HOUSE DOCKET, NO. 3186        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1075


The Commonwealth of Massachusetts



Jerald A. Parisella


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to students serving in the military.






Jerald A. Parisella

6th Essex

Marc T. Lombardo

22nd Middlesex

Jason M. Lewis

Fifth Middlesex

James R. Miceli

19th Middlesex

Cory Atkins

14th Middlesex

Gailanne M. Cariddi

1st Berkshire

Thomas P. Conroy

13th Middlesex

Lori A. Ehrlich

8th Essex

Ryan C. Fattman

18th Worcester

Kimberly N. Ferguson

1st Worcester

Sean Garballey

23rd Middlesex

Colleen M. Garry

36th Middlesex

Susan Williams Gifford

2nd Plymouth

Anne M. Gobi

5th Worcester

Paul R. Heroux

2nd Bristol

Louis L. Kafka

8th Norfolk

Mary S. Keefe

15th Worcester

John D. Keenan

7th Essex

Kay Khan

11th Middlesex

Kevin J. Kuros

8th Worcester

Keiko M. Orrall

12th Bristol

Denise Provost

27th Middlesex

Paul A. Schmid, III

8th Bristol

Theodore C. Speliotis

13th Essex

Bruce E. Tarr

First Essex and Middlesex

Martin J. Walsh

13th Suffolk

James J. Dwyer

30th Middlesex

Stephen L. DiNatale

3rd Worcester

Angelo M. Scaccia

14th Suffolk

Richard T. Moore

Worcester and Norfolk

HOUSE DOCKET, NO. 3186        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1075

By Mr. Parisella of Beverly, a petition (accompanied by bill, House, No. 1075) of Jerald A. Parisella and others relative to prohibiting the assessment of financial penalties on active duty military personnel withdrawing from postsecondary courses .  Higher Education.


The Commonwealth of Massachusetts



In the Year Two Thousand Thirteen



An Act relative to students serving in the military.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

The General Laws are hereby amended by inserting after chapter 15E, the following chapter:-



Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Active duty”, full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. sections 1209 and 1211.

Section 2. This chapter shall apply to all postsecondary institutions in the commonwealth including (i) the system of public institutions of higher education, as defined in section 5 of chapter 15A; (ii) private occupation schools, as defined in section 263 of chapter 112; and (iii) private colleges, universities or other institutions of higher learning. 

Section 3.  No student at a postsecondary institution shall incur academic or financial penalties by virtue of performing military service on behalf of the United States.  A student who enrolls in but is unable to complete an academic course because he or she is called to, or enlists in, active duty shall be permitted the option of completing the course at a later date without penalty or withdrawing from the course with a full refund of fees and tuition paid  If the academic course is no longer available upon the student’s return from active duty, the student shall be permitted the option of completing a replacement course for equivalent credit without penalty or withdrawing from the original course with a full refund of fees and tuition paid.  If the student chooses to withdraw from the course, the student’s record shall reflect that the withdrawal is due to active military service.

Section 4.  (a)  There shall be a commission on student veterans which shall consist of 7 persons as follows: 1 of whom shall be the commissioner of the department of higher education, or a designee; 1 of whom shall be the director of the division of professional licensure, or a designee who shall be from the office of private occupational school education; 2 persons appointed by the secretary of veterans’ services; 1 person appointed by the speaker of the house of representatives; 1 person appointed by the president of the senate; and 1 person appointed by the governor.  Members of the commission shall be citizens of the commonwealth who have demonstrated a commitment to student veterans. 

(b)  Members shall serve terms of 2 years. Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.

(c)  The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.

(d)  The commission shall be a resource to the commonwealth on issues affecting student veterans. In furtherance of that responsibility, the commission shall establish regulations regarding students who are called to, or enlist in, active duty.  Such regulations shall be promulgated within one year after passage of this act.