COVID-19 Triggers Slew of Class Action Lawsuits Over School Fees, Mask and Vaccine Mandates

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Schools COVID-19 Response Class Action Lawsuits Overview:

• Why: Complaints cover school tuition and fee refunds, mask mandates, and vaccine mandates.
• Who: Students, parents, and even teachers continue to lodge class action lawsuits against schools and school districts.
• Where: Class action lawsuits have been filed nationwide.

As the coronavirus pandemic continues, its effects on schools have not gone unnoticed — especially by the courts. Schools, school districts, and top officials across the country are facing class action lawsuits over their various COVID-19 responses. 

Many students are suing to get money back after they paid full tuition and fees for what they thought would be on-campus education, but ended up being extended online learning. 

Several class action lawsuits involve schools’ mask or COVID-19 vaccine mandates, with many arguing against them while others fight to implement mandates. 

University of Pittsburgh Students Fight ‘Absurd’ Dismissal of COVID-19 Tuition Refund Class Action

A group of University of Pittsburgh students have brought a class action lawsuit to the Third Circuit asking for a reversal of a district trial judge’s dismissal of their claims that students are entitled to tuition refunds after failing to receive supposedly promised in-person classes after COVID-19 measures closed campuses. 

The students argue that US District Judge William Stickman IV was wrong to dismiss their claims after basing his ruling on financial responsibility agreements that were made when the students first enrolled. Judge Stickman IV, although noting the school’s website and promotional materials played up the on-campus opportunities, determined that the university did not make promises to provide in-person instruction in return for tuition. 

In their latest move, the students argue that Judge Stickman IV “misread contract law to permit such an absurd result.” They maintain that “the way the District Court read the FRA, the University could just collect monies from the students and then provide nothing whatsoever in return.” 

University of Florida to Face Class Action Over Non-Refunded Fees for COVID-19 Term

University of Florida graduate student Anthony Rojas lodged a class action lawsuit against the state school for failing to refund fees meant to cover campus services after the school temporarily shifted to remote learning due to the coronavirus pandemic.  

The class action lawsuit concerns fees that cover services like campus fitness and recreation centers that were no longer available to students once they left campus and not costs for tuition or room and board. The complaint notes that other state school systems, including Georgia’s, promptly reimbursed students for its unavailable services. 

The University of Florida attempted to claim it was immune to the class action lawsuit, but Alachua County Circuit Judge Monica Brasington disagreed, noting that the school had entered into an express written financial contract with Rojas and its students.  

Judge Brasington, however, dismissed Rojas’ claim of unjust enrichment against the university.  

Rutgers Students Want to Remain Anonymous in Anti-Vaccine Class Action

A handful of Rutgers University students, along with the Children’s Health Defense Inc., are suing the school over its COVID-19 vaccine mandate, arguing that they are being coerced and intimidated into taking the vaccine thus violating their federal law and civil rights. 

While five students are named in the complaint, 13 students have remained anonymous. Rutgers has filed a motion that would require all students to reveal their identities, arguing that their identities and vaccination status are a matter of “public interest” and safety. 

Two students are prepared to appear publicly in an amended complaint, but six students are fighting the school’s request, stating that public knowledge of their identities would result in their “social ostracism and retaliation” by peers, the public, and future career opportunities. Three of these students are prepared to withdraw from the case if they cannot remain anonymous, while four students have already withdrawn from the case for fear of public identification. 

Rutgers argues that the students must prove fear of a severe, reasonable harm, which they supposedly have not done, in order to remain anonymous. 

In response, the students argue that their fear of retaliation is “more than reasonable and justified,” citing instances of anti-vaccination shaming in public media. They also argue that since they are not public figures, their identities are not of public interest.  

Parents Across the Country Take Issue With Mask Mandates

Colleges aren’t the only schools facing COVID lawsuits. 

Parents of students in Nevada’s Clark County School District sued the district, Gov. Steve Sisolak, and state Attorney General Aaron Ford for requiring face coverings on school buses and inside buildings. The plaintiffs say this violates parents and students’ 9th and 14th Amendment rights, which protect rights not specified in the constitution and guarantee equal protections of the laws, respectively. 

Meanwhile, many parents are fighting for stricter protections regarding mask wearing at schools.

Parents of Knox County public school students are suing Tennessee Gov. Bill Lee and Knox County, Tenn. for putting their children at risk by not implementing a mask mandate in schools. Knox County does not have a mask mandate, and an executive order from Gov. Lee overrules any mask mandates. 

In Texas, parents and students filed a class action lawsuit against the Allen Independent School District in Allen, Texas, which has made masks optional for kids in school. This policy puts students’ lives in danger, the complaint says, accusing the district of violating its “duty to assure the right to life of … all students” and the students’ 14th Amendment rights. 

Are you having an issue with your school or school district over COVID-19 policies? Tell us about it in the comments below!

Read About More Class Action Lawsuits & Class Action Settlements:

• NYC Schools Vaccine Mandate Blocked in Appeals Court, Hearing Set for Wednesday
• Texas School District’s Mask-Optional Policy Targeted in Class Action Lawsuit
• Northwestern COVID Tuition Class Action Lawsuit Dumped by Federal Judge
• The Honest Company Lied to Investors About COVID’s Impact, Class Action Lawsuit Alleges