SF 2223

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to veterans; expanding certain postsecondary
education rights; amending Minnesota Statutes 2004,
section 192.502, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 192.502,
subdivision 1, is amended to read:

Subdivision 1.

Postsecondary students.

(a) deleted text begin A member of
the Minnesota National Guard or any other military reserve
component who is a deleted text end new text begin As used in this subdivision, the terms
"qualified person" and "qualified student" have the same meaning
and include:
new text end

new text begin (1) any new text end student at a postsecondary deleted text begin education deleted text end new text begin educational
new text end institution deleted text begin and deleted text end who is deleted text begin called or deleted text end ordered deleted text begin to state deleted text end new text begin into new text end active
new text begin military new text end service deleted text begin in the Minnesota National Guard deleted text end , as defined in
section 190.05, subdivision 5 deleted text begin , or who is called or ordered to
federal active military service deleted text end new text begin ; and
new text end

new text begin (2) a veteran, as defined in section 197.447, who has a
service connected disability as certified by the United States
Department of Veterans Affairs, who is a student at a
postsecondary educational institution, and whose medical
condition or medical treatment requirements reasonably prevent
the person's attendance at or progress in part or all of the
person's higher educational training or studies at any given
time.
new text end

new text begin (b) A qualified person or qualified student new text end has the
following rights:

(1) 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
postsecondary institution. Any refunds are subject to the
requirements of the state or federal financial aid programs of
origination. In such a case, the student must not receive
credit for the courses and must not receive a failing grade, an
incomplete, or other negative annotation on the student's
record, and the student's grade point average must 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 deleted text begin duty deleted text end new text begin service, upon
completion of medical treatment, or upon sufficient medical
recovery new text end under the postsecondary 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 deleted text begin state or
federal deleted text end active military service new text begin or due to the person's medical
treatment or medical condition new text end 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 deleted text begin state or federal deleted text end active military service new text begin or receiving
medical treatment or recovering from a medical condition new text end . A
letter grade or a grade of pass must deleted text begin only deleted text end be awarded new text begin only new text end 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;

(2) to receive a refund of amounts paid for room, board,
and fees attributable to the time period during which the
student was serving in deleted text begin state or federal deleted text end active military service
new text begin or receiving medical treatment or dealing with the person's
medical condition new text end 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

(3) if the student chooses to withdraw, the student has the
right to be readmitted and reenrolled as a student at the
postsecondary education institution, without penalty or
redetermination of admission eligibility, within deleted text begin one year deleted text end new text begin two
years new text end following release from the state or federal active
military service new text begin or following completion of medical treatment or
sufficient recovery from the person's medical condition new text end .

deleted text begin (b) deleted text end new text begin (c) new text end The protections in this section may be invoked as
follows:

(1) the new text begin qualified new text end person new text begin or qualified student new text end , or an
appropriate officer from the military organization in which the
person will be serving, new text begin or an appropriate medical authority or
the person's authorized caregiver or family member, new text end must give
advance verbal or written notice that the person is being deleted text begin called
or deleted text end ordered to deleted text begin qualifying deleted text end new text begin active military new text end service new text begin or will be
undertaking medical treatment or a period of recovery for a
medical condition new text end ;

(2) advance notice is not required if the giving of notice
is precluded by military new text begin or medical new text end necessity or, under all the
relevant circumstances, the giving of notice is impossible or
unreasonable; and

(3) upon written request from the postsecondary
institution, the person must provide written verification of new text begin the
order to active new text end service new text begin or of the existence of the medical
condition or medical treatment new text end .

deleted text begin (c) deleted text end new text begin (d) new text end This section provides minimum protections for
new text begin qualified new text end students. Nothing in this section prevents
postsecondary institutions from providing additional options or
protections to students who are deleted text begin called or deleted text end ordered to deleted text begin state or
federal deleted text end active military service new text begin or are undertaking medical
treatment or a period of recovery from a medical condition new text end .