Congress strips colleges' power to force arbitration, restores student court access
S. 2026 — Court Legal Access and Student Support Act of 2025 · Filed by Richard Durbin (D-IL) · 11 cosponsors · Introduced Jun 11, 2025 · Referred to committee
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What it does
This bill prohibits colleges and universities from forcing students to sign arbitration agreements that would prevent them from suing the school in court. It also bars colleges from imposing other restrictions on students' legal rights, such as limiting their choice of venue, applicable law, or jury trial. Students would retain the right to pursue claims individually or collectively against their institution in a public court.
Why we flagged it
The bill's operative mechanism is straightforward: it strips colleges of the contractual power to force arbitration or limit legal remedies. This is a consumer/student protection measure that restores access to courts, not a regulatory carve-out or subsidy.
What the text implies
- Colleges may respond by raising tuition or enrollment fees to offset increased litigation risk and legal defense costs, potentially shifting the cost burden back to students.
- The one-year effective date creates a transition period during which colleges may attempt to lock students into arbitration agreements before the law takes effect.
The full analysis lists 4 implications of this text.
Who stands to gain
plaintiff's attorneys / law firms specializing in higher-education litigation; students (through restored legal remedies)