When COVID-19 hit, thousands of college students were forced to switch from attending classes in person to receiving an online education. In the eyes of many, they got shortchanged. Colleges and universities argued that they were permitted to change any part of their mode of course delivery due to circumstances beyond their control. Was the difference significant enough to lead to a legally required prorated tuition refund? The Texas Supreme Court recently wrestled with a class action suit on this issue.

How did the case begin? Luke Hogan, a former Southern Methodist University student, filed suit seeking a refund of tuition and fees for the period of the Spring 2020 semester when SMU offered online classes as part of a government mandate related to COVID guidelines. Hogan filed suit prior to the Texas Legislature enacting the Pandemic Liability Protection Act (PLPA). The PLPA protects schools from individuals seeking damages in the form of monetary compensation for changes from in-person classes to online classes occasioned by the pandemic. Justice Jimmy Blacklock empathetically notes: