A bill that would provide coronavirus legal liability protections to Florida educational institutions has unanimously passed the Senate Education Committee amid rising concerns about class-action lawsuits seeking tuition reimbursements.
The Senate Proposed Bill 7070 passed the panel on a 10-0 vote on March 31. The proposal, which applies retroactively to the onset of the COVID-19 pandemic, would protect educational institutions from civil lawsuits related to the pandemic, provided they took reasonably necessary measures.
These measures would have been taken to comply with local, state or federal advisories to control the spread of the virus, according to an analysis of the bill prepared by the staff of the Senate Education Committee.
The bill also relaxes regulations affecting a range of public and private educational institutions. The provisions include relaxing K-12 accountability policies dealing with standardized tests and giving parents the authority to hold back their children from promotion to the next grade level.
Public debate, however, continues over the degree of the threat facing universities and colleges from COVID-19 lawsuits. The legislature staff’s analysis paints a dire picture of the problems arising from campuses’ shift from in-person to online instruction last year.
“Like the ripple in a pond after one throws a stone, the legal system is now feeling COVID-19’s havoc with the current wave of class-action lawsuits that seek tuition reimbursement related to forced online tutelage,” the bill analysis states.
But the COVID-19 legislation tracker operated by the law firm Hunton Andrews Kurth LLP indicates that only 22 civil lawsuits dealing with requests for education-related refunds have been filed in Florida. Among these cases is a federal complaint filed against Jacksonville University alleging that the school refused to refund a plaintiff and other students for tuition after most of the campus was shut down during the pandemic.
A statement from Jacksonville University to the Florida Record declined to discuss specifics about pending litigation, but the university defended its actions since pandemic shutdown orders were issued in 2020.
“While the past 12 months have certainly been a time of great change and challenge for us all, our collective efforts helped ensure the successful completion of our spring semester and in-person start to our 2020-2021 school year,” the statement says.
University officials also thanked students, faculty and staff for their flexibility during the public health crisis.
“We have followed the recommendations of public health officials, including the Centers for Disease Control and Prevention, from the outset of this global health emergency, and this guidance continues to shape our approach to doing what we believe is best for the health and safety of our campus community,” the university said in its statement.