Prohibits colleges and universities from requiring students to resolve disputes through arbitration or other private processes as a condition of enrollment, and blocks contract terms that bar students from suing in court, joining with others, having jury trials, or choosing governing law or forum. The rule is added to the Higher Education Act’s institutional requirements and takes effect one year after enactment.
The provisions 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.
Defines "enrollment agreement" as any contract or agreement between a student and an institution of higher education under which the student makes a financial commitment to the institution in exchange for enrollment in a program of study at the institution.
States that the term "institution of higher education" has the meaning given in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
Adds a new paragraph (30) to Section 487(a) of the Higher Education Act of 1965, changing the law text by inserting the new prohibition described below.
The institution will not require any student to agree to, and will not enforce, any limitation or restriction on the ability of a student to pursue a claim, individually or with others, against an institution in court. This includes limitations or restrictions on choice of applicable law, a jury trial, or venue.
Who is affected and how:
Students: Most directly affected. Students will no longer be contractually required to resolve disputes through arbitration; they may bring claims in court, join or initiate class or collective actions, and request jury trials where applicable. This increases students' access to public courts and collective remedies.
Institutions of higher education (public and private colleges and universities): Must remove mandatory arbitration and related restrictive provisions from enrollment agreements and associated policies. Expect legal and administrative costs to review and amend contracts, update intake/enrollment processes, and potentially face more court litigation and class actions instead of arbitration.
Legal system and litigants: Likely to see an increase in student-filed lawsuits and class/collective litigation involving consumer-protection, tuition, financial aid, discrimination, or other student-related claims. This could change settlement dynamics (arbitration often leads to confidential settlements; public litigation can lead to class recoveries and public precedent).
Arbitration and dispute-resolution providers: Reduced use of mandatory arbitration clauses in enrolled-student contexts will likely reduce demand for arbitration services tied to enrollment disputes.
Regulators and federal student-aid oversight: Because the prohibition is added to the Higher Education Act’s institutional obligations, institutions that fail to comply may face HEA-related administrative or compliance consequences (institutions will need to align enrollment contracts with the new statutory requirement).
Overall effect: The legislation expands students’ access to courts and collective remedies while imposing compliance and potential litigation exposure costs on institutions. It prioritizes public adjudication and group claims over private mandatory arbitration for enrollment-related disputes.
Last progress June 11, 2025 (8 months ago)
Introduced on June 11, 2025 by Richard Joseph Durbin
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text: CR S3348)
CLASS Act of 2025
Updated 1 day ago
Last progress June 11, 2025 (8 months ago)