Senate Bill 208 Summary

• Provides immunity from liability for institutions of higher education (including UNC constituent institutions, community colleges, and eligible private postsecondary institutions) against claims related to spring 2020 tuition and fees arising from COVID-19 closures

• Immunity applies when the institution's acts or omissions were reasonably related to protecting public health and safety in response to the COVID-19 emergency declaration, essential business executive order, or CDC guidance

• Requires institutions to have offered remote learning options during spring 2020 that allowed students to complete coursework to qualify for immunity protection

• Immunity does not apply to losses resulting from breach of express contractual pandemic provisions or from acts/omissions determined to be in bad faith or malicious

• Applies to alleged acts or omissions from March 10, 2020 until June 1, 2020, and is effective for all actions commenced on or after March 27, 2020