H.R. 6039

CLASS Act of 2023

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I

118th CONGRESS

1st Session

H. R. 6039

IN THE HOUSE OF REPRESENTATIVES

October 24, 2023

Ms. Waters (for herself, Mr. Davis of Illinois, Ms. DeLauro, Ms. Garcia of Texas, Ms. Lee of California, Mr. Mfume, Ms. Schakowsky, Mr. Takano, and Ms. Velázquez) introduced the following bill

October 25, 2023

Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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.

1.

Short title

This Act may be cited as the Court Legal Access and Student Support Act of 2023 or the CLASS Act of 2023.

2.

Inapplicability of chapter 1 of title 9, United States Code, to enrollment agreements made between students and certain institutions of higher education

(a)

In General

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.

(b)

Definitions

In this section:

(1)

Enrollment agreement

The term enrollment agreement means 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.

(2)

Institution of higher education

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).

3.

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:

(30)

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.

.

4.

Effective date

This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act.