Help with a Day Care issue

[abdmom]

I had my kids in day care/private kindergarten for a total of 15 years. Kindergarten is a program, not a "day care" situation. Seems to me, if "kindergarten" stops on June 17, then the total amount charged includes looking after your child until that date. So, if kindergarten costs $10000, then you owe $10000 for Sept whatever to June 17. If it states that kindergarten costs x per month, then you owe "x" each month until your child graduates on June 17. Any child care after June 17 is not part of the kindergarten program.

 

[tlbwriter]

I had my kids in day care/private kindergarten for a total of 15 years. Kindergarten is a program, not a "day care" situation. Seems to me, if "kindergarten" stops on June 17, then the total amount charged includes looking after your child until that date. So, if kindergarten costs $10000, then you owe $10000 for Sept whatever to June 17. If it states that kindergarten costs x per month, then you owe "x" each month until your child graduates on June 17. Any child care after June 17 is not part of the kindergarten program.

But that doesn't take into account that the OP had to pay for two prorated days at the beginning of kindergarten. Based on that, it seems kindergarten isn't being treated as a completely separate program. Also, don't assume the OP's facility runs like yours. My daughter attended pre-K in a daycare, and it didn't work as a separate program with one set fee. You still paid by the week, just like daycare, and you didn't have to pay for the entire month if you left the program before the end of the month.

 

[ccgirl]

I had my kids in day care/private kindergarten for a total of 15 years. Kindergarten is a program, not a "day care" situation. Seems to me, if "kindergarten" stops on June 17, then the total amount charged includes looking after your child until that date. So, if kindergarten costs $10000, then you owe $10000 for Sept whatever to June 17. If it states that kindergarten costs x per month, then you owe "x" each month until your child graduates on June 17. Any child care after June 17 is not part of the kindergarten program.

This.

But that doesn't take into account that the OP had to pay for two prorated days at the beginning of kindergarten. Based on that, it seems kindergarten isn't being treated as a completely separate program. Also, don't assume the OP's facility runs like yours. My daughter attended pre-K in a daycare, and it didn't work as a separate program with one set fee. You still paid by the week, just like daycare, and you didn't have to pay for the entire month if you left the program before the end of the month.

I bet she paid for two days of "daycare" and not "kindergarten".

 

[luvmy3]

But that doesn't take into account that the OP had to pay for two prorated days at the beginning of kindergarten. Based on that, it seems kindergarten isn't being treated as a completely separate program. Also, don't assume the OP's facility runs like yours. My daughter attended pre-K in a daycare, and it didn't work as a separate program with one set fee. You still paid by the week, just like daycare, and you didn't have to pay for the entire month if you left the program before the end of the month.

But was it the beginning of Kindergarten, or were the days considered to be in their summer term? That would make a difference (if the school ran like the pp mentioned).
I only ask because our school year starts after Labor Day so any days in August would still be summer.

 

[Poohforyou]

My DD went to kindergarten at her daycare and for that program they followed the same schedule as the local public school rather than the year round one for the younger kids.

Personally I think kindergarten is different than the other day care classrooms since it follows a curriculum set up by a early education specialist or certified teacher.

It's a hard lesson to learn here but I don't think you have much recourse and I certainly don't think it's worth getting a lawyer involved.

 

[jnadelman]

It is a day care that offers kindergarten. They have kids from 6 weeks old all the way through the day before they start 1st grade.
Kindergarten started on the day after Labor Day. Our DD was there the week before. So they prorated that and made us pay for those few days.
Now as far as I am concerned it is ending on June 17th. We don't need their care anymore. Yes, she can stay through June 30th is we want, but we don't want or need to.

Since this is a full day care center, they have 1 contract. If they want to treat Kindergarten different and have people pay the full month, shouldn't the contract say that? It has other clauses specific to Kindergarten, but not this.

 

[jnadelman]

This.


I bet she paid for two days of "daycare" and not "kindergarten".

Yes, it was probably considered 2 days of day care. But given that, if graduation is June 17th, wouldn't the remaining days of June also be "day care" And since I don't need them, and won't be using them, why should I pay for them?

 

[luvmy3]

Yes, it was probably considered 2 days of day care. But given that, if graduation is June 17th, wouldn't the remaining days of June also be "day care" And since I don't need them, and won't be using them, why should I pay for them?

Graduation is just a ceremony, it doesn't have to mean that the program ends that day. Even in our elementary school, the graduation (moving up) ceremonies are before the last day of the school year.

 

[undertheradar]

Yes, it was probably considered 2 days of day care. But given that, if graduation is June 17th, wouldn't the remaining days of June also be "day care" And since I don't need them, and won't be using them, why should I pay for them?

The last sentence is what gets me. If you needed the care, you would have no problem paying it. It so happens that you don't need it therefore you don't feel the obligation to pay it. That is how I read this.

 

[tlbwriter]

The last sentence is what gets me. If you needed the care, you would have no problem paying it. It so happens that you don't need it therefore you don't feel the obligation to pay it. That is how I read this.

And you have a problem with it? Why? Do you normally feel obligated to pay for things you don't need and didn't contractually agree to pay for?

 

[MaryAnnDVC]

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.

This is what I was thinking...basically, two different programs.

If you know a lawyer, I'd run it by him/her. We used a lawyer to get the security deposit back on my mother's apartment at Assisted Living, after she passed away, but we already had him working on her estate. It cost us a bit of money in legal fees for this particular issue, but his interpretation of the contract was VERY different from mine, and he got the money back. We definitely came out ahead, but I was so aggravated and PO'd by these people, I think I would have paid MORE than what I got back, just for the principle of the thing. My point being...if you can get someone knowledgeable to interpret the contract, you can either find out you're wrong and let it go, or find out you're in the right, and pursue it. OR...just let it go either way and move on.

