HB 375

Abstract

Postsecondary schools; enrollment agreements; disputes; arbitration. Prohibits any postsecondary school that is required to be certified by the State Council of Higher Education for Virginia from conditioning the enrollment of a student on (i) entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or (ii) entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions.

Postsecondary schools; enrollment agreements; disputes; arbitration. Prohibits any postsecondary school that is required to be certified by the State Council of Higher Education for Virginia from conditioning the enrollment of a student who receives state funds pursuant to this title on (i) entering into an agreement that requires the student to arbitrate any dispute between the student and the school, regardless of whether the agreement permits the student to opt out of the requirement to arbitrate any such dispute in the future; or (ii) entering into an agreement that requires the student to resolve a dispute on an individual basis and waive the right to class or group actions. The bill requires each postsecondary school that does not receive state funds pursuant to this title and requires any student to submit to arbitration to resolve disputes with the school pursuant to the student's enrollment agreement to (a) permit the student to report the dispute to any other individual or entity before the arbitration proceeding is initiated or completed; (b) report each student dispute to the Council before the arbitration proceeding is initiated; (c) report to the Council certain information about each arbitration proceeding that results from a student dispute, including the nature of the dispute, any defense or counterclaim by the school, and the disposition of the dispute; (d) report to the Council annual aggregated data on arbitration proceedings that result from student disputes, including the number, nature, and disposition of such proceedings; and (e) disclose to students, upon enrollment, data on the frequency and nature of arbitration proceedings at the postsecondary school as previously reported to the Council, in a format determined by the Council.

Postsecondary schools; enrollment agreements;disputes; arbitration. Requires each postsecondary school thatrequires any student to submit to arbitration to resolve disputeswith the school pursuant to an enrollment agreement to (i) permitthe student to report the dispute to any other individual or entitybefore the arbitration proceeding is initiated or completed; (ii)report each student dispute to the State Council for Higher Educationin Virginia (the Council) before the arbitration proceeding is initiated;(iii) report to the Council certain information about each arbitrationproceeding that results from a student dispute, including the natureof the dispute, any defense or counterclaim by the school, and thedisposition of the dispute; and (iv) report to the Council annualaggregated data on arbitration proceedings that result from studentdisputes, including the number, nature, and disposition of such proceedings.The bill prohibits any postsecondary school that is required to be certified by the Council from (a) conditioning the enrollment ofa student receiving state funds pursuant to Title 23.1 of the Codeof Virginia on entering into an agreement that requires the studentto arbitrate any dispute between the student and the school or toresolve a dispute on an individual basis and waive the right to classor group actions and (b) requiring any enrolled student to resolvea dispute between the student and the school pursuant to an internaldispute resolution process.