Complaints

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• Initial Complaint

  Date:08/06/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I applied Chestnut Hill Academy (CHA) early this year for my daughter's 2nd grade enrollment, and she was accepted. Our other choice of school accepted ******** in late June. After evaluating ********'s aptitude, our education philosophy and our financial condition, we decided to go to the other school. We notified CHA on July 10th, 2023. The school called me on July 24th, letting me know that either my daughter attends CHA, or we pay full tuition, because I signed a tuition agreement which says parent will pay full tuition if they withdraw after May 31st deadline. After my repeated communication with the school, they lowered the amount and charged me 50% of tuition, amount of more than $15000. However, the charge is shockingly unfair to me and I requested the school to lower to an amount that is reasonable and I can afford. The school rejected my request. I felt being mistreated in a very unfair condition, because: 1. The contract the school got me to sign is misleading. Im an immigrant and English is my 2nd language. Throughout I thought the contract was for me to pay a nonrefundable deposit and secure a position for the next school year. I didn't know deadline information was hidden in text.2. It is way too much to ask a parent to pay full tuition if her child is not attending the school for a single day. There were almost two months before the new school year begins when I notified the school about my decision. The school didnt provide any hard evidence that my daughters withdrawal led to school unable to fill up her spot or costed material loss to school.3. The charge is against **************** law. According to the regulation in ****************, liquidation of damage RCW 62A.2-718: The law says if someone breaks a promise, they might have to pay a fair amount of money as compensation, but it shouldn't be too much or too little. It should be reasonable based on the situation. The amount the school charges me is way above a reasonable amount.

  Business Response

  Date: 08/11/2023

  Since this family elected to withdraw on July 10th, our Director of Admissions and our Head of School have each spoken with this family personally, and we have been in continuous correspondence in order to understand and address the familys concerns.
  
  By way of background, virtually all independent schools follow the same application process.  It begins in September with a designated decision date in March the following year. Those who receive an offer on the decision date are required to enter into an agreement to secure their enrollment before the end of March. If they choose not to enter the agreement, the enrollment is offered to another waiting family.   The agreement is brief and states in the body of the agreement that an enrolling family will remain responsible for tuition if they withdraw after May 31.
  
  This family was offered enrollment and entered the contract on March 23, and upon submitting the contract received an email notification with the full body of the contract indicating that they should keep it for their records. In April, the school followed up with a mailed letter to all families reminding families that they had received their agreement and to reach out with any questions, inviting them to New Parent Orientation on May 3rd. New Parent Orientation is an opportunity for families to have any questions answered, and the family responded to our email indicating interest in attending.  On June 2nd, the family completed additional school registration paperwork for the fall through TADS, one of our family information systems. This family participated in the process and attended the orientation, but at no time did they ask any questions about the enrollment agreement or raise concerns about their ability to understand it.
  
  In June, the family learned their child had secured an alternate placement at another school.  On July 10,the family sent notice of withdrawal.  From our conversations, it was clear the family understood our school was obligated to hold their childs place unless and until we received notice of withdrawal, and that the family chose not to send that notice until their childs place was fully secured at the other school. The family stated that had they not been pulled from the other schools waitlist, theyd fully intended on attending Chestnut Hill Academy.
  
  Because the family missed the withdrawal deadline, they are now complaining that the contract is misleading and even if it isnt, the contract isnt fair or reasonable.  As noted above, the agreement is concise, and this specific provision is clear.  We provided a clear agreement, reminders to review it carefully, and opportunities to have any questions addressed, all before the May 31 deadline.  The family also complains the agreement is in violation of RCW 62A.2-718.  This statute is part of the Uniform Commercial Code and applies to goods and does not apply here.
  
  At no time prior to July 10,which was well past the May 31 deadline, did the family inform our school that they were looking at alternate placements. That is the exact reason our school has a no refund policy after May 31. The school begins planning for the following school year well before the May 31 deadline, but after the May 31 deadline the school has made commitments, it cannot change. In addition, if families look elsewhere and decide they will not attend our school and inform us after the May 31 deadline, the family has potentially taken away a space from other students on our waiting list who really wanted to attend our school.
  
  We have been working with this family in good faith. We have already agreed to make certain adjustments to come to a prompt and mutually agreeable resolution. We have also consistently confirmed that they could have their child attend in the fall. We do hope they will reconsider and select one of these options, however, in fairness to our process, our school, and our other families we are unable to make any other adjustments at this time.
  
  

  Customer Answer

  Date: 08/16/2023

   
  Complaint: 20429380
  
  I am rejecting this response and my lawyer is representing me for all future communication from now.
  
  Sincerely,
  
  *********