California Private School Tuition Refund Demand Letter

📚 Private School Tuition Disputes

Private school tuition in California can range from $15,000 to over $50,000 per year for K-12 education, and even higher for postsecondary programs. When schools fail to deliver promised services, close unexpectedly, or wrongfully expel students, parents and students have legal rights to demand refunds under California law.

💡 COVID-19 Established Strong Precedent

The pandemic created significant case law supporting tuition refunds when schools fail to provide in-person instruction as promised. Courts have recognized that parents contracted for a specific educational experience, not just content delivery. This precedent strengthens claims even in non-pandemic situations where schools reduce or eliminate promised services.

Who This Guide Covers

🏫 K-12 Private Schools

Independent elementary, middle, and high schools. Subject to Ed Code 48200 et seq. and general contract law.

🎓 Postsecondary Schools

Trade schools, vocational programs, and non-accredited colleges regulated by BPPE under Ed Code 94920.

🎙 Specialized Programs

Music conservatories, art academies, athletic training programs, and specialty educational providers.

📚 Religious Schools

Parochial and faith-based schools. Contract claims apply though some regulatory exemptions may exist.

⚠ Act Quickly - Deadlines Apply

Many enrollment contracts contain short dispute resolution deadlines or arbitration clauses. Send your demand letter within 30 days of the triggering event. The statute of limitations for written contracts is 4 years (CCP 337), but waiting reduces your leverage and evidence availability.

⚖ California Legal Framework

Multiple California statutes protect parents and students in private school enrollment disputes.

📚

Business & Professions Code Section 17200 - UCL

California's Unfair Competition Law prohibits any unlawful, unfair, or fraudulent business practice. Schools that fail to provide contracted services, make false advertising claims, or engage in deceptive enrollment practices violate UCL. Remedies include restitution (full refund) and injunctive relief.

⚖

Education Code Section 94920 - BPPE Pro-Rata Refunds

For schools regulated by the Bureau for Private Postsecondary Education (trade schools, vocational programs), students who withdraw or whose school closes are entitled to pro-rata refunds. Schools must refund tuition for the portion of instruction not received within 45 days.

📖

Education Code Section 48200 et seq. - K-12 Requirements

California's compulsory education laws establish baseline requirements for private schools. While private schools have significant autonomy, they must provide instruction in required subjects. Failure to meet these standards may constitute breach of the enrollment contract.

📖

Civil Code Sections 1689-1693 - Contract Rescission

When a school materially breaches the enrollment contract, parents may rescind the contract and demand full restitution. Rescission is available when the school fails to provide contracted services, misrepresents program characteristics, or engages in fraud.

Key Legal Theories for Refund Claims

📄 Breach of Contract

▼

The enrollment agreement is a binding contract. Schools breach when they fail to provide: (1) promised curriculum or programs, (2) qualified instructors, (3) facilities as described, (4) class sizes as represented, (5) extracurricular activities included in tuition. The catalog, brochures, and website often become part of the contract through incorporation.

🚫 UCL - Services Not Rendered

▼

Under UCL Section 17200, charging for services not rendered is an unfair business practice. When schools collect full tuition but provide reduced services (fewer class hours, cancelled programs, eliminated extracurriculars), parents can demand restitution for the value not received. This claim survives even if the contract technically allows modifications.

💰 Unjust Enrichment

▼

Even without a clear contract breach, schools cannot retain payment for services they did not provide. If the school kept your money but failed to deliver the educational value promised, you may recover under unjust enrichment principles. This is particularly relevant when contracts have ambiguous terms.

🔍 Fraudulent Misrepresentation

▼

If the school made false statements about accreditation, teacher qualifications, college acceptance rates, or program outcomes to induce enrollment, you may have fraud claims. Fraud allows recovery of actual damages plus potentially punitive damages. Document all representations made during the enrollment process.

