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07.15.08, 04:52 AM New York City
23 replies
Anyone else give up spot at private for a G&T? After many years at a private they want the full tuition even though they can fill the spot? Before you say a contract is a contract, there is also fairness in business. We couldn't have told them earlier since the DOE moved so slow and we aren't moving to another private. Personally, just think in this sort of business it would be nice to treat people decently. They filled the spot and we lost our deposit and offered a second check as a donation. Think there is something wrong with an institution with no heart. Any thoughts? [ Reply | Watch | Flag ]
New York City 07.15.08, 04:52 AM Flag
 

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i don't think they can require you to pay the full tuition if they filled the spot. [ Reply | More
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General Topics 07.15.08, 05:21 AM Flag
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ITA. This happened to us, though we went to another private. We refused to pay and the school took us to court. We prevailed, based on the fact that they were not financially hurt (they filled the spot). The school appealed (!) and we prevailed again. Personally, I wonder how the schools use all this bonus money they are extracting from parents in this situation -- does it go into the main budget (and is it a line-item every year?)? Does it keep tuition lower for existing families? (no) Does it go into a slush fund? Probably. Does it go into the financial aid pot? Doubtful. It's despicable, really. [ Reply | More
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General Topics 07.15.08, 05:24 AM Flag
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do you have a citation for your case? The op could then send the case to her school to make her case that they should drop it. [ Reply | More
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General Topics 07.15.08, 05:43 AM Flag
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will you say what school? [ Reply | More
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General Topics 07.15.08, 06:50 AM Flag
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If your still on. I would so appreciate knowing when this happened if you can't tell the school. To the other poster.....I understand it is a contract but we had circumstances that we needed to go public if we could. After all our years and the efforts for the school (and we paid full boat) I thought they would have some consideration. We had consideration towards them. [ Reply | More
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General Topics 07.15.08, 10:28 AM Flag
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OR with the lawsuit: I really don't feel comfortable giving the school/case information on here. However, a lawyer who specializes in this should be able to write a pretty convincing letter, siting the specific laws. Sorry, it was a few years ago -- I can't remember the phrase our lawyer used. Maybe a lawyer on here will know: it's the fact that the tuition is NOT mitigating damages the school has suffered, it's punitive toward the parents, as withdrawing before the school year starts means they can (and did) fill the spot with another tuition-paying child. [ Reply | More
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General Topics 07.16.08, 04:59 AM Flag
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^^^also, have a look at your school's 990. When a school brings in $10 million over program costs in a particular year it seems ludicrous to fork over $30K. [ Reply | More
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General Topics 07.16.08, 05:08 AM Flag
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My thought is that we were in the exact same position, read the contract, and understood very clearly that in order to avoid paying the full year's tuition, that we were going to have to withdraw, before hearing back for sure on G&T placement. So my thought is that I'd be pissed off if I found out the private school was letting other parents not honor the contracts. [ Reply | More
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General Topics 07.15.08, 06:17 AM Flag
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If they replaced the student...why would you be pissed off. If it didn't hurt you or the school? Wouldn't you want consideration if you had to leave? I am not talking about leaving so late they couldn't fill the spot? [ Reply | More
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General Topics 07.15.08, 10:30 AM Flag
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Because we were left hanging with a lot of uncertainty between when when we had to notify the private (in order to avoid losing full-year tuition), and when we received G&T placement. finding out that others didn't read the contracts (or just disregarded them), and thus didn't deal with that uncertainty for almost 2 months, is annoying. [ Reply | More
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General Topics 07.15.08, 11:03 AM Flag
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i have to say, i side with the schools on this. it's a slippery slope. once you let one person out of their contract with no penalty, someone will want out because their dog died or they were wearing the wrong perfume when they signed it. people will get angry because families whose dc got into a g&t have the right to change their mind at the last minute but no one else does. it's really not the private school's problem, and they shouldn't have to adjust their wait lists to accomodate potential g&t families. that's just my two cents. [ Reply | More
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General Topics 07.15.08, 01:13 PM Flag
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what about a penalty but not full tuition. If a family needs to leave do to a financial situation and they can easily fill their spot why not find a happy medium. Full tuition seems extreme. [ Reply | More
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General Topics 07.15.08, 04:01 PM Flag
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that's what non-refundable deposits are for. [ Reply | More
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General Topics 07.16.08, 04:46 AM Flag
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A contract IS a contract, but legally the school has to mitigate damages. If they fill the spot AND get a deposit and poss first payment from you and full tuition from new student, then they have NO damages. I understand WHY the school expects people to honor their contracts - because if people were not held to that standard, then too many people would find it easy to back out and the school could end up with more spots to fill than it wants to fill with the applicants available at that time. [ Reply | More
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General Topics 07.15.08, 01:31 PM Flag
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But a school is not just getting money from a family--it has spent a lot of time interviewing and testing. They seek to balance a class, making offers to students they want. Filling a place late in the season may place a school at a disadvantage--many desirable students have accepted other schools. [ Reply | More
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General Topics 07.15.08, 04:48 PM Flag
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If they filled the spot then they are covered. It's the cost of doing business. They had no additional incremental expense to fill the spot. They saw both families anyway. I agree with the judge that the school should only collect from the party withdrawing if there are financial damages. Otherwise it's a scam that the private schools have in the marketplace. They have to anticipate this as these are the facts of their city's market, whether they like it or not, just like anyone else selling their "product." [ Reply | More
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General Topics 07.16.08, 12:53 AM Flag
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Because they've anticipated it, that's why they have the contract wording that they do! [ Reply | More
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General Topics 07.16.08, 04:33 AM Flag
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^^^By the way, go read your contract now. I guarantee there's nothing in there outlining what the school is required to provide. The all-in contract is so one-sided it's crazy. Any school could eliminate their entire athletic program or music program or decide to put 30 kids in a class instead of 15 if a teacher quits and still the school is protected and the parents can do nothing. Obviously, this would effect later years' admissions so they won't do it, but in case of budget emergency, the school is completely covered. The parents who sign are not. It's preposterous. [ Reply | More
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General Topics 07.16.08, 04:55 AM Flag
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Waivers are always overturned in contracts when there is no financial injury to the institution. They just know that most people won't pursue it. Each year, I've met people who have been in the OPs situation and prevailed. [ Reply | More
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General Topics 07.16.08, 06:45 AM Flag
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np: how do you answer the article from the NY Times then? [ Reply | More
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General Topics 07.16.08, 07:03 AM Flag
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Poor representation. Or other circumstances that might not have been printed in order to make a better story... Don't believe that everything you read is all that there is. [ Reply | More
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General Topics 07.16.08, 07:40 AM Flag
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And they have the power of fear on their side. They make parents jump through 1 million hoops to get into the school, then once offered a contract, who on earth is going to challenge the contract before signing? No one. So they have the leverage to put another scare tactic into the contract you sign -- that you have to pay for the whole year, which in theory sounds totally fair but in reality is only punitive to a family for deciding to leave. Because god forbid the families have any power whatsoever in this situation. [ Reply | More
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General Topics 07.16.08, 04:52 AM Flag
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I think that when there is such disparity in the relationships -- as there is in the family/private school relationship -- the privates are being bullies here in enforcing this part of the contract. [ Reply | More
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General Topics 07.16.08, 06:54 AM Flag
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