Help with a Day Care issue

[jnadelman]

My DD has been in our current day care for about 3 years now. Every year we sign a new agreement/contract when we have to register. This past Sept, she started Kindergarten there, and just like every year we signed the contract. The contract indicates that we need to give "30 days written notice" and that if we don't "we would be required to pay out through the end of that period".

The other day we gave notice that her last day would be Friday June 17th, and we asked what we need to pay for June since she will be missing 9 school days of the 22. We assumed the bill would be prorated.

We were told "We don't prorate for Kindergarten". That for Kindergarten, the year is 10 months, from Sept to June and just because we are leaving on the 17th (the day AFTER graduation), we are required to pay the full month.

We disagree. Our contract states 30 day notice. It does not distinguish between the standard care and Kindergarten.

What do you think? Problem is if we don't pay the full month on June 1st, they won't let her in the building. Do we pay it? Do we get a lawyer and then have to fight to get it back? Do we file something before June 1st so we don't pay it in the first place? Or are we wrong, should we just pay it and put this behind us.

FYI - Those 9 days are $425. A bit much to pay for days she won't be there.

 

[taylor3297]

My DD has been in our current day care for about 3 years now. Every year we sign a new agreement/contract when we have to register. This past Sept, she started Kindergarten there, and just like every year we signed the contract. The contract indicates that we need to give "30 days written notice" and that if we don't "we would be required to pay out through the end of that period".

The other day we gave notice that her last day would be Friday June 17th, and we asked what we need to pay for June since she will be missing 9 school days of the 22. We assumed the bill would be prorated.

We were told "We don't prorate for Kindergarten". That for Kindergarten, the year is 10 months, from Sept to June and just because we are leaving on the 17th (the day AFTER graduation), we are required to pay the full month.

We disagree. Our contract states 30 day notice. It does not distinguish between the standard care and Kindergarten.

What do you think? Problem is if we don't pay the full month on June 1st, they won't let her in the building. Do we pay it? Do we get a lawyer and then have to fight to get it back? Do we file something before June 1st so we don't pay it in the first place? Or are we wrong, should we just pay it and put this behind us.

FYI - Those 9 days are $425. A bit much to pay for days she won't be there.

I would ask again where it is stated that Kindergarten has seperate policies. If Kindergarten is supposed to go until the end of June, then why do they hold graduation in the middle of the month?

My dd was in Transitional Kindergarten at a daycare/preschool. This school also had a 30 day policy for all classes. Once the kids graduated and you decided you didnt want to keep them in school for the rest of the month, as long as you gave the 30 days noticed the tuition was adjusted.

 

[Pakey]

If you can't get them to agree to reduce it; I'd pay it and then file a small claims case against them. You don't need a lawyer for that.

 

[undertheradar]

Seriously, lawyering up? Most partial year programs are a set fee for the entire program. Do you get vacation credits that you can use against the tuition bill? How much deposit does the day care have from you? I would request that they review the info that you provided here and reconsider the charge. All they can do is tell you no.

 

[Allison]

Pay it and move on. Getting a lawer is so not necessary.

 

[jnadelman]

Seriously, lawyering up? Most partial year programs are a set fee for the entire program. Do you get vacation credits that you can use against the tuition bill? How much deposit does the day care have from you? I would request that they review the info that you provided here and reconsider the charge. All they can do is tell you no.

They have no deposit from us. We don't get any discount or credit for vacation. You pay the full month. They even close between Christmas and New Year's and we pay the full month of December.
But this is different to me. This is the end of school. And some people are staying through the summer, so not everyone is leaving then. I see it as I have to give 30 days notice, I did. I shouldn't have to pay more than that.

 

[lovetoscrap]

I would take your signed contract in to them and as them to show you where that is in what you signed. (make sure you read it thoroughly first to be sure that you didn't miss that part ) Assuming they can't show you that, be sure to show them where it says 30 day notice and tell them you will be following the contract they provided to you. I think when they realize you know exactly what is in the contract, and that there is nothing they can show to change that they should back down. A friendly reminder that you can always call a lawyer to review the contract or file in small claims court to get the money back, plus court fees etc. . . may also help.

The People's Court would totally give you the win! It is up to them to make the contract clear and write in the distinction between regular care and Kindergarten. If they didn't then it is their loss.

 

[addicted_to_WDW]

I'd just pay it. If you pulled your kid out for 2 weeks in some month to take a trip you wouldn't get to prorate the tuition and tuition in my experience has been per year or per month, not per day.

 

[jnadelman]

I'd just pay it. If you pulled your kid out for 2 weeks in some month to take a trip you wouldn't get to prorate the tuition and tuition in my experience has been per year or per month, not per day.

But if the tuition was meant to be "by month", wouldn't the contract say that? Why would it say 30 days?
So you are saying that if her last day was June 1st, you would expect me to pay the entire month of June just for that 1 day?

 

[undertheradar]

They have no deposit from us. We don't get any discount or credit for vacation. You pay the full month. They even close between Christmas and New Year's and we pay the full month of December.
But this is different to me. This is the end of school. And some people are staying through the summer, so not everyone is leaving then. I see it as I have to give 30 days notice, I did. I shouldn't have to pay more than that.

