Last updated December 16, 2024
Legal actions against private schools involve pursuing specific legal claims when individuals believe they have been wronged by these institutions. While private schools are not subject to the same constitutional standards as public schools regarding certain rights, they remain accountable under other legal principles. Individuals may seek recourse through legal actions such as breach of contract, fraud, and negligence claims, each addressing different aspects of potential wrongdoing by private educational institutions.
Breach of Contract Claims:
Entering into a private school typically involves signing an admissions agreement or contract, which outlines the expectations and obligations of both the student and the institution. This contract can encompass various documents, such as admissions agreements, student handbooks, and even statements made in promotional materials or on the school’s website. If the school fails to deliver on its contractual promises—such as providing a specific educational program, facilities, or services—students or their guardians may have grounds to file a breach of contract claim. The legal premise here is that the student-school relationship in private education is fundamentally contractual, and failure to meet these obligations can result in legal accountability.
Fraud:
Fraud or negligent misrepresentation involves situations where a school makes false or misleading claims that influence a student’s decision to enroll. This could include promises about available courses, extracurricular activities, facilities, or career opportunities that are either exaggerated or entirely untrue. If individuals rely on these false representations when making their decision to enroll and later discover the truth, they may have a valid claim for fraud. This legal action emphasizes the importance of truthful and transparent communication from schools, holding them accountable for any deceptive practices that mislead students and their families.
Negligence:
Negligence claims against private schools arise when the institution fails to meet a duty of care owed to its students. This duty can encompass providing a safe learning environment, adhering to established policies and procedures, and ensuring that educational services meet certain standards. If a school breaches this duty, resulting in harm to a student—whether physical, emotional, or educational—a negligence claim may be pursued. Unlike typical personal injury cases, educational negligence often involves complex legal considerations specific to the education sector, making it essential to work with an attorney experienced in education law to navigate these claims effectively.
Other Considerations:
Lawsuits can be expensive, and clients should be aware that they may not recover attorney fees. As a more cost-effective alternative, initiating a pre-suit demand packet can help resolve disputes with the school before resorting to litigation. This approach involves formally requesting the school to address grievances, potentially leading to an amicable resolution without the need for a court case.
Legal Support:
Richard Asselta, founder of Asselta Law, PA, specializes in education and school law. With experience as an attorney for a large public school district, Mr. Asselta provides valuable insights into legal issues within education settings. For those considering legal action against a private educational institution, consulting with a knowledgeable education lawyer is essential. Contact us today or call 855-338-5299 at Asselta Law for a free consultation to explore your legal options.