school-law
USA Private School Law. Could disrespect of State regulation be constructed as a breach of an enrollment contract?
<p>I am trying to understand the main, basic tenets of USA public vs. private school law. (See <a href="https://law.stackexchange.com/questions/91235/usa-private-school-law-how-is-contract-law-relevant">my previous question</a> of a series).</p>
<p>In the case of a private school, I understand that  the relationship between a student (/family) and a private school is framed by an enrollment contract.</p>
<p>I have been explained that quite often private schools are regulated (and regulations vary extremely widely in the USA). I did check the <a href="https://www2.ed.gov/about/inits/ed/non-public-education/regulation-map/pennsylvania.html" rel="nofollow noreferrer">Pennsylvania case</a>, and I see a number of regulations about teacher certification, curriculum, length of school year and days, and so on.</p>
<p>My question is, could those regulations  be somehow constructed as clauses of the contract between the family and the school? To say in a different way, if a school does not respect a regulation toward a student, could that be constructed as a breach of the contract?</p>

<p>If it is not actually in the contract, it cannot be considered to be a breach of contract.</p>
<p>There are two kind of private schools: approved, and non-approved. An approved private school is subject, in Washington State, to <a href="https://app.leg.wa.gov/RCW/default.aspx?cite=28A.195&amp;full=true" rel="nofollow noreferrer">Chapter RCW 28a.195</a>. The state board of education can take action against an approved private school which does not conform to the applicable regulations. This does not create a private cause of action, so you cannot sue the school for violating the regulation, instead you <a href="https://app.leg.wa.gov/wac/default.aspx?cite=180-90-170" rel="nofollow noreferrer">complain to the BoE</a>, who may take action, and if the issue is not corrected, the approval may be withdrawn. The advantage of being an approved school is that this satisfies the <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=28a.225&amp;full=true" rel="nofollow noreferrer">compulsory education statute</a>, unlike your local Sunday school, nursery school, or any other kind of things calling itself a school. This does not preclude the possibility that a contract with a private school will include some clause to the effect that the school promises to comply with BoE regulations. <a href="https://defendinged.org/resources/private-school-rights/" rel="nofollow noreferrer">This page</a> provides a collection of possibly real enrollment contracts – my cursory reading did not locate any promise to adhere to state regulations</p>
<p>There is a separate question herein, that it may be <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9.04" rel="nofollow noreferrer">deceptive advertising</a> to imply that you are an approved school when you are not approved.</p>

<h2>No</h2>
<p>Unless the breach of the law is <em>also</em> a breach of contract. This is the general position under contract law and is not specific to private schools.</p>
<p>So, for example, if the school does not pay the taxes it is required to pay then, unless and until it causes them to fail to perform their obligations under the contract, it is not a breach. It is also not a breach of contract if their actions cause you to be in breach of the law, although, here you may have remedies outside contract law.</p>
<p>Of course, a contract can make compliance with the law a contractural obligation and such clauses are common in B2B and G2B contracts. For <a href="https://www.finance.gov.au/government/procurement/clausebank/compliance-laws" rel="nofollow noreferrer">example</a>.</p>
