This title shall be known, and may be cited, as the Educational Debt Collection Practices Act.
Obligations Arising From Particular TransactionsEducational Debt Collection Practices
Section § 1788.90
This section simply gives a name to a specific set of rules about collecting educational debts, calling it the Educational Debt Collection Practices Act.
educational debt debt collection collection practices
Section § 1788.91
This section highlights the negative impact of schools and colleges withholding student transcripts as a way to collect debts. It states that this practice is unfair and can hinder students' educational and career prospects. The law aims to prevent schools from using transcript withholding as a means of debt collection.
The Legislature finds and declares all of the following:
(a)CA Civil Law Code § 1788.91(a) Schools and colleges have threatened to withhold transcripts from students as a debt collection tactic. The practice can cause severe hardship by preventing students from pursuing educational and career opportunities, and it is therefore unfair and contrary to public policy. Moreover, the practice is counterproductive as it may further delay the payment of the debt by creating obstacles to student employment.
(b)CA Civil Law Code § 1788.91(b) It is the purpose of this title to prohibit schools from interfering with student educational and career opportunity by the withholding of transcripts.
debt collection tactic withholding transcripts educational opportunities
Section § 1788.92
This section defines two important terms: 'school' and 'debt.' A 'school' is any educational institution that provides transcripts to students, whether public or private. 'Debt' refers to any money a student owes, but it doesn't include transcript fees that apply to everyone equally.
For purposes of this title, the following terms shall have the following meanings:
(a)CA Civil Law Code § 1788.92(a) “School” means any public or private postsecondary school, or any public or private entity, responsible for providing transcripts to current or former students of a school.
(b)CA Civil Law Code § 1788.92(b) “Debt” means any money, obligation, claim, or sum, due or owing, or alleged to be due or owing, from a student, but does not include the fee, if any, charged to all students for
the actual costs of providing the transcripts.
school definition postsecondary school student debt
Section § 1788.93
This law says schools in California can't withhold or delay providing a transcript just because a student owes money. They can't make transcript access dependent on debt payment, except for any normal fees for issuing the transcript. Schools also aren't allowed to charge more or treat students differently in transcript requests because of debt or use the process to collect money owed.
Notwithstanding any provision of law, a school shall not do any of the following:
(a)CA Civil Law Code § 1788.93(a) Refuse to provide a transcript for a current or former student on the grounds that the student owes a debt.
(b)CA Civil Law Code § 1788.93(b) Condition the provision of a transcript on the payment of a debt, other than a fee charged to provide the transcript.
(c)CA Civil Law Code § 1788.93(c) Charge a higher fee for obtaining a transcript, or provide less favorable treatment of a transcript request because a student owes a debt.
(d)CA Civil Law Code § 1788.93(d) Use transcript issuance as a tool for debt
collection.
student debt transcript access debt collection
Section § 1788.94
Essentially, this law states that you cannot give up or waive any rights or protections provided under this law, and if someone tries to make you do so, it won’t count legally—it’s invalid.
Any waiver of a provision of this title is contrary to public policy and is void and unenforceable.
waiver public policy void
