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Last month, Connecticut joined a growing number of states in limiting colleges and universities from withholding transcripts when students have outstanding debt.  Effective October 1, 2023, Public Act 23-14 prohibits Connecticut institutions of higher education from withholding a current or former student’s transcript from their current employer, prospective employer, or from a branch of the U.S. military because the student owes a debt.  More specifically, as to these entities, higher education institutions cannot:

  • refuse to provide a student’s transcript because the student owes the institution a debt;
  • condition a student’s transcript release upon debt payment;
  • charge a higher fee for providing a student’s transcript because the student owes a debt; or
  • use transcript release as a debt collection method.

Notably, the new law does not prohibit the withholding of transcripts from other educational institutions, such as other colleges, universities, or graduate programs.

Under the new law, a “debt” is an obligation, claim, or sum that is due or alleged to be due to an institution of higher education from a student. “Debt” does not include a fee charged for the actual cost of providing a transcript to a student.

Although the new law does not become effective until October 1, 2023, it is important that institutions currently implementing these policies consider their next steps.  Institutions of higher education should also be mindful that, last fall, the Consumer Financial Protection Bureau found that a blanket withholding of transcripts in connection with an extension of credit is an abusive practice used to pressure borrowers into repayment, and it directed institutional lenders of private educational loans to cease such practice. 

As we continue to review this new law, we will keep you updated on further developments. In the meantime, please reach out to any member of our team with questions regarding transcript withholding.

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Photo of Dori Pagé Antonetti Dori Pagé Antonetti

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients…

Dori Pagé Antonetti is a member of the School Law Practice Group where she represents a wide range of educational institutions, including both public and independent k-12 schools in a variety of education and employment law matters.  In her day-to-day representation of clients, Dori draws on her unique experience as a former educator for Teach for America.  This experience, coupled with her time as a hearing review officer for the New York City Office of Labor Relations, allows Dori to analyze issues from a practical perspective, which brings significant advantages to her clients.

Most recently, Dori’s practice has focused on assisting school districts and independent schools with various aspects of COVID-19 pandemic response and preparedness and return-to-school planning.  Dori has provided guidance on the requirements and implementation of ever-evolving federal and state laws and guidelines in various areas, such as employee leave, vaccine mandates, mask rules, health and safety protocols, telehealth, and sports-related issues.

Dori is a thoughtful attorney who has astute peripheral vision which allows her to help school clients identify legal issues and develop creative solutions.  She is attentive to detail, careful, and thorough.  Dori has extensive experience in policy development and review, and enjoys helping clients ensure that their policies and regulations are legally compliant, clearly written, and accomplish their intended purpose.  She also regularly advises schools on their obligations and responsibilities under the Family and Medical Leave Act and Americans with Disabilities Act.  For independent school clients, Dori has extensive experience drafting and revising enrollment contracts, faculty/staff handbooks, employment contracts and advising on issues such as truth-in-lending obligations, federal funding, vaccine policies and exemption issues.

Photo of Julie C. Fay Julie C. Fay

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students…

Julie is co-chair of Shipman’s Education Department, and a partner in the School Law Practice group, where she represents public and independent schools in a variety of special education and general education law matters, with a particular focus on issues relating to students with disabilities, student discipline, confidentiality, school governance and policy. Julie frequently represents schools in administrative hearings, including expulsion hearings, special education due process hearings and related proceedings, and is often called upon to guide districts in drafting policies and administrative procedures in all education law areas. As part of her practice, Julie has conducted numerous professional development workshops for clients and other school organizations.

Photo of Kelsey Scarlett Kelsey Scarlett

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and…

Kelsey Scarlett is a member of the firm’s School Law Practice Group, where she advises public and independent schools and colleges and universities on a variety of general education and labor and employment issues. Kelsey’s practice focuses on student discipline, Title IX and sexual misconduct, policy drafting, the rights of transgender and gender-minority students, complaints from the Office of Civil Rights (OCR), and employee and student investigations. She regularly attends Title IX seminars and has received ATIXA training.