Legal Updates
'Tis The Season: Enrollment Agreement Updates For 2025-26
With the current academic year nearly halfway through, now is the season for independent schools to take one of the crucial steps in planning for next school year – reviewing and updating their enrollment agreements.
The enrollment agreement (sometimes called an enrollment contract or tuition agreement) is the foundational document setting forth the key elements that govern the legal relationship between an independent school and a student’s family. As such, a well-drafted enrollment agreement helps to minimize risks and avoid potential disputes by clearly outlining the parties’ financial and non-financial obligations to one another.
It is important for schools to think carefully each year about what adjustments should be made to their enrollment agreements to incorporate evolving best practices and any changes in the law.
Addressed below are a few of the key issues and provisions that schools should consider as they prepare their enrollment agreements for 2025-26.
General Considerations
The enrollment agreement should be drafted carefully to minimize potential legal risks by clearly outlining the obligations of both the school and the family. The agreement should detail the family’s obligation to pay tuition and fees in a timely manner and should clearly establish the school’s right to enforce the family’s financial obligations in the event of the student’s withdrawal or dismissal before the end of the school year.
An enrollment agreement should also provide the school with flexibility to handle various situations that may arise during the school year. For example, a school should consider including language outlining the school’s behavioral expectations for students, parents, and other individuals associated with the student and the potential consequences of failing to meet those expectations.
Enrollment agreements should be written using plain language that can be readily understood by families. It is critical that the terms of the agreement comply with all applicable federal and state laws, particularly related to the enforceability of the parents’ financial obligations in the event of the student’s early withdrawal.
Other Provisions
While the key provisions of an enrollment agreement concern the family’s financial obligations to the school, there are other important terms that schools should also consider.
For example, if the school offers tuition refund insurance, that should be spelled out in the enrollment agreement, and the parents’ decision to purchase or waive tuition refund insurance should be clearly memorialized.
The enrollment agreement may include various authorizations on the parents’ part, such as for the school to include the student’s image in promotional materials, or for the school to use web-based programs to deliver educational content.
On that topic, schools should carefully consider whether consents for students to participate in athletics and other school activities should be included in the enrollment agreement or in standalone authorization forms. As to particularly risky activities, standalone authorization forms may be more appropriate, particularly if the school wants to include a waiver of liability. (For more information on this subject, see “Should Your School’s Enrollment Agreement Include a General Liability Waiver?”)
In considering what sorts of authorizations to include in an enrollment agreement, a school should also avoid making the agreement too one-sided. Since enrollment agreements are not open to negotiation, including too many school-friendly authorizations could raise a risk that a court will decline to enforce the enrollment agreement under a “contract of adhesion” theory.
Financial Aid
Finally, when updating their enrollment agreements, schools should also review their financial aid materials (e.g., application forms, award letters) to ensure that these templates are in sync with the enrollment agreement and in compliance with best practices and applicable laws. If financial aid awards are determined after enrollment agreements have been signed, a school should consider requiring families to sign an addendum to the enrollment agreement that outlines the family’s updated financial obligations.
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If you have any questions about, or need assistance with, updating your school’s enrollment agreement, please feel free to contact one of the Firm’s education attorneys.
