Discover the story behind Lankau v. The New School… a lawsuit highlighting students’ fight for fair tuition during pandemic-era classes.
This wasn’t just about one university and a few frustrated students… It was a mirror reflecting how the pandemic challenged our understanding of fairness, value, and what we really pay for when we go to college, highlighting important Legal Updates in student rights and tuition disputes.
As someone who vividly remembers the early lockdown days… Zoom classes, glitchy Wi-Fi, and the eerie silence of empty campuses… this story struck a personal chord.
Lankau v. The New School isn’t just a lawsuit; it’s a snapshot of a global shift in education and the expectations that came crashing down when “campus life” suddenly turned into “screen life.”
How It All Began
Back in early 2020, when COVID-19 turned the world upside down, The New School a progressive university in New York City known for design, liberal arts, and social research… did what nearly every school did. It shut down in-person classes and moved everything online.
Imagine paying full price for a concert, only to find out it’s being held on your laptop instead of a stage. That’s what many students felt. They had signed up for a hands-on, in-person experience filled with studio time, networking events, and campus energy. What they got was a virtual version… less immersive, less social, and, as they argued, less valuable.
That frustration became the foundation of Lankau v. The New School, a class-action lawsuit filed by students led by Mckayla Lankau. They claimed the university breached its contract by charging for services that were never fully delivered once everything went remote.
Breaking Down the Case
At its core, Lankau v. The New School centers on one big question: What do students actually pay for when they enroll in college?
The plaintiffs argued that by switching to online instruction without adjusting tuition or refunding campus fees, The New School had broken an implied contract… a kind of unwritten promise that students would receive in-person education, access to facilities, and campus experiences. They also alleged unjust enrichment, meaning the university kept money for services it didn’t provide.
The New School, of course, defended its actions, saying the pandemic was an unforeseen emergency and that it continued to provide education, albeit online. And that’s where the legal tug-of-war began.
When the case first hit court, the university tried to dismiss it. But according to Law360, the judge ruled that certain claims… like breach of implied contract… were valid enough to proceed. That was a major turning point. It signaled that courts were willing to explore whether tuition covers a product (the experience) or a process (the instruction).
The Settlement and What It Means for Students
After lengthy proceedings, Lankau v. The New School reached a proposed settlement… one that could benefit thousands of students who were enrolled during the affected period. According to the official settlement site at newschoolrefundlawsuit.com, students may be eligible for partial refunds if they paid for in-person tuition and services during the pandemic shift.
The process is being managed by Apex Class Action, LLC, and students must submit an Election Form online by the listed deadlines (the response date was September 27, 2024). While figures vary across sources, some reports, including MagAnalysis, note that the settlement amount could be around $3 million… a symbolic but important acknowledgment that students’ complaints weren’t baseless.
When I read that, I couldn’t help but think back to friends who paid for studio courses or lab access that turned into YouTube tutorials. To them, it wasn’t just about money; it was about being heard. This settlement feels like a long-overdue validation of that frustration.
Why Lankau v. The New School Matters Beyond the Classroom
The case might seem like a niche issue about one university, but the truth is, it echoes across higher education. Dozens of similar lawsuits popped up across the U.S…. against Columbia, NYU, USC, and others… each asking the same essential question: What happens when a university doesn’t deliver what it promised, even in a crisis?
From a broader legal standpoint, Lankau v. The New School has become a kind of precedent in examining contractual fairness in education. It’s a reminder that students are, in many ways, consumers… and universities, like any other service provider, have obligations tied to what they sell.
This has ripple effects far beyond tuition refunds. Institutions are now rethinking their policies, refund clauses, and force majeure provisions (those “act of God” clauses that excuse performance during emergencies). In other words, schools are rewriting the fine print because of cases like this one.
A Personal Reflection: More Than Just Money
I remember my own experience as a student during the pandemic. I attended late-night online lectures with a cup of cold coffee, staring at a gallery of muted faces on Zoom. My campus library… a place that once buzzed with quiet ambition… was off-limits. I still paid the same tuition, but it didn’t feel the same. And that’s exactly what the students in Lankau v. The New School were fighting for: recognition that the value of education isn’t just in the content, but in the context.
Education, at its heart, is experiential. It’s the hum of a crowded hallway, the nervous laughter before presentations, the unplanned conversations that spark creativity. You can’t replicate that in a digital box.
This lawsuit captures that human element… the sense of loss students felt when an entire part of their college life was taken away, not by choice, but by circumstance.
The Broader Lessons in Accountability
For universities, Lankau v. The New School is a wake-up call. It shows that transparency and fairness matter, especially when decisions impact students financially and emotionally. Institutions can’t simply treat tuition as a fixed transaction. When the product changes, so should the price… or at least, the communication around it.
For students, the lesson is empowerment. The case proves that collective action works, even against large, established institutions. It also highlights the importance of understanding one’s rights as a student-consumer. Tuition isn’t just a fee… it’s a contract, and contracts carry obligations.
What Comes Next
As Lankau v. The New School moves through its final stages, its legacy continues to grow. Universities are watching closely, law firms are analyzing the precedents, and students are paying attention. The outcome could shape how schools handle future disruptions… pandemics, strikes, or even climate-related closures.
The legal questions raised by this case… about implied contracts, fairness, and the definition of educational value… are far from settled. But one thing is clear: students now know they have a voice.
Key Takings
- Lankau v. The New School highlights the growing expectation of accountability in higher education.
- It demonstrates that implied contracts… even those not written down… can hold weight in court.
- The settlement process offers compensation to students who lost access to on-campus services.
- The case pushes universities to rethink their pricing models and communication strategies in crises.
- Most importantly, it shows that fairness isn’t suspended during emergencies… it just demands a new definition.
Additional Resource:
- Lankau v. The New School Settlement: The official settlement page created for class members of Lankau v. The New School, offering key details on eligibility, filing deadlines, and payout information for affected students.
- Law360 – The New School Must Face COVID-19 Tuition Suit: A reputable legal analysis covering the court’s decision that The New School must defend the lawsuit filed by students seeking tuition refunds for pandemic-era online classes.
