's Daycare is offline
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If it's in the contract that you signed, it's legal. It is possible a judge might hesitate to enforce the entire amount, depending on circumstances. I require a hefty notice, but sometimes I wish I could charge for, say, an entire summer if I give a summer school ager space and they leave early, as after June 1 it's impossible to fill the space after everyone has found their spot for the season, or similarly for at least the expense of my preschool curriculum for the year, which, once purchased, may or may not be used if another child of same age/level does not take that spot. I had a family of 2 get laid off this October, and spent hundreds on ads and finally replaced them in December, My pay for the family (on a cty assistance program) didnt come til January.
It does seem an extremely strict contract. Perhaps they are concerned with having enough money to cover expenses and stay open in these times of high unemployment. I'm pretty full now, but the vast majority of daycares in my area have considerably less clients than they are used to budgeting on.
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Old 01-19-2010, 05:37 PM
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gbcc gbcc is offline
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It is legal and a some what good policy for the provider. I have thought about doing 6 month agreements. I know times are hard but I am so tired of families getting fired, laid off, going part time so they can go back to school etc. I have high turnover and it makes me look bad when its just the parents can't hold a job. I have also thought about raising my rates above average so that only the families with good jobs can afford me. I know thats not fair as there are good families that are low income but I am so tired of needing to fill spots.
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Old 01-21-2010, 09:11 AM
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Quote:
Originally Posted by gbcc View Post
It is legal and a some what good policy for the provider. I have thought about doing 6 month agreements. I know times are hard but I am so tired of families getting fired, laid off, going part time so they can go back to school etc. I have high turnover and it makes me look bad when its just the parents can't hold a job. I have also thought about raising my rates above average so that only the families with good jobs can afford me. I know thats not fair as there are good families that are low income but I am so tired of needing to fill spots.
I totally understand where you are coming from. I included background checks in mine some years ago since my husband is in LE to prevent conflict of interest, and many, many people who called didn't call back or interview after finding out I was married to a cop. It kept all the folks with criminal records away. Not fair to their kids, but improved my daycare immensely. I lost 3 kids this year due to economy. With the exception of a couple families over the years I've been pretty lucky til this year. I'm stuck with low to middle income regardless though now that our school district changed its bussing policy. They only bus within individual neighborhoods to & from that neighborhood elementary school,so unless I move to a more well-to-do neighborhood I'm vastly limited in prospects.
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