Does a private elementary school have any obligation to renew your enrollment?

Question

My daughter is in the first grade in an excelerated elementary school. She was academically tested before being accepted in kidergarten. The school advised us now that they will not offer her a position in second grade next year. Their justification is that my daughter does not work fast enough in the class. She however, scores high in reading comprehension and math tests. She reads at above grade level.

All private schools in our area have completed enrollement and are full. Admission process starts around January and ends in March.

I think it is very inconsiderate of the school to let us know this late. However, life is not fair and I may not have any recourse but to send my daughter to public school next year.

My question: Do I have any legal rights to make the school give my daughter a place in second grade next year? Are there any suporting laws or cases? (We are in California)

To clarify, my daughter takes tests given by the school almost every week. She scores in the 90%+ in all areas. Her reading is way above grade level by schools own admission. What the school is saying is that she does not finish the exercises and drills given during the class. I do not believe the school has sufficient basis to say 1) that she is not benefiting from the school or 2) that she is getting in the way of others doing so. Is there not an implied obligation on the school's part to continue to give her the opportunity? Is this not similar to wrongfull dismissal? Should I not have a claim against the school if I can prove damages?

Answer 1

Private schools are just that, private. As such, they can have different criteria for enrollment than do the public schools. They can limit the school to all boys or all girls. They can limit it to children of one faith. They can also limit it in regards to academic criteria. That is all legal.

When this school says, "she does not work fast enough in the class" I would take that to mean that she is slow comprehending what is being said and/or done. She may have to ask a lot of questions for clarification and that slows the class down. As with any school, a slower child can slow the teaching and as a result, the faster kids get bored.

You have several ways to handle this problem.

One is that you can ask she be held back a year so she has more time to mature. This would be very reasonable if she is one of the youngest kids in the class. Holding her back would make her one of the oldest kids in the new class but the additional year might help her keep up. You could argue that by them not telling you she was having a problem until it was too late to apply elsewhere, they have put you in a very difficult situation. You could say that your lawyer thinks they could have handled this better but by them agreeing to hold her back, they will show that they are not unreasonable and are willing to work with you. (get the word "lawyer" in there somehow.)

You can put her in public school. Since you yourself said she was in an "excelerated" (sic) school, a school that goes on a more average pace would probably be more her speed. Most of the US presidents went to public schools so they can not be all that bad.

Answer 2

Yes, it was inconsiderate of the school to let you know so late, but since they are a private school, they are NOT obligated to renew enrollment of any student, so, legally, the school has done nothing wrong.

However, don't give up on the other private schools in your area. Admissions continue long after the original process is finished. Call the other schools and ask to have a chat with the admissions officer (if they don't have a full-time admissions person, ask for the principal). Explain your situation to her/him, and ask if your daughter can be considered for a late application.

Public school is not the end of the world, depending on the city you live in. If she does end up at public school, meet often with her teacher, and enroll her in tutoring and enrichment programs to make up for any deficiences in the school.

Answer 3

well if she isn't fast enough try working with her one on one or get a tutor. private schools seem harder try puting her in a public school. i here people do better.