This looks as if you signed on for a 10 month program. I'd pay the bill, send her for the other 9 days and the problem would be solved.

 

[undertheradar]

But if the tuition was meant to be "by month", wouldn't the contract say that? Why would it say 30 days?
So you are saying that if her last day was June 1st, you would expect me to pay the entire month of June just for that 1 day?

No, if it is by the month, May 31 would be the last day, June 1 would start the new month.

 

[gracie1]

I agree with the other poster, take your signed contract in there. I would not pay them, $425 is a not a little amount!!
And if that doesn't work I would go to small claims court as well, but I would not pay for an attorney because that is just ridiculous. You would be paying out more in attorney fees than what you were trying to get back!

 

[tlbwriter]

We were told "We don't prorate for Kindergarten".

I assume that means they do prorate for children younger than kindergarten age? If so, ask them to show you, on the contract you signed, where it says kindergarten is under a different policy.

 

[addicted_to_WDW]

But if the tuition was meant to be "by month", wouldn't the contract say that? Why would it say 30 days?
So you are saying that if her last day was June 1st, you would expect me to pay the entire month of June just for that 1 day?

If her last day was supposed to be June 1, I'd pull her out May 31 to avoid paying for June, but otherwise I'd expect to pay for the final month of school if she attended for a portion of the month.

 

[jnadelman]

I assume that means they do prorate for children younger than kindergarten age? If so, ask them to show you, on the contract you signed, where it says kindergarten is under a different policy.

Yes, they prorate for everything else. And they prorated for us when we started this year. Our DD goes to camp over the summer so we don't pay for July or August. This past year we sent her there for 2 days at the end of August and we got a prorated bill for those 2 days.

There is no different or special contract of Kindergarten. There are certain specifics for Kindergarten in the general contract and they are spelled out as such. Yet it says nothing different about the 30 day notice or full months.

We think we are 100% in the right, but the owner won't budge and tells us we have to pay.

 

[tlbwriter]

Yes, they prorate for everything else. And they prorated for us when we started this year. Our DD goes to camp over the summer so we don't pay for July or August. This past year we sent her there for 2 days at the end of August and we got a prorated bill for those 2 days.

Did you point that out? "We were prorated in August so obviously you DO prorate for kindergarten. Therefore, we expect you to uphold the terms of our contract, and we'll pay you X for the days she'll be attending in June."

 

[npmommie]

Yes, they prorate for everything else. And they prorated for us when we started this year. Our DD goes to camp over the summer so we don't pay for July or August. This past year we sent her there for 2 days at the end of August and we got a prorated bill for those 2 days.

There is no different or special contract of Kindergarten. There are certain specifics for Kindergarten in the general contract and they are spelled out as such. Yet it says nothing different about the 30 day notice or full months.

We think we are 100% in the right, but the owner won't budge and tells us we have to pay.

Sounds to me as if you are in the right as well,
Inform the owner you will be bringing the matter to small claims court to recoup the money.

 

[cluvsdisney]

Do they consider the charges for kindergarden tuition? Can your DC still go there through the end of June? If the program ends in mid June, I would think that is reflected in the price even if there are equal monthly payments to make budgeting for the center & the parents easier. But of it's still considered day care, I see your point and based on history (prorated days in August) they should honor the agreement.

 

[luvmy3]

Do they consider the charges for kindergarden tuition? Can your DC still go there through the end of June? If the program ends in mid June, I would think that is reflected in the price even if there are equal monthly payments to make budgeting for the center & the parents easier. But of it's still considered day care, I see your point and based on history (prorated days in August) they should honor the agreement.

Thats what I would think too. Kindergarten cost X amount of dollars, paid in monthly installmants of X amount of dollars. I wouldn't even assume I'd be getting part of a month pro-rated. As far as what happened in the summer, if it wasn't technically Kindergarten yet then it makes sense that the OP was charged a prorated amount for the summer program.
I know the pre-school my kid's went to does it this way with their Kindergarten. I can't say what whether or not its detailed in a contract since we decided not to enroll, but I know day care would have been pro-rated, Kindergarten was not.

OP, I think if you are taking it literally from the contract you would be right. If $425 is worth it to you then fight it, but wouldn't getting a lawyer end up costing way more than that anyway?

 

[undertheradar]

Yes, they prorate for everything else. And they prorated for us when we started this year. Our DD goes to camp over the summer so we don't pay for July or August. This past year we sent her there for 2 days at the end of August and we got a prorated bill for those 2 days.

There is no different or special contract of Kindergarten. There are certain specifics for Kindergarten in the general contract and they are spelled out as such. Yet it says nothing different about the 30 day notice or full months.

We think we are 100% in the right, but the owner won't budge and tells us we have to pay.

Perhaps they extended you a favor by prorating the 2 days in August? The owner may feel that she already allowed you an exception and isn't willing to do the same this time. I am assuming that your DD will not be returning for before/after school care in the Fall?