👍 COVID Refund Cases Support Your Claim

Multiple California courts have ruled that students deserve refunds when schools switch to remote learning or reduce services. Key cases include Salerno v. Florida Southern College (11th Cir. 2023), Gibson v. Lynn University, and numerous California state court settlements. These cases establish that parents contract for a specific educational experience, not mere credential delivery.

📄 Common Dispute Types

Select your situation to understand your specific rights and refund options.

🏗 School Closure Without Pro-Rata Refund

Situation: School closes mid-year due to financial problems, loss of accreditation, or other reasons without refunding unused tuition.

Your Rights: BPPE-regulated schools must provide pro-rata refunds under Ed Code 94920. K-12 schools must refund under breach of contract. You may also file STRF claims for eligible postsecondary schools.

Damages: Pro-rata refund + alternative schooling costs + consequential damages.

📑 Services Not Provided as Promised

Situation: School eliminates programs, reduces class hours, cancels extracurriculars, or fails to provide qualified teachers as promised in enrollment materials.

Your Rights: UCL claims for unfair practices. Breach of contract if services were specified in enrollment agreement. Partial tuition refund proportional to services not rendered.

Damages: Value of services not rendered + potentially full rescission if breach is material.

🚫 Expulsion Without Tuition Refund

Situation: Student expelled mid-year and school refuses any tuition refund, or expulsion was wrongful/procedurally improper.

Your Rights: Review enrollment contract for refund provisions. If expulsion violated school's own procedures, full refund may be owed. Even valid expulsions may require pro-rata refunds.

Damages: Pro-rata refund + damages if wrongful expulsion + emotional distress in egregious cases.

📝 Enrollment Contract Cancellation

Situation: Parent wants to cancel enrollment before school year starts or withdraw mid-year, but school refuses refund citing contract terms.

Your Rights: BPPE schools must provide 7-day cancellation right. Unconscionable contract terms may be unenforceable. Schools cannot retain deposits that amount to penalties rather than reasonable damages.

Damages: Refund of amounts exceeding school's actual damages from cancellation.

💰 Recoverable Damages

California law allows recovery of multiple damage categories in private school tuition disputes.

Damage Category	Description	How to Calculate
Pro-Rata Tuition Refund	Refund for the unused portion of the school term	Total Tuition x (Remaining Days / Total Days)
Fees for Services Not Rendered	Activity fees, lab fees, technology fees for cancelled programs	Full amount of fees for services not provided
Alternative Schooling Costs	Cost to enroll in replacement school exceeding original tuition	New school tuition minus any refund received
Contract Rescission Damages	Full restitution when contract is rescinded due to material breach	100% of all amounts paid to the school
Attorney Fees (If Contract Provides)	Many enrollment contracts have attorney fee provisions	Actual fees incurred; prevailing party recovers

📊 Sample Pro-Rata Refund Calculation

Example: School closure after 5 months of 10-month term

Annual Tuition Paid $35,000

Activity & Technology Fees $3,500

Months Remaining (5 of 10) 50%

Pro-Rata Tuition Refund $17,500

Pro-Rata Fees Refund $1,750

Alternative School Premium (3 months) $4,500

TOTAL DEMAND $23,750

💡 Attorney Fees Can Shift Leverage

If your enrollment contract contains an attorney fee provision, California Civil Code 1717 makes it reciprocal - meaning the prevailing party (winner) recovers attorney fees from the loser. This significantly increases your leverage because the school risks paying your legal fees if they lose. Review your contract for fee-shifting language.

✅ Evidence Checklist

Gather these documents before sending your demand letter.