 

[justhat]

I would think that a lawyer would cost more than the $425 you'd get back. I would be really, really PO'd at the situation though. If the K program ends on 6/16, then after that you are into daycare territory, so then there shouldn't be an issue in price. I think I would agree with those who said to highlight the terms of the contract, bring it in, and ask them to show you were the exception is. If they can't, then I would repeat that they should be pro-rating you and if not, then you'll have to take it to small claims.

Of course, the risk you run there is that your child will be there after you hash this out, so they could pass along any resentment to her. They shouldn't, of course, but I am sure that could be a good possibility.

 

[undertheradar]

And you have a problem with it? Why? Do you normally feel obligated to pay for things you don't need and didn't contractually agree to pay for?

Don't see the contract posted here, so can't be sure if contractually obligated or not. If I were contractually obligated I would pay it and move on. I thought it was grasping to have an early impulse to contact a lawyer. Most day cares that my kids went to had a monthly fee for before/after school and kindergarten programs, they did not bill by the week for these programs and they did not prorate and there would be added charges for days that school was not in session(ie snow days). I think it varies with each individual provider.

 

[mamacatnv]

OP I agree with you - the contract may be poorly written by the owner which IMO is her problem not yours. You signed and agreed to one thing and now the owner is trying to change up the rules so that she gets more revenue. Sorry, not part of the contract. If its not part of the contract I wouldn't pay it or I would pursue it in smalls claims court. I would not hire an atty over $425 but I certainly would take it to small claims court.

I sent my kids to K at a private daycare facility - we paid by the week. When K was done, we pulled DD for the summer. We paid for K thru the last day of the week that she attended.

 

[luvmy3]

It is a day care that offers kindergarten. They have kids from 6 weeks old all the way through the day before they start 1st grade.
Kindergarten started on the day after Labor Day. Our DD was there the week before. So they prorated that and made us pay for those few days.
Now as far as I am concerned it is ending on June 17th. We don't need their care anymore. Yes, she can stay through June 30th is we want, but we don't want or need to.
Since this is a full day care center, they have 1 contract. If they want to treat Kindergarten different and have people pay the full month, shouldn't the contract say that? It has other clauses specific to Kindergarten, but not this.

Before I say this, I just want to repeat that I think if you are going to go by the contract, you are in the right.

The bolded really sticks out. Your dd is not in a daycare program any longer, she is in Kindergarten. You may not need or want "their care" anymore, but she isn't in daycare, she's in school. I'm not sure I even understand this mentality, it would be like pulling your child out of a public school early just because you didn't need them to be there the last 2 weeks.
I'm not saying you shouldn't do it, you can do whatever you want. I just don't get the mentality that you enroll your dd in Kindergarten, and then treat it like its still daycare and you can just take her out when you don't need someone to care for your child any longer.

 

[justhat]

Before I say this, I just want to repeat that I think if you are going to go by the contract, you are in the right.

The bolded really sticks out. Your dd is not in a daycare program any longer, she is in Kindergarten. You may not need or want "their care" anymore, but she isn't in daycare, she's in school. I'm not sure I even understand this mentality, it would be like pulling your child out of a public school early just because you didn't need them to be there the last 2 weeks.
I'm not saying you shouldn't do it, you can do whatever you want. I just don't get the mentality that you enroll your dd in Kindergarten, and then treat it like its still daycare and you can just take her out when you don't need someone to care for your child any longer.

But the K program ends the day BEFORE the OP is pulling her kid out. So she isn't taking the kid out of the K program at all. She's completing K, graduating, then doesn't need the "daycare".

 

[luvmy3]

But the K program ends the day BEFORE the OP is pulling her kid out. So she isn't taking the kid out of the K program at all. She's completing K, graduating, then doesn't need the "daycare".

I didn't see where she said her dd was finished with the program. Is the graduation the last day of Kindergarten or does it run till the end of June? I was under the impression that she was pulling her child out before the end of the school year and that is why she wanted to be pro-rated.
If I am wrong, then I apologize to the OP. However if the dd has fully finished the Kindergarten program then I don't believe you are owed any money back. You paid for a school year of Kindergarten and you got it. If your contract mentions anything like "total tuition for Kindergarten is" I don't think you will win a case here. Any lawyer could argue that you agreed to pay for Kindergarten, and you recieved the services you paid for, no matter what the dates on the calender are.

 

[mamacatnv]

But the K program ends the day BEFORE the OP is pulling her kid out. So she isn't taking the kid out of the K program at all. She's completing K, graduating, then doesn't need the "daycare".

Exactly - so from the 17th to the end of June it is no longer Kindergarten it is some sort of summer daycare program.

I would also assume that with the kindergarten fee came "before" and "after" school care. When my kids went to private K, school started at 9 and ended at 3 or thereabouts but like the rest of the daycare kids they had care from
7am until 6pm. Maybe not, I am assuming

I think the owner wants it both ways when it suits her. Contracts don't generally work that way.

 

[ccgirl]

OP - what does the contract state as far as the last day of K? You said you needed care for two days before K started; when does it say it ends? I know you mentioned the graduation but the 8th graduation in my DD school is 2 weeks before the end of the school year. They still go those last two weeks.

As far as before care/after care that was always an extra charge on top of the pre-K/K fee where my DD went.

 

[jnadelman]

The contract says when Kindergarten starts, but does not say when it ends.
I did not agree to pay for "Kindergarten". I did not agree to pay for a full 10 months from Sept to June. I agreed to enroll my child in their program, and pay them by the 1st of the month. I agreed to give them 30 days written notice if I remove my child.

There was a child that was enrolled at the beginning of the year and left after 2 months. I doubt they paid all the way through the end of June.