Daycare.com Forum Force of Nature Disinfectant

Go Back   Daycare.com Forum > Parents and Guardians Forum

Parents and Guardians Forum Parents and Guardians should post and answer questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 08-07-2020, 11:29 PM
mrjones's Avatar
mrjones mrjones is offline
Daycare.com Member
 
Join Date: Aug 2020
Location: Massachusetts
Posts: 5
Default 2020/2021 Tuition Deposit

Hi All,

I’m trying to get a sense check on if I am being reasonable or not.

We had our child signed up to a Montessori preschool last year and then also for 20/21. The home learning was a bit of a disaster and the Director/owner wouldn’t offer any tuition refunds or rebates on either tuition or after school programs when other parents politely enquired. We were fine with this given we wanted to support the school community but have subsequently learnt that the director furloughed the staff from end-March which left us uneasy since they were not paid as was implied to all parents.

We were told in June that whilst plans were still being made for 20/21, she did no:

A) the price would be increasing.
B) the hours of in person school would reduce from 15 to 12 with one of the days being remote.
C) if there were any closures in 20/21 there would be no refunds and it was an all or nothing approach for the year.

We’ve further learnt that she has obtained a PPP loan in June and so this irritates us even further with respects to 20/21 flexibility around tuition refunds if we end up home for 3-4 months again.

We have decided not to send our child since it looks very different to what we signed up for.

She has to reduce her class size from 28 to 20 students.

Given the schedule of payments we had paid a “non-refundable Tuition deposit” $1,000 and the a further ~$3,500 tuition.

She is refunding the $3,500 but saying that the deposit is non-refundable.

Given that the conditions of the service contract - namely the price, and service/hours being provided have changed are we able to get the $1,000 back?

Thanks!
Reply With Quote
  #2  
Old 08-08-2020, 12:42 AM
Michael's Avatar
Michael Michael is online now
Admin & Owner-Daycare.com
 
Join Date: Aug 2007
Location: Moorpark CA, Ocean Ridge, FL
Posts: 7,607
Default

Welcome to the forum. Did your contract or handbook have a refund policy?

Last edited by Michael; 08-08-2020 at 12:44 AM.
Reply With Quote
  #3  
Old 08-08-2020, 04:40 AM
mrjones's Avatar
mrjones mrjones is offline
Daycare.com Member
 
Join Date: Aug 2020
Location: Massachusetts
Posts: 5
Default

Thanks Michael:

There is no refund section per se but there is the below:

Withdrawal Policy

The $1,000 tuition deposit and $150 enrollment fee are nonrefundable once paid.

Enrolled students for the upcoming September school year may withdraw at any time before the preceding April 1 without being held responsible for future tuition payments specified in the Enrollment Agreement. If a student withdraws between April 2 and August 1 preceding the school year, payments made prior to the withdrawal date are nonrefundable, but families will not be held responsible for future tuition payments specified in the Enrollment Agreement. If a student withdraws on or after August 2 of the school year, payments made prior to the withdrawal date are nonrefundable AND families will be held responsible for future tuition payments as specified in the Enrollment Agreement UNLESS The school is able to fill the vacated spot with a suitable candidate that meets the admissions criteria. Admissions decisions are made at the sole discretion of The school.
.
When withdrawal is due to a medical condition or diagnosed developmental delay, the Director may return, at her discretion, a portion of the tuition paid. If a family unexpectedly relocates to an area 20 miles or further from The school the Director will evaluate the circumstances and may return, at her discretion, a portion of the tuition paid provided The school is able to fill the vacated spot with a suitable candidate that meets admissions criteria. (This is generally easier to do earlier in the calendar year, so please let us know as soon as possible if you will be moving.) Admissions decisions are made at the sole discretion of The school.
“Phase-In” is the term used in Montessori schools to describe the initial orientation phase of each school year.

The phase-in period is one of the most important aspects of the program and sets the stage for a successful year. The September phase-in period is intended to prepare children for the remainder of the school year. It is not intended for use as a short-term program option. If a family has indicated an intent to leave the program (or is aware of a pending relocation out of commuting distance to The school) that will occur prior to October 31 of the school year, the child is not eligible to attend The school. In such cases the terms of the enrollment contract will dictate the obligations of The School and the family.
Reply With Quote
  #4  
Old 08-08-2020, 12:37 PM
Michael's Avatar
Michael Michael is online now
Admin & Owner-Daycare.com
 
Join Date: Aug 2007
Location: Moorpark CA, Ocean Ridge, FL
Posts: 7,607
Default

I believe she is within her contract to keep the $1000. You could always bring it to small claims court but I think the judge will counter that you signed and agreed to the arrangement, and deny relief.
Reply With Quote
  #5  
Old 08-08-2020, 05:11 PM
mrjones's Avatar
mrjones mrjones is offline
Daycare.com Member
 
Join Date: Aug 2020
Location: Massachusetts
Posts: 5
Default

Thanks Michael,

I really appreciate you taking the time to look at this.

