Public and private universities, including Florida State University campuses, now have protection from lawsuits seeking tuition reimbursements after the switch to online instruction during the COVID-19 pandemic.
Gov. Ron DeSantis signed House Bill 1261 late last month, providing liability protection to higher education institutions as they transitioned from in-person instruction to online classes last year to help prevent the spread of the coronavirus. The law took effect July 1.
The new law grants colleges and universities immunity from civil damages for taking reasonable measures to comply with federal, state and local directives relating to COVID-19. The law deems the shift from in-person learning to on-line or remote classes as reasonably necessary.
Carolyn Egan is FSU’s general counsel.
| Florida State University
“There is an overpowering public necessity for, and no reasonable alternative to, providing educational institutions with liability protections against lawsuits seeking tuition or fee reimbursements or related damages resulting from the institutions changing the delivery of educational services, limiting access to facilities or closing campuses during the COVID-19 public health emergency,” HB 1261 states.
An analysis of HB1261 by the legislature indicates that several public and private universities in the state have been sued for tuition reimbursements in the wake of the Board of Governors of the State University System and other institutions moving to remote instruction in March of 2020.
FSU was hit with a two-count complaint seeking a tuition reimbursement in June, according to Carolyn Egan, FSU’s general counsel.
“Our motion to dismiss (with prejudice) is pending as we are examining the new law,” Egan said in an email to the Florida Record, adding that she did not have further comments about the issue.
The new law also immunizes universities for having closed campus facilities, with the exception of housing and dining locations, during the pandemic, as well as pausing certain student activities.
In lawsuits filed against universities related to last year’s COVID-19 directives, a plaintiff’s burden of proof will require providing evidence against the institution that is clear and convincing, the new law states.