AMENDED

FACT SHEET FOR S.B. 1406

excused military absences; higher education

Purpose

Prescribes rights and protections for a student attending an Arizona public university, community college or private university (higher education institution) who is ordered, or whose spouse is ordered, to state or federal reserve component duty with the Arizona National Guard, U.S. Armed Forces Reserves or any other state's national guard (reserve duty).

Background

The Arizona Board of Regents (ABOR) is the governing entity for Arizona's university system, which consists of Arizona State University, Northern Arizona University and the University of Arizona. ABOR may adopt and authorize each university to adopt regulations, policies or measures as necessary. ABOR's duties include fixing tuition rates and fees, establishing curricula, designating courses and prescribing student admissions qualifications to the universities (A.R.S. § 15-1626).

A community college in Arizona is an educational institution, operated by a community college district governing board, that provides a program of up to four years' training in the arts, sciences and humanities after 12th grade of the public or private high school course of study or vocational education, including terminal courses of a technical and vocational nature and basic adult education courses (A.R.S. § 15-1401).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Authorizes a student attending a higher education institution who is ordered, or whose spouse is ordered, to state or federal reserve duty to:

a) withdraw from courses for which tuition and fees have been paid and receive tuition and fee credit to the student's account at the institution;

b) depending on when the member is ordered to reserve duty and the individual student's needs, receive a grade of incomplete and be allowed to complete the course under the institution's standard practice for incompletes on release from reserve component duty;

c) in accordance with any academic unit or higher education institution's requirements, continue and complete the course for full credit;

d) receive a refund for any amount paid for room, board and fees for the time period the student did not use the applicable facilities or services due to serving reserve duty; and

e) withdraw and, within one year after release from reserve duty, be readmitted and enrolled without penalty or redetermination of admission.

2. Requires a higher education institution to consider class sessions a student misses due to reserve duty to be excused absences and not use the absences to adversely impact the student's grade or class standing.

3. Allows a faculty member teaching a course to award a grade only if the faculty member determines the student completed sufficient work and demonstrated sufficient progress toward meeting course requirements to justify the grade.

4. Prohibits, if sufficient work and progress have been completed to justify awarding a grade, a missed test, assignment or other event from being used in any way to adversely impact the student's grade or standing in the class.

5. Allows a student to make up, without prejudice to the final course grade or evaluation, the following tests, assignments or other events, if missed due to serving reserve duty or receiving follow-up medical treatment for an injury incurred during service:

a) tests, examinations, laboratories, presentations;

b) class days on which a written or oral assignment is due; or

c) other events on which a course grade or evaluation is based.

6. Authorizes a faculty member teaching a course to award a grade without the makeup activity.

7. Requires the makeup activity to be scheduled after:

a) the student's return from reserve duty; and

b) a reasonable amount of time for the student to prepare for the test, assignment or other event.

8. Specifies that a student