Florida Students Shut Out of Refunds in Landmark Case: What Does This Mean for You?

EducationLawyers.com weighs in on Heine v. Florida Atlantic University

Florida students dealt a blow in the fight for pandemic tuition refunds. On April 26, 2023, the Florida Court of Appeal dismissed a lawsuit against Florida Atlantic University (FAU) brought by students Amanda Heine and Jhayla Stready. This case, representing countless others nationwide, argued that FAU breached its contract by transitioning to remote learning while keeping full tuition intact.

The Problem: Broken Promises and Empty Campuses

Heine and Stready, like many students across the country, felt shortchanged. When universities shut down campuses and shifted online due to COVID-19, students lost access to promised in-person services and facilities. Yet, tuition bills remained unchanged. This disconnect fueled lawsuits demanding refunds for services not received.

The Courtroom: Sovereign Immunity Trumps Student Claims

The judge's decision hinged on two crucial legal concepts:

• Sovereign Immunity: This shield protects state entities like FAU from lawsuits unless they waive it. Unfortunately, Florida law didn't waive immunity for refund claims.

• Contractual Obligations: To prove a breach of contract, students needed a clear, written agreement guaranteeing specific on-campus services. Documents like the university's "Statement of Responsibility" fell short of this standard.

The Outcome: A Precedent for Future Battles

While acknowledging student concerns, the court ruled against Heine and Stready. This sets a tough precedent for similar lawsuits in Florida. Without an explicit, written contract waiving sovereign immunity, securing refunds becomes an uphill battle.

What This Means for You:

Feeling cheated by your university during the pandemic? This case highlights the challenges students face in seeking refunds. However, it doesn't mean you're powerless. Here's what you can do:

• Review your enrollment agreement and university policies carefully. Look for any mention of specific services tied to tuition fees.

• Gather evidence of disruptions and changes to promised services. Document what you lost due to remote learning.

• Seek legal counsel. An experienced education lawyer can assess your situation and advise on potential options.

The Fight Continues:

While this case may seem discouraging, the court's decision to certify a "question of great public importance" to the Florida Supreme Court offers a glimmer of hope. This opens the door for a broader legal battle that could impact student rights nationwide.

EducationLawyers.com is here to help. We understand the financial strain students face and are committed to fighting for their rights. If you believe your university hasn't held up its end of the bargain, contact us. Remember, you don't have to navigate this alone.

Together, we can ensure universities are held accountable for their actions.