Private School Rights

Resources


Because private schools are considered private actors, they have broad discretion over their mission, vision, and operations.

PRIVATE SCHOOL FAMILIES SHOULD REVIEW THEIR ENROLLMENT CONTRACTS – AS WELL AS ALL OTHER RELATED DOCUMENTS – CLOSELY.

This comes as a surprise to many parents, but it means that families with children enrolled at private schools often have limited rights, which are usually spelled out in the enrollment contract.

Should a school commit to delivering a certain experience (for example, “open and unfettered intellectual discourse”) and not provide that, it may be grounds for a family to assert that a term of the contract has been broken, and to perhaps seek recourse.

Bear in mind that many contracts also spell out a complaint/adjudication process – sometimes through arbitration – so look for those relevant clauses.

IT MATTERS HOW THE SCHOOL IS FUNDED.

If a school receives state or federal funding through programs such as Title II, the National School Lunch Program, or Individuals with Disabilities Education Act (IDEA) grants, the school may be required to uphold certain laws and statutes.