Deposit refunds when the school backs out?

We just signed a contract and paid a deposit at my child's school. Because of disabilities, there is concern that the school will not be able to meet my child's needs. Right now it is a wait and see situation, but we're feeling that we may have made a mistake. If the school is unwilling to offer a space, does that mean they are having out of the contract? And in that case, will we be able to get our deposit back? Thank you.

Parent Replies

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IF your child has a disability, then their should be an Individualized Education Plan (IEP) in place that states the supports needed for your child.  that is your contract between you(Your child) and the school.  if the school fails to provide supports necessary, then you are entitled to your money back.  

To correct the previous reply you got:  Private schools are not required to honor IEPs, only public schools are. Private schools can admit children with disabilities if they want to, but they are under no obligation to do that. In my experience having a disabled child, there are few private schools that admit disabled children because of the extra support and attention they often need. But if your school did agree to that, you should be aware that they are not required by law to offer your child any extra services or support beyond what they offer to all children at the school. For example, if your child needed a classroom aide, you would pay for that yourself.

The deposit you gave the school was in exchange for the school reserving a spot for your child. Their budget is based on a certain number of children being enrolled.  They can only offer jobs to teachers if they are certain about their tuition income. So if you change your mind, it would not be fair to expect the school to cover that loss. Perhaps they have a waiting list and would agree to refund some of your deposit if they are able to fill the spot. I would think the sooner you ask, the better your chances are.