I wasn’t sure if I was reading this correctly but my thoughts would of been that if we were simply pulling our kid in a normal year I would completely agree.

I just thought it might be different in this situation given the Director is changing the terms of the original contract:

- price is increasing ($14k vs $11k).
- hours stipulated in contract are changing Mon-Thurs 9-12 rather than Mon-Fri 9-12.
- no services have been provided since it starts in September.

Isn’t this a contract modification/amendment?

We’re not looking to make money out of this but simply to be put back into the position we were in prior to the contract breach (e.g get the deposit back).

There is also the point that the school has to reduce the size of the class from 28 to 20 students. So there are a number of other parents in a similar situation who simply want to be made whole after the Director has changed the terms of the contract without our consent.

This is not my specialist subject and so I’d love to see if you or any others read the situation.

Thanks again!
Reply With Quote
  #6  
Old 08-08-2020, 05:23 PM
mrjones's Avatar
mrjones mrjones is offline
Daycare.com Member
 
Join Date: Aug 2020
Location: Massachusetts
Posts: 5
Default

Thanks Michael,

I really appreciate you taking the time to look at this.

I wasn’t sure if I was reading this correctly but my thoughts would of been that if we were simply pulling our kid in a normal year I would completely agree.

I just thought it might be different in this situation given the Director is changing the terms of the original contract:

- price is increasing ($14k vs $11k).
- hours stipulated in contract are changing Mon-Thurs 9-12 rather than Mon-Fri 9-12.
- no services have been provided since it starts in September.

Isn’t this a contract modification/amendment?

We’re not looking to make money out of this but simply to be put back into the position we were in prior to the contract breach (e.g get the deposit back).

There is also the point that the school has to reduce the size of the class from 28 to 20 students. So there are a number of other parents in a similar situation who simply want to be made whole after the Director has changed the terms of the contract without our consent.

This is not my specialist subject and so I’d love to see if you or any others read the situation.

Thanks again!
Reply With Quote
  #7  
Old 08-09-2020, 07:56 AM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 19,320
Default

Quote:
Originally Posted by mrjones View Post
Thanks Michael,

I really appreciate you taking the time to look at this.

I wasn’t sure if I was reading this correctly but my thoughts would of been that if we were simply pulling our kid in a normal year I would completely agree.

I just thought it might be different in this situation given the Director is changing the terms of the original contract:

- price is increasing ($14k vs $11k).
- hours stipulated in contract are changing Mon-Thurs 9-12 rather than Mon-Fri 9-12.
- no services have been provided since it starts in September.

Isn’t this a contract modification/amendment?

We’re not looking to make money out of this but simply to be put back into the position we were in prior to the contract breach (e.g get the deposit back).

There is also the point that the school has to reduce the size of the class from 28 to 20 students. So there are a number of other parents in a similar situation who simply want to be made whole after the Director has changed the terms of the contract without our consent.

This is not my specialist subject and so I’d love to see if you or any others read the situation.

Thanks again!
So you want to be back in same position you started in but aren’t seeing that it’s not possible for the school to do the same? The school CANNOT go back to 28 students and is forced to reduce class size (reduced income).

This pandemic is financially hard for everyone... I’d say a bit of compromise is warranted... you were able to get a refund for the $3500.

I’d say you’re luckier than a lot of others on BOTH sides of this. So many child care programs have been financially obliterated during this pandemic.

I guarantee in years to come there will be major struggles to find quality care at all.
Reply With Quote
Reply

Tags
deposit, refund policy, tuition policy

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Contract/Policy: 2 week deposit wording MarinaVanessa Daycare Center and Family Home Forum 4 11-04-2015 02:42 PM
Increasing tuition..HB/contracts now or later? Baby Beluga Daycare Center and Family Home Forum 2 10-01-2015 02:10 PM
Considering Changing 2 Week Deposit Policy earlystart Daycare Center and Family Home Forum 6 01-15-2015 03:53 PM
"Final week of care" deposit, but excluded for illness? EchoMom Daycare Center and Family Home Forum 7 08-31-2014 06:14 PM


All times are GMT -7. The time now is 01:12 AM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming