IN THE SENATE OF THE UNITED STATES
November 18, 2021
Mr. Durbin (for himself, Mr. Whitehouse, Ms. Warren, Mr. Brown, Mr. Blumenthal, Ms. Hirono, Mr. Markey, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
To provide that chapter 1 of title 9 of the United States Code, relating to the enforcement of arbitration agreements, shall not apply to enrollment agreements made between students and certain institutions of higher education, and to prohibit limitations on the ability of students to pursue claims against certain institutions of higher education.
This Act may be cited as the
Court Legal Access and Student Support Act of 2021 or the
CLASS Act of 2021.
Inapplicability of chapter 1 of title 9, United States Code, to enrollment agreements made between students and certain institutions of higher education
Chapter 1 of title 9 of the United States Code (relating to the enforcement of arbitration agreements) shall not apply to an enrollment agreement made between a student and an institution of higher education.
In this section, the term
institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Prohibition on limitations on ability of students to pursue claims against certain institutions of higher education
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the end the following:
The institution will not require any student to agree to, and will not enforce, any limitation or restriction (including a limitation or restriction on any available choice of applicable law, a jury trial, or venue) on the ability of a student to pursue a claim, individually or with others, against an institution in court.
This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.