📄 Contract Documents

✓ Signed enrollment agreement/contract
✓ School catalog incorporated by reference
✓ Parent handbook and policies
✓ Financial agreement and payment terms
✓ Any addendums or modifications

💰 Payment Records

✓ All tuition payment receipts
✓ Bank statements showing payments
✓ Fee schedules and itemization
✓ Financial aid or scholarship documents
✓ Any refund requests and responses

📷 Service Documentation

✓ Marketing materials and brochures
✓ Website screenshots (use Archive.org)
✓ Emails promising specific services
✓ Class schedules - promised vs. actual
✓ Program cancellation notices

📩 Communications

✓ All emails with school administration
✓ Letters regarding closure or changes
✓ Parent meeting notes or recordings
✓ Complaint correspondence
✓ Any settlement discussions

📝 Sample Demand Letter

Customize this template for your specific situation. Send via certified mail with return receipt requested.

Private School Tuition Refund Demand

[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP] [YOUR EMAIL] [YOUR PHONE] [DATE] VIA CERTIFIED MAIL - RETURN RECEIPT REQUESTED Article No. [TRACKING NUMBER] [SCHOOL HEAD/ADMINISTRATOR NAME] [SCHOOL NAME] [SCHOOL ADDRESS] [CITY, STATE ZIP] Re: FORMAL DEMAND FOR TUITION REFUND Student: [STUDENT NAME] Grade/Program: [GRADE LEVEL OR PROGRAM] Enrollment Year: [SCHOOL YEAR] Dear [ADMINISTRATOR NAME]: I am writing to formally demand a refund of tuition and fees paid for my child's enrollment at [SCHOOL NAME] for the [SCHOOL YEAR] academic year. This demand is based on [SCHOOL NAME]'s material breach of the Enrollment Agreement and violations of California Business and Professions Code Section 17200 (Unfair Competition Law). FACTUAL BACKGROUND On [ENROLLMENT DATE], I executed an Enrollment Agreement with [SCHOOL NAME] for my child, [STUDENT NAME], to attend [GRADE/PROGRAM] for the [SCHOOL YEAR] academic year. I paid total tuition and fees of $[TOTAL AMOUNT], consisting of: - Tuition: $[TUITION AMOUNT] - Registration/Activity Fees: $[FEES AMOUNT] - [OTHER FEES]: $[AMOUNT] The Enrollment Agreement, school catalog, and marketing materials represented that [SCHOOL NAME] would provide [DESCRIBE PROMISED SERVICES: specific programs, class sizes, instructors, facilities, extracurricular activities, etc.]. BREACH OF CONTRACT AND SERVICES NOT RENDERED [SCHOOL NAME] has failed to provide the contracted educational services as follows: [DESCRIBE SPECIFIC FAILURES: - School closure date and circumstances, OR - Programs eliminated or reduced, OR - Services not provided as promised, OR - Expulsion circumstances and procedural violations] As a result, my child did not receive approximately [NUMBER] months/[PERCENTAGE]% of the educational services for which I paid. LEGAL BASIS FOR REFUND Under California law, I am entitled to a refund based on: 1. BREACH OF CONTRACT: The Enrollment Agreement, incorporating the school catalog and representations made during enrollment, constitutes a binding contract. [SCHOOL NAME]'s failure to provide the contracted services is a material breach entitling me to damages or rescission. 2. UCL VIOLATION (Bus. & Prof. Code 17200): Collecting full tuition while failing to provide promised services constitutes an unfair business practice. I am entitled to restitution of all amounts paid for services not rendered. 3. PRO-RATA REFUND OBLIGATION: [If BPPE-regulated: Under Education Code Section 94920, the school is required to provide a pro-rata refund for the portion of instruction not received.] DEMAND I hereby demand that [SCHOOL NAME] pay me the sum of $[TOTAL DEMAND] within fourteen (14) days of receipt of this letter, calculated as follows: Pro-Rata Tuition Refund: $[AMOUNT] Unused Fees: $[AMOUNT] [Additional Damages if applicable]: $[AMOUNT] TOTAL: $[AMOUNT] CONSEQUENCES OF NON-COMPLIANCE If I do not receive the demanded refund within fourteen (14) days, I will pursue all available legal remedies without further notice, including: - Filing a complaint with the California Bureau for Private Postsecondary Education (BPPE) - Filing a lawsuit for breach of contract, UCL violations, and unjust enrichment - Seeking recovery of attorney fees pursuant to [cite contract provision if applicable]/California Civil Code Section 1717 - Reporting unfair practices to the California Attorney General's Office This letter constitutes a good faith attempt to resolve this dispute. I reserve all rights and remedies available under California law. Sincerely, _______________________ [YOUR SIGNATURE] [YOUR PRINTED NAME] Enclosures: - Copy of Enrollment Agreement - Payment receipts totaling $[AMOUNT] - [School closure notice / Service reduction notice / Other relevant documents] cc: California Bureau for Private Postsecondary Education (if BPPE-regulated)

