Amendment #24 to S1885

Student Status Protection for Members of the National Guard Ordered to State Active Duty

Mr. Naughton of Clinton moves to amend the bill by adding the following section at the end thereof:-

SECTION XX. Chapter 15A of the General Laws is hereby amended by inserting after section 43 the following section:-

Section 44. (a) All members of the armed forces of the commonwealth ordered to active duty pursuant to chapter 33, 10 U.S.C., or 32 U.S.C. and who attend an educational institution within the commonwealth shall be entitled to all rights, protections, privileges, and immunities afforded under the federal regulation providing readmission requirements for servicemembers, codified at 34 C.F.R. Section 668.18, as from time to time amended.  All members of the armed forces of another state or territory ordered to active duty pursuant to appropriate state authority, 10 U.S.C., or 32 U.S.C. and who attend an educational institution within the commonwealth shall also be entitled to all rights, protections, privileges, and immunities afforded under  34 C.F.R. Section 668.18, as from time to time amended.

(b) As used in this chapter, the following words shall, unless context clearly requires otherwise, have the following meanings:-

“Armed forces” shall, in addition to the definition provided for in 34 C.F.R. Section 668.18, also mean the armed forces of the commonwealth as defined in section 10 of chapter 33, to include a state guard or similar organization composed as permitted by law, and the armed forces of another state or territory.

“Service in the uniformed services” shall, in addition to the definition provided for in 34 C.F.R. Section 668.18, also mean either voluntary or involuntary service in the armed forces of the commonwealth, to include a state guard or similar organization composed as permitted by law, when engaged in duty under chapter 33 or 32 U.S.C., or in the armed forces of another state or territory ordered to perform service under appropriate state or federal authority, without regard for the number of consecutive days of duty.

(c) Any service performed pursuant to chapter 33, similar authority of another state or territory, 10 U.S.C., or 32 U.S.C. when in support of a critical homeland security or emergency management operation as determined by the adjutant general shall not be included in the calculation of a student’s cumulative length of absence from an educational institution.

(d) No student shall incur any academic or financial penalty by virtue of performing service in the uniformed services.  A student who enrolls in but is unable to complete an academic course in order to perform service in the uniformed services shall have the option to complete the course at a later date without penalty or withdraw 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 service in the uniformed services, the student shall be permitted to complete a replacement course for equivalent credit without penalty.  If the student chooses to withdraw from the course, the student’s record shall reflect that the withdrawal is due to active military service.

(e) 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.