II 

118TH CONGRESS 

1ST SESSION S. 3107 

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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 24, 2023 

Mr. DURBIN (for himself, Mr. BLUMENTHAL, Mr. BOOKER, Mr. FETTERMAN, 

Ms. HIRONO, Mr. MARKEY, Mr. REED, Ms. WARREN, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•S 3107 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Court Legal Access 

3 and Student Support Act of 2023’’ or the ‘‘CLASS Act 

4 of 2023’’. 

5 SEC. 2. INAPPLICABILITY OF CHAPTER 1 OF TITLE 9, 

6 UNITED STATES CODE, TO ENROLLMENT 

7 AGREEMENTS MADE BETWEEN STUDENTS 

8 AND CERTAIN INSTITUTIONS OF HIGHER 

9 EDUCATION. 

10 (a) IN GENERAL.—Chapter 1 of title 9 of the United 

11 States Code (relating to the enforcement of arbitration 

12 agreements) shall not apply to an enrollment agreement 

13 made between a student and an institution of higher edu14 cation. 

15 (b) DEFINITIONS.—In this section: 

16 (1) ENROLLMENT AGREEMENT.—The term 

17 ‘‘enrollment agreement’’ means any contract or 

18 agreement between a student and an institution of 

19 higher education under which the student makes a 

20 financial commitment to the institution in exchange 

21 for enrollment in a program of study at the institu22 tion. 

23 (2) INSTITUTION OF HIGHER EDUCATION.—The 

24 term ‘‘institution of higher education’’ has the 

25 meaning given such term in section 102 of the High26 er Education Act of 1965 (20 U.S.C. 1002). 


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•S 3107 IS

1 SEC. 3. PROHIBITION ON LIMITATIONS ON ABILITY OF STU2 DENTS TO PURSUE CLAIMS AGAINST CER3 TAIN INSTITUTIONS OF HIGHER EDUCATION. 

4 Section 487(a) of the Higher Education Act of 1965 

5 (20 U.S.C. 1094(a)) is amended by adding at the end the 

6 following: 

7 ‘‘(30) The institution will not require any stu8 dent to agree to, and will not enforce, any limitation 

9 or restriction (including a limitation or restriction on 

10 any available choice of applicable law, a jury trial, 

11 or venue) on the ability of a student to pursue a 

12 claim, individually or with others, against an institu13 tion in court.’’. 

14 SEC. 4. EFFECTIVE DATE. 

15 This Act and the amendments made by this Act shall 

16 take effect 1 year after the date of enactment of this Act. 

Æ 


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