An enrollment contract at a prestigious private school can be a ticket to a top-tier education. But for some local families, tuition agreements have led to years of litigation, and a legal strategy that one parent calls, “disgusting.”
A weeks-long investigation by 25 Investigates has found that Austin Preparatory School, a prominent Catholic school known for its elite academics and its motto of Veritas, Unitas, and Caritas (Truth, Unity, Love), has become a repeated plaintiff in Massachusetts courtrooms.
Over the last decade, the school has filed lawsuits against parents seeking to recoup five-figure tuition fees including cases where parents tell 25 Investigates, they pulled their kids for their emotional wellbeing.
In a statement, Austin Prep wrote, “When extenuating circumstances arise, Austin Prep strives to respond with care and to work with families toward a fair and compassionate resolution.”
The most illuminating example of the school’s legal persistence involves Christina Sanchez and Christopher White. The parents withdrew their daughter from Austin Prep in the summer of 2023 following her freshman year. It was 77 days after the school’s April 30th withdrawal deadline for the full tuition of approximately $30,000. That deadline is included in the contract Christopher White signed. However, Austin Prep sued Sanchez instead of White for the money.
In legal documents, attorneys for the school wrote that the school believed White had recently died. The law firm attached an obituary announcing the death of a Christopher White who was an Austin Prep alumnus.
The White who withdrew his daughter is very much alive.
“I think this is one of those moments where you realize educating the child and running a business, those felt conflicted,” White told Investigative Reporter Ted Daniel.
The obituary the school relied on was for a different man with the same name in California. It makes no mention of surviving children. Despite the error, the legal battle against the family has dragged on for three years.
In court filings, White and Sanchez have stated the decision to move their daughter to different school was based on their daughter’s individual experience at Austin Prep.
“I don’t think any parent would want to send their child and pay an expensive fee to a place where she’s not comfortable and super unhappy,” White said.
Austin Prep states, “the school cannot comment on specifics. However, when Austin Prep made repeated requests of the family to provide details…” about the daughter’s experience, “the family refused to provide detailed information until Austin Prep sought relief from the Court. Austin Prep takes the information recently provided by the family seriously.”
Sanchez shared an email she sent to the school’s Chief Financial Officer on July 18th, 2023, one day after her daughter’s withdrawal became official. That email states that Sanchez was concerned about her daughter’s “mental health” and “happiness” among other concerns.
In another case, a father going through a divorce pleaded by email for a payment with the school writing, “I don’t have that kind of money. I tried to borrow it and failed.”
Court records indicate the school moved forward with the litigation and won a default judgment for $31,000.
Another parent, who spoke on the condition of anonymity, said the only reason his daughter was able to attend Austin Prep is because his fiancé’s parents paid the bill. After he pulled his daughter for what he described as issues related to her wellbeing, he claims the school offered to waive half of the debt if he signed non-disclosure or “secrecy” agreement, that would have prevented him from discussing the litigation with others.
He said he now owes the full tuition and Austin Prep’s legal fees which he describes as half of his yearly salary for his job in property maintenance.
Attorneys Leonard Kesten and Erica Brody, who represent Sanchez and White, argue the school uses tactics not employed by most other private schools in Massachusetts.
“To say that as of April 30th... you have to pay the whole tuition, even though we filled the seat and we have lost absolutely nothing... the fine print is, in our mind, unconscionable,” said Brody.
Dr. James Hickey, Head of Austin Prep, declined an on-camera interview. In a written response to 25 Investigates, the school defended its practices, though it did not specifically address the false obituary filing. Part of it reads:
Austin Prep, like all private schools, relies on a shared commitment between families and the school. Enrollment agreements make it possible to plan responsibly for faculty, programs, and each student’s needs. Without that stability, unexpected withdrawals can impact the school’s ability to serve its community….
When extenuating circumstances arise, Austin Prep strives to respond with care and to work with families toward a fair and compassionate resolution… The School remains steadfast in its commitment to the well-being of every student.
White and Sanchez maintain that the seat their daughter left was filled by another student on the waiting list, which would mean the school suffered no financial loss. For them, the fight is no longer about the $30,000.
Five hours after 25 Investigates sent a list of detailed questions to the school, attorneys for White and Sanchez said Austin Prep reached out to them about reaching a settlement.
“We were looking out for our child, her best interests,” Sanchez said. “To pay $30,000 without the education, to me, did not make any sense.”
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