Introduced Version
Senate Bill 173 History
| Email
Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 173
(By Senators Wells, Yost, Jenkins, Fitzsimmons and D. Hall)
____________
[Introduced February 15, 2013; referred to the Committee on
Military; and then to the Committee on Education .]
____________
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 policy for students enrolled in state
institutions of higher education who are called up 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.
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:
ARTICLE 4. GENERAL ADMINISTRATION.
§18B-4-10. Policy for students called to active service or training in the military.
(a) The commission and council shall jointly establish and
implement a uniform policy for state institutions of higher
education under their respective jurisdictions for students
enrolled at the institutions who are 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. The policy shall be as uniform as is practical among the
institutions, taking into consideration the unique conditions or
circumstances of each institution. The goal of the policy is to
ensure that students enrolled in state institutions of higher
education who are ordered or called up to state or federal active
service, inactive-duty training or annual training in the military
are afforded a fair and efficient procedure of: (1) Withdrawing
from classes; (2) partially or fully completing course work; or (3)
being afforded a leave of absence from course attendance, when
feasible, while also maintaining academic integrity of the course
work and in a manner that is reasonably accommodating to the
student under the circumstances. The policy shall include, but is
not limited to, and shall take into consideration the following:
(1) Appropriate options allowing the student to: (A) Withdraw
from classes without penalty; (B) earn partial or full credit for work completed in a class; (C) receive an incomplete grade and make
up the course work at a later time; or (D) be granted a leave of
absence from course attendance;
(2) For students who withdraw from classes during an academic
term who do not receive full credit for completion of classes in
which they are enrolled, a full or partial refund of tuition, fees
and room and board fees paid to the institution; and
(3) Other measures to promote, accommodate and encourage the
students to continue and successfully complete their education.
(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.
NOTE: The purpose of this bill is to establish a uniform
policy for students enrolled in institutions of higher education
who are called up 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.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
This legislation was recommended for introduction and passage during the 2013 Regular Session of the Legislature by the
Legislative Select Committee on Veterans' Affairs.