BILL REQ. #: Z-0120.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/17/11. Referred to Committee on Higher Education.
AN ACT Relating to rights of higher education students involved in military service; and amending RCW 28B.10.270.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28B.10.270 and 2004 c 161 s 1 are each amended to read
as follows:
(1) A member of the Washington national guard or any other military
reserve component who is a student at an institution of higher
education and who is ordered for a period exceeding thirty days to
either active state service, as defined in RCW 38.04.010, or to federal
active military service has the following rights:
(a) With regard to courses in which the person is enrolled, the
person may:
(i) Withdraw from one or more courses for which tuition and fees
have been paid that are attributable to the courses. The tuition and
fees must be credited to the person's account at the institution. Any
refunds are subject to the requirements of the state or federal
financial aid programs of origination. In such a case, the student
shall not receive credit for the courses and shall not receive a
failing grade, an incomplete, or other negative annotation on the
student's record, and the student's grade point average shall not be
altered or affected in any manner because of action under this item;
(ii) Be given a grade of incomplete and be allowed to complete the
course upon release from active duty under the institution's standard
practice for completion of incompletes; or
(iii) Continue and complete the course for full credit. Class
sessions the student misses due to performance of state or federal
active military service must be counted as excused absences and must
not be used in any way to adversely impact the student's grade or
standing in the class. Any student who selects this option is not,
however, automatically excused from completing assignments due during
the period the student is performing state or federal active military
service. A letter grade or a grade of pass must only be awarded if, in
the opinion of the faculty member teaching the course, the student has
completed sufficient work and has demonstrated sufficient progress
toward meeting course requirements to justify the grade;
(b) To receive a refund of amounts paid for room, board, and fees
attributable to the time period during which the student was serving in
state or federal active military service and did not use the facilities
or services for which the amounts were paid. Any refund of room,
board, and fees is subject to the requirements of the state or federal
financial aid programs of origination; and
(c) If the student chooses to withdraw, the student has the right
to be readmitted and enrolled as a student at the institution, without
penalty or redetermination of admission eligibility, within one year
following release from the state or federal active military service.
(2)(a) A member of the Washington national guard or any other
military reserve component who is a student at an institution of higher
education and who is ordered for a period of thirty days or less to
either active or inactive state or federal service and as a result of
that service or follow-up medical treatment for injury incurred during
that service, misses any class, test, examination, laboratory, or other
event upon which a course grade or evaluation is based, is entitled to
make up the class, test, examination, laboratory, or event without
prejudice to the final course grade or evaluation.
(b) If the faculty member teaching the course determines that the
student has completed sufficient work and has demonstrated sufficient
progress toward meeting course requirements to justify the grade
without making up the class, test, examination, or other event, the
grade may be awarded without the make up, but the missed class, test,
examination, laboratory, or other event must not be used in any way to
adversely impact the student's grade or standing in the class.
(3) The protections in this section may be invoked as follows:
(a) The person, or an appropriate officer from the military
organization in which the person will be serving, must give written
notice that the person is being, or has been, ordered to qualifying
service; and
(b) Upon written request from the institution, the person shall
provide written verification of service.
(((3))) (4) This section provides minimum protections for students.
Nothing in this section prevents institutions of higher education from
providing additional options or protections to students who are ordered
to state or federal active military service.