school charging for missed music lessons when child was in their care
My child has missed a number of music lessons, despite being present at the school when meant to attend (she forgot). She was not reminded to attend. We have been billed for these lessons, as 24hrs notice was not given. No make up lessons have been offered.
I would argue that she was in their care and at age 9-10 should not be expected to remember on her own to attend, especially since they often rearrange the class schedules.
I am wondering if it is legal for the school to bill for these classes? We have met with the class teacher and used the diary to put notes to please remind her to attend but she misses about half of her lessons.
Hi there. From a legal perspective, you have an agreement or ‘contract’ with the school whereby the school is able to charge for a missed music lesson if less than 24 hours’ notice is given of your child’s absence. From the information you provided, it does not appear that the agreement obliges your daughter’s teacher or another school employee to remind your daughter that she needs to attend the lessons.
This means that, unless the arrangement with the school explicitly requires your daughter’s teacher (or another school employee) to remind your daughter to attend the lessons, then the school has not done anything wrong from a legal perspective. If this is the case, then the school is legally allowed to charge you for the missed music lessons.
From a practical perspective, this may not be an ideal or reasonable outcome. You should consider raising the issue with the school principal who may be able to resolve the matter or take steps to ensure it does not happen again. If your daughter attends a public school, you also have the option of taking the matter up with the Department of Education and Training if you are dissatisfied with the principal’s response. See the ‘Contact Us’ section of www.education.vic.gov.au for more information about lodging a formal complaint.
Suggested way forward
You should consider speaking to the school principal to resolve the matter. If you want comprehensive legal advice, you should consider speaking to a lawyer who will be able to fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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