Parents are the primary educators of their children, entrusted by God with their children’s faith, health, academic, and physical growth. When they enroll their sons and daughters in Catholic schools, they enter into a contractual legal relationship with the parish and/or school. Parents designate and choose the school and its employees and volunteers as types of parental surrogates during the school day and other school activities, both academic and non-academic, during the time school is in session and when their children are taking part in learning and other school or parish activities, including extra-curricular ones outside the regularly scheduled school day. Academic and religious activities are, of course, the main reasons for the school to exist.
Procuring an education for their children is a primary legal responsibility of parents. Providing that education, which is a primary responsibility of the school and parish, is appropriate. So, a contract signed by both parties is tangible evidence that the document has been entered into by the parties, each of which agreed to be bound by its provisions.
A legal contract is (1) a signed agreement, (2) between two or more competent parties in which, (3) each party agrees to do or not to do to or to provide something for, (4) consideration--each side receives, and each gives something in return in, (5) a form of agreement that is legal. For example, parents agree to pay tuition and to follow the school and/or parish handbook or other designation of rules. The school and /or parish, in the case of religious education and youth ministry programs and the like, agree to provide academic and faith services and care for the safety and well-being of the student. Strictly speaking, from a legal standpoint, a contract can be oral without signatures; however, legally, it is much safer to have a written contract signed by both parties since such a document provides evidence that both parties agreed to the specific provisions of the contract and promised to uphold them. It is good practice to have the contract signed by both parents when possible so that there can be no doubt that the parties have accepted their joint and individual responsibilities. If someone other than the parent(s) is paying the tuition, one might consider having both the parents and the person agree to pay the tuition, sign the agreement in which each signee agrees that in the case of non-payment by the other signatory or signatories, to be responsible for payment of tuition and fees. Sometimes schools and parishes have one form/contract included in the parent/student handbook, and the parent(s) or guardian(s) are required to detach and sign the form and submit it to the school or parish.
If we do our best to ensure that the rights of all are respected and honored, we should be faithful to both the demands of civil law and, most importantly, the law of God.
If interest or penalties are charged in the case of non-payment or late payment, that should be noted in the contract. There is an old saying, “If you didn’t write it in the document, a person can’t be bound to it.” You cannot be held responsible for something not found in the provisions of a signed agreement, unless common sense or the law provides otherwise. One can see that it is better to include foreseeable situations, such as non-payment of tuition or the possibility of same, in the contract. If there are fees for late payments of tuition and/or other charges, that should be noted in both the contract and the parent/student handbook.
What happens, for example, if the parents withdraw their child before the end of the school year? Is the remaining tuition due? This writer generally advises that, in the event of a student’s withdrawal before the end of the school year, the remaining tuition is payable and due before the release of official school records. The pastor or principal, as appropriate, may reserve the right to refund prepaid tuition or waive payment for the full year if the student withdraws before the end of the year for a situation beyond the parents’ control, such as death, serious illness, or moving out of proximity to the school. The rationale for not refunding tuition paid and for requiring payment for the full year in the event of early withdrawal is that the school has reserved a place for the student, and it can be difficult, sometimes seemingly impossible, to find another student to fill the vacancy, particularly once the school year has begun. As always in our Catholic schools and programs, we should endeavor to act as Jesus would; special, unforeseen occurrences may well be a reason for not requiring payment in full, even though the institution would be within its legal rights to require such payments.
It is always advisable to have an attorney review contracts between the school and another party or parties, such as between parent(s) and school and/or parish, as well as contracts between teachers/other employees and the school and/or parish. Any contracts between the school and/or parish with vendors should also be reviewed by competent attorneys or, at the very least, by the pastor, principal, or financial personnel within the school or parish.
It has been said that a person’s signature is his/her bond. In the case of a dispute, the signature is proof that an individual has agreed to be bound by the provisions of the contract. One should not allow a student to begin attending classes without a contract signed by both parents or all parties who are accepting financial responsibility. If there is a justifiable reason someone cannot sign in person (hospitalization, severe illness, being out of the country), the pastor and/or principal should send and retain a copy of a letter of extension that expires on a specific date. In all cases, common sense and most importantly, the gospel should be the guiding forces for decisions. If there is a person on the staff who is a notary, he or she can notarize the signatures, an act which further strengthens the binding nature of the contract.
Does the school handbook contain all necessary information?
If something is missing, insert what is needed and send out a memorandum of amendment.
Reserve the right to amend the handbook with a statement that parents and guardians agree to be governed by any and all amendments. Include a statement that parents and guardians will be given prompt notice of amendment(s).
Make notes of policies and procedures that you want to reconsider for the next school year.
Be sure legal counsel has signed off on both your contract and handbook.
As Catholic school and/or parish educators, we first should seek to be reasonable and just. Emergencies happen that are beyond the control of parents and guardians. However, we must also safeguard the mission and assets of the school and parish. If we do our best to ensure that the rights of all—the parish and school, parents and guardians, students and employees—are respected and honored, we should be faithful to both the demands of civil law and, most importantly, the law of God.
Sister Mary Angela Shaughnessy, SCN, JD, Ph.D.is a senior distinguished fellow of Catholic education emerita at Loyola Marymount University.angiescn@me.com