This article has been updated to reflect 2026 data and recent developments.
Editor's note:
I asked Attorney Sara Goldsmith Schwartz, whose "practice is focused on the critical issues facing school administrators and leadership," to answer my questions and provide some general guidance regarding best practices for enrollment agreements. This article is intended for the information of owners, administrators, and trustees of small to medium-sized private schools. ~ Rob Kennedy
In 2026, the underlying issues discussed here remain important. Private School Review's What to Ask Before Signing an Enrollment Contract emphasizes that enrollment contracts typically establish a family's financial obligations, school policies, and expectations, making careful review important before signing.
The relationship between parents, students, and the school is determined by contract law. Can you tell us what that means?
The relationship between parents, students, and the school is based on a lot of documents, including the student/parent handbook, the code of conduct, the enrollment agreement, and more. The enrollment agreement, however, is the only legal contract, and it memorializes the relationship between the parents, students, and the school, binding the parties to the terms and conditions laid out in the agreement. The agreement assists schools in collecting tuition and fees in cases of non-payment and in assessing late fees in cases of late payment. However, a comprehensive agreement addresses far more than tuition and fees.
Private School Review's Handbooks provide additional context about the relationship between a school's enrollment contract and the policies and procedures contained in its handbook.
This short clip explains why contracts are important legal documents.
How can a professionally written enrollment agreement prevent litigation in the future?
A properly drafted enrollment agreement is a cornerstone of a school’s risk management strategy. For instance, it can help deter parents from bringing claims against the school, as well as help the school prevail on such claims.
An enrollment agreement that conforms with best practices and applicable law will establish behavioral standards and require compliance with handbooks, policies, and codes of conduct. We include a broad parental comportment provision, for instance, as well as a statement about divorce and custody disputes.
The ideal enrollment agreement will exclude provisions and language that should not be included in the agreement and that may expose the school to liability. For example, a school might decide to remove language in the enrollment agreement that serves as an “all-purpose permission slip” because a blanket release may not be as enforceable as carefully tailored trip permission and release forms.
Many schools are embracing electronic enrollment agreements. These have certain advantages, but they require additional legal hoops to help ensure the enforceability of the electronic signature.
That remains an important consideration in 2026. The Federal Trade Commission explains that the federal E-SIGN Act generally gives legal effect to electronic signatures, contracts, and records and also addresses requirements concerning the retention and reproduction of electronic records. Schools should obtain current legal advice about federal and state electronic-signature requirements applicable to their agreements.
Finally, many schools’ tuition plans trigger The Truth in Lending Act (TILA), a federal law that applies to institutions that regularly extend credit in certain scenarios. If schools are not in compliance with TILA, the school could face civil and criminal penalties. An experienced education attorney will prepare an ideal enrollment agreement, analyze electronic signature considerations, and help the school determine if it is covered by TILA and, if so, how to comply with TILA.
As of 2026, TILA continues to be implemented through Regulation Z. The Consumer Financial Protection Bureau maintains the current Regulation Z requirements governing covered consumer credit. Whether a particular private school tuition arrangement is covered depends on the facts and applicable provisions, so schools should obtain legal advice rather than assume that every payment plan is treated the same way.
Private School Review's Understanding Private School Tuition also explains why families need to understand tuition obligations, additional expenses, and the financial terms contained in school contracts.
What informational and training sessions should the school hold in order to explain the terms of its enrollment agreement and the enforcement of those terms? Who should attend those sessions?
Administrators who are responsible for the implementation of the enrollment agreements at the school (often employees in the Admissions, Business, and Registrar’s Offices), whether they are responsible for distributing, collecting, or maintaining the agreements, should understand all of the provisions.
We offer a webinar for schools about drafting and enforcing enrollment agreements and also provide checklists that schools can use when drafting their agreements. We encourage schools to attend this webinar so that they will learn about key provisions that should be included in the enrollment agreements, common enrollment agreement traps, how to handle online enrollment agreements, enforcement strategies, and more.
In 2026, schools using electronic agreements should also ensure that administrators understand the electronic processes surrounding consent, records, and signatures. The Federal Trade Commission notes that E-SIGN was designed both to facilitate electronic contracting and to preserve consumer protections associated with information that must legally be provided in writing.
This brief video outlines how corporate governance works.
Should enrollment agreements ever be updated?
We advise clients to review enrollment agreements every few years after an initial comprehensive update of the enrollment agreement. There may be a few changes to consider each year, based on newly evolved best practices, but these changes are not necessarily substantial.
That advice remains relevant in 2026. Federal rules affecting consumer credit and electronic transactions can change, while state contract, consumer protection, privacy, and education requirements can also affect individual schools. For example, the Consumer Financial Protection Bureau lists Regulation Z as most recently amended on April 8, 2026. Schools should therefore have qualified counsel periodically review enrollment agreements rather than assuming that a document drafted several years ago remains fully current.
Private School Review's What If They Won't Have Your Child Back? illustrates another reason contract language matters: private school enrollment agreements commonly address the respective rights and obligations of families and schools, including circumstances involving non-renewal.