❓ Frequently Asked Questions

Common questions about California private school tuition refunds.

Can I get a tuition refund if my child's private school closes mid-year in California? ▼

Yes. Under California law, if a private school closes before completing the academic term, students are entitled to a pro-rata refund of tuition for the unused portion. For BPPE-regulated postsecondary schools, Education Code Section 94920 mandates pro-rata refunds. For K-12 schools, breach of contract and UCL claims can compel refunds. The COVID-19 pandemic established strong precedent for tuition refunds when schools fail to provide promised in-person services.

What is a pro-rata tuition refund and how is it calculated? ▼

A pro-rata refund is calculated based on the portion of instruction or services not yet received. For example, if you paid $30,000 for a full school year but the school closed after 6 months, you would be entitled to approximately $15,000 (the remaining 6 months). The calculation typically uses the formula: Total Tuition x (Remaining Days / Total Days in Term) = Refund Amount. Some schools may retain a small administrative fee, but the bulk must be refunded.

Can I sue a private school for not providing services promised in the enrollment contract? ▼

Yes. If a private school fails to provide educational services described in the enrollment agreement, catalog, or marketing materials, you may have claims for breach of contract, fraud, and violations of California's Unfair Competition Law (UCL) Business & Professions Code Section 17200. Courts have allowed claims where schools eliminated promised programs, reduced class hours, cancelled extracurricular activities, or failed to provide qualified instructors as advertised.

Is my child entitled to a tuition refund after being expelled from a California private school? ▼

It depends on the enrollment contract and circumstances of the expulsion. Many enrollment contracts contain provisions addressing refunds upon expulsion. If the expulsion was wrongful or violated the school's own disciplinary procedures, you may be entitled to a full refund. Even with valid expulsions, some contracts require pro-rata refunds. Review your enrollment agreement carefully and consider whether the school followed proper procedures.

What California laws protect parents in private school enrollment contract disputes? ▼

Several California laws apply: (1) UCL Business & Professions Code 17200 prohibits unfair business practices including deceptive enrollment practices; (2) Education Code 94920 requires pro-rata refunds for BPPE-regulated schools; (3) Education Code 48200 et seq. governs compulsory education and private school requirements; (4) Civil Code 1689-1693 governs contract rescission; (5) Consumer Legal Remedies Act (CLRA) may apply to misrepresentation claims. These laws provide remedies including refunds, damages, and attorney fees.

How long do I have to demand a tuition refund from a California private school? ▼

Statute of limitations varies by claim type: breach of written contract has a 4-year limit (CCP 337); oral contract is 2 years (CCP 339); UCL claims have a 4-year limit (Bus. & Prof. Code 17208); fraud claims have 3 years from discovery (CCP 338(d)). However, enrollment contracts may contain shorter dispute resolution deadlines. Act promptly - send a demand letter within 30 days of the triggering event to preserve all options.

🔗 California Resources

BPPE (Bureau for Private Postsecondary Education): bppe.ca.gov - File complaints against regulated schools
California Attorney General: oag.ca.gov - Consumer complaint portal for unfair practices
California Department of Education: cde.ca.gov - Private school affidavit lookup
Student Tuition Recovery Fund (STRF): For eligible postsecondary school closures
California Courts Self-Help: selfhelp.courts.ca.gov - Small claims forms and procedures