Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 284-H.F.No. 3274 
                  An act relating to military; providing certain 
                  protections to persons called or ordered to active 
                  service; proposing coding for new law in Minnesota 
                  Statutes, chapters 190; 192. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [190.055] [PROTECTIONS.] 
           A person called or ordered to active service, as defined in 
        section 190.05, subdivision 5a or 5b, has all the protections 
        afforded to persons in the military service of the United States 
        under the Soldiers and Sailors Civil Relief Act of 1940, United 
        States Code, Appendix 50, sections 501 to 548, and 560 to 591, 
        as amended. 
           Sec. 2.  [192.502] [PROTECTIONS.] 
           (a) A member of the Minnesota national guard or any other 
        military reserve component who is a student at a post-secondary 
        education institution and who is called or ordered to state 
        active service in the Minnesota national guard, as defined in 
        section 190.05, subdivision 5, or who is called or ordered to 
        federal active military service 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 
        post-secondary 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 duty under the 
        post-secondary 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; 
           (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 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 
           (3) if the student chooses to withdraw, the student has the 
        right to be readmitted and reenrolled as a student at the 
        post-secondary education institution, without penalty or 
        redetermination of admission eligibility, within one year 
        following release from the state or federal active military 
        service. 
           (b) The protections in this section may be invoked as 
        follows: 
           (1) the person, or an appropriate officer from the military 
        organization in which the person will be serving, must give 
        advance verbal or written notice that the person is being called 
        or ordered to qualifying service; 
           (2) advance notice is not required if the giving of notice 
        is precluded by military necessity or, under all the relevant 
        circumstances, the giving of notice is impossible or 
        unreasonable; and 
           (3) upon written request from the post-secondary 
        institution, the person must provide written verification of 
        service. 
           (c) This section provides minimum protections for students. 
        Nothing in this section prevents post-secondary institutions 
        from providing additional options or protections to students who 
        are called or ordered to state or federal active military 
        service. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective retroactive to September 11, 
        2001. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:33 p.m.