Breach of contract in private schools: An analysis of legal cases

Legal actions alleging breach of contract in private schools were largely nonexistent prior to 1980. Since Constitutional arguments cannot be advanced to protect the rights of those in private schools, breach of contract arguments must provide the basis for most cases alleging wrongful student or teacher discipline and/or dismissal.; This research represents a study of breach of contract cases in private schools. Specifically, the study addresses: the history of private contract law in the United States, differences between public and private school breach of contract cases, legal issues contained in private school breach of contract cases, legal reasoning behind court decisions alleging breach of contract in private schools, and recommendations.; Four main legal issues appear to be present in breach of contract cases brought by parents and students against private schools: (1) tuition issues, including actions for payment and refund, (2) handbook violations, (3) discipline and dismissal cases, and (4) educational malpractice.; The vast majority of cases brought by teachers and other employees against private schools deal with non-renewal of contract and termination of employment.; Case law indicates that courts will hold private schools to standards of fairness, even though Constitutional protections do not apply. Analysis of the cases identified and studied in this research effort should aid private school administrators in the development and implementation of legally sound policies and procedures.