Following the precautionary measures introduced to combat the spread of COVID-19 and protect the health and safety of students, in-person attendance at schools was temporarily suspended.
This raised an important question among parents of students enrolled in private schools: to what extent were private schools entitled to continue charging full tuition fees during the suspension of physical attendance?
From a legal perspective, the contractual relationship between a private school and a student’s parent or guardian is generally governed by the terms agreed between the parties. These terms are typically set out in the enrolment contract, admission form, or other documentation completed when the student joins the school, including the amount of tuition fees and the agreed payment arrangements.
Accordingly, the Ministry of Education is not itself a party to that contractual relationship. Financial disputes arising between the school and the parent or guardian would therefore ultimately be determined by the competent judicial authority in accordance with the applicable contractual terms and legal principles.
This should not, however, be understood to mean that private schools operate without regulatory oversight.
The Ministry of Education maintains supervisory and evaluation mechanisms covering the performance of private schools and the fees they charge. Such evaluation may take into account a number of factors, including the cost and quality of education, the standard and capacity of school facilities, laboratories and educational resources, extracurricular activities, class sizes, the number and qualifications of teaching staff, supporting personnel, and the school’s overall educational performance.
In light of these considerations, and from both a professional and public-interest perspective, private schools should consider reassessing tuition fees from the date on which physical attendance was suspended, taking into account the nature and level of services actually being provided during that period.
Distance learning continued to provide students with educational services, and the Ministry of Education established mechanisms to monitor remote education programs, school performance, and student achievement.
At the same time, certain operational costs and services were reduced or temporarily suspended. These could include the use of school premises, transportation, sports activities, laboratory facilities, certain support services, and other on-site activities that formed part of the overall educational offering.
The availability of digital learning platforms and remote education solutions also contributed to changing the cost structure associated with delivering education during the suspension period.
In my view, the appropriate approach is therefore not to assume that all tuition fees should automatically be cancelled, nor that the full amount should necessarily remain payable without review.
Rather, private schools should assess whether the fees charged remain proportionate to the services actually delivered during the period of suspended attendance and consider appropriate reductions for services or activities that students were no longer receiving.
This is particularly relevant to transportation fees. Where transportation services were completely suspended, I see no clear basis for charging for a service that was not provided. As a general principle, payment for a service is linked to the performance of that service; where the service ceases, entitlement to the corresponding fee should be reconsidered.
Government support measures provided to the private sector during the pandemic should also be taken into consideration when assessing the overall financial circumstances affecting private educational institutions.
The suspension of physical attendance did not mean that education itself had ceased. Private schools continued to provide teaching through alternative channels and remained subject to educational supervision and performance requirements.
Nevertheless, fairness requires that tuition and related charges reflect, as reasonably as possible, the nature and extent of the services actually delivered during the period of suspension.
Each case should therefore be considered in light of the applicable contractual terms, the services provided, the services suspended, and the relevant legal and regulatory framework.
And Allah knows best.
Legal Consultant
Mohammed Osama Radi, Attorney at Law
