Educational Malpractice

Two people who had enrolled in, completed, graduated and received diplomas from a massage therapy program "were unable to pass the [Mississippi] state certification examination." They sued the college that had provided the program and "raised several causes of action centered around the prospect of 'educational malpractice.' " The circuit court denied the college's motion to compel arbitration "because [the college] participated in the underlying litgation." The Mississippi Supreme Court reversed and remanded, finding no waiver and directing the court below to "resolve whether the arbitration language at issue is enforceable."

Any thoughts on the viability of such a claim by a graduated student who fails a certification exam? (Mike Frisch)