This document (Below) serves as a continuation to Part 1 which was published in March.
We would like to reiterate that these are only general guidelines. Each specific case may have additional factors that impact the halacha which are not addressed in these guidelines. As with all monetary issues between two parties, the parties have a right to obtain a ruling from an agreed upon authority that has heard the specific details of their case. These guidelines serve to assist those wishing to mutually settle the matter on their own without having their case adjudicated in a formal din torah.
While the guidelines below represent the halachic rights and obligations of the parties, we must be sensitive to the devastating financial consequences that many people are experiencing during these times. Klal Yisroel has always leaned upon their trait of rachmonus and gemilus chessed to carry us
through our darkest moments, and one is encouraged to see if they have the place in their hearts to go above the letter of the law even when not strictly required to do so. As mentioned in Part 1, if a morah is relying on these funds for their daily expenditures and a parent has the financial ability to continue paying the full tuition, or any amount more than the recommended p’shara, this would be highly commendable and can be paid from ma’aser funds.
• As mentioned in Part 1, if the Morah is receiving unemployment benefits, the p’shara should be reduced. We have been advised that based on the current rules, it appears that many morahs may
receive benefits in excess of the regular tuition amount. If the morah is in fact eligible to receive such benefits, the parents would have no responsibility. Accordingly, if it is likely that the morah has the ability to receive such benefits, the morah is obligated to notify the parents of this, and the parents would then be justified in withholding any payments until this becomes clear . Likewise, if she ends up receiving such benefits, she would have to return any p’shara payments she has already received, as well as a portion of March’s payment
.
• Many playgroup morahs are providing conference calls and other services for their students. If a parent chooses to have their child use these services, they would be obligated to pay the morah for
them. Absent a specific agreement to the price for using these services, they would pay the monetary value of these services4. While it is impossible to make a global assessment of the value of such
services, and each case must be assessed separately, our general recommendation for such playgroups is to increase the p’shara from the 25% to 33% range as suggested in the original guidelines,
to a range of 40% to 50%5 . (This is based on a daily 45-60 min. conference besides the preparation time.) As previously mentioned, the recommendations are based on the assumption that the playgroups will remain closed for the duration of the year; if they open earlier, the amounts will be recalculated.
receive benefits in excess of the regular tuition amount. If the morah is in fact eligible to receive such benefits, the parents would have no responsibility. Accordingly, if it is likely that the morah has the ability to receive such benefits, the morah is obligated to notify the parents of this, and the parents would then be justified in withholding any payments until this becomes clear . Likewise, if she ends up receiving such benefits, she would have to return any p’shara payments she has already received, as well as a portion of March’s payment
.
• Many playgroup morahs are providing conference calls and other services for their students. If a parent chooses to have their child use these services, they would be obligated to pay the morah for
them. Absent a specific agreement to the price for using these services, they would pay the monetary value of these services4. While it is impossible to make a global assessment of the value of such
services, and each case must be assessed separately, our general recommendation for such playgroups is to increase the p’shara from the 25% to 33% range as suggested in the original guidelines,
to a range of 40% to 50%5 . (This is based on a daily 45-60 min. conference besides the preparation time.) As previously mentioned, the recommendations are based on the assumption that the playgroups will remain closed for the duration of the year; if they open earlier, the amounts will be recalculated.
We did not issue guidelines for daycare centers since there are a number of critical distinctions that may reduce (or eliminate) the suggested p’shara. A daycare is structured as a business that provides a service, which has less of a halachic claim for payment when services are not being provided, as opposed to a private morah that is treated as an employee that has greater halachic rights. Also, daycare centers may be continuing to receive government funding in excess of the p’shara amount. Accordingly, we cannot issue any guidance for the general public.
• Even if the parents signed a contract with the playgroup or daycare center that contained language requiring the parents to pay the tuition even in the event of a cancellation, such clauses would not
govern this unique situation6. There is, however, certain language that would possibly apply even to such a situation.
• In any event, If a morah or daycare is not satisfied with the offered p’shara, they may have the right to decline to accept the payment, and then refuse to accept the child back when the playgroup/daycare resumes.
• Our recommended p’shara assumes that if the morah has an assistant, the morah is likewise continuing to pay her the same prorated percentage that the morah is receiving from the parents.
• The recommended p’shara is only for services that the parents are required to pay for on an ongoing basis. The parents are not being suggested to make any payment for optional services that the
parents have the liberty of choosing not to use and pay for at any given time.
• Even if the parents signed a contract with the playgroup or daycare center that contained language requiring the parents to pay the tuition even in the event of a cancellation, such clauses would not
govern this unique situation6. There is, however, certain language that would possibly apply even to such a situation.
• In any event, If a morah or daycare is not satisfied with the offered p’shara, they may have the right to decline to accept the payment, and then refuse to accept the child back when the playgroup/daycare resumes.
• Our recommended p’shara assumes that if the morah has an assistant, the morah is likewise continuing to pay her the same prorated percentage that the morah is receiving from the parents.
• The recommended p’shara is only for services that the parents are required to pay for on an ongoing basis. The parents are not being suggested to make any payment for optional services that the
parents have the liberty of choosing not to use and pay for at any given time.
How about Schools?
ReplyDeleteIf you pay full tuition you can call and ask for refund. If not be happy that they usually shnor for you and dint complain when they dont have to shnor for you for 2 month
DeleteI don't see the haskamah of the Av beis din Badatz of lakewood?
ReplyDeleteSchools are expecting parents to pay full tuition. they may get CARE funding and give a discount
ReplyDeleteWhich school in Lakewood charge full tuition. All schools charge 90% of parents reduced rate of 65%
DeleteThat makes zero sense. Aside for the numbers, each school charges a different amount
DeleteI know they are "expecting" but what does halacha mandate?
ReplyDeleteBuilding maintenance & electricity account for approximately 5% of their budget. Being the parents are never paying The full cost of their child's education why should there be a discount this year.
DeleteI don't even understand the question.
The select fuel among us were able to pay the full tuition prices should possibly be entitled to a discount. But the rest of us who aren't paying our full cost I don't see the reasoning why we should get a discount
Only a select few pay full tuition, that's news to me. Maybe I am naive
DeleteI don't n ow if you are naive but that is the case. How much are you paying?
DeleteIts a hot button issue no one is touching it
ReplyDeleteParents expenses are up too Electric water gas and utilities are up with everyone home. Food costs are up even with the free school lunches, going through papergoods phone lines not to mention that people are out of work or collecting unemployment. Schools are saving on theses expenes so there has to be somewhere to meet in the middle or a discount per expenses that parents have because of no school.
ReplyDeleteAlso why can't rebbeim and teachers also collect unemployment or why aren't the schools using the ppp loans to pay payroll. That's the biggest expense generally. At least pro rate it so that we are only covering the fixed expenses such as mortgage and utilities.
ReplyDeleteNon profits which include Mosdos are generally not eligible for unemployment.
DeleteMost schools are not doing the right thing. They have conference calls of a maximum of an hour or an hour and a half per day, and they are clearly giving over the message that the learning is all voluntary and not too important. Your children will be missing two months of schooling, how many daf Gemoro is that? That will not come back, why do we accept that. Some schools have three and four hours per day, with bechinos and work sheets and accountability. The children are being told that their learning is important, even when circumstances are different. Those schools should be commended!
ReplyDeleteYou put your kids in the wrong school!
DeleteAll my schools are having live conferences for a few hours with tests. Private phone calls with the kids. Tests. Contests assemblies
DeleteSchools are using the PPP to cover your scholarship. Fundraising has completely dried up for now
ReplyDeleteYeshiva of Spring valley is giving the covid grant as credit to parents
ReplyDeleteIt makes no sense. Most teachers wish they can be on unemployment, as they would be getting much more than their regular pay. The schools decided for whatever reason to continue their employment (maybe to be eligible for PPP and other grants, or maybe to continue receiving government funding which may be put on hold if school is out). not saying the schools aren't suffering, but overall, looking at the full picture, they are probably hurting much less than most businesses in town, and should take that into consideration before chasing parents for tuition. we are all in this together. Even if they can justify going after the parents full tuition, I really hope they have a way to justify any indirect loss they are causing to the teachers who can use all the help right now.
ReplyDeleteThe guidlines explain that the possible right to charge for the period of closure applies only to a morah who may be considered an employee of the parent, however a daycare is a business and cannot charge for what they did not provide. Schools and Seminaries are like daycare they can not charge for what they did not provide.
ReplyDelete