Committee Substitute House Bill 2491 History

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H. B. 2491


(By Delegates Iaquinta, Fleischauer, Longstreth,

Stephens and Azinger)

(Originating in the Committee on Education.)

[March 28, 2013]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-10, relating to establishing a uniform course completion policy for certain higher education students performing certain military service.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §18B-4-10, to read as follows:


§18B-4-10. Course completion policy for students called to                military duty.

    (a) The commission and council jointly shall establish and implement a uniform course completion policy for state institutions of higher education under their respective jurisdictions for students enrolled at the institutions who are called to military duty.

    (1) The policy shall be as uniform as is practicable among the institutions, taking into consideration the unique conditions or circumstances of each institution.

    (2) The goal of the policy is to ensure that enrolled students who are called to military duty are afforded a fair and efficient procedure of withdrawing from classes, completing course work or securing a leave of absence from course attendance, when feasible, while also maintaining the academic integrity of the course work and in a manner that is reasonably accommodating to the student under the circumstances.

    (3) The commission and council shall consider and include the following elements when developing the policy:

    (A) Discipline appropriate options allowing a student to: (i) Withdraw from courses without penalty; (ii) earn credit for work completed in a course; (iii) receive an incomplete grade and make up the course work at a later time; or (iv) secure a leave of absence from course attendance;

    (B) For students who withdraw from classes during an academic term who do not receive full credit for completing classes in which they are enrolled, a full or partial refund of tuition, fees and room and board fees paid to the institution; and

    (C) Such other measures as the commission and council consider necessary or effective to support, accommodate and encourage the students to continue and successfully complete their education programs.

    (b) The policy developed by the commission and council does not supercede or conflict with the educational leave of absence for active duty provisions for National Guard or other reserve components of the Armed Forces set forth in section one-a, article one-f, chapter fifteen of this code for students who are subject to that section and does not supercede or conflict with applicable federal laws, rules or regulations.

    (c) As used in this section, “called to military duty” means called or ordered to state or federal active service, inactive-duty training or annual training in any active duty or reserve component of the Armed Forces of the United States or of the National Guard of this state or any other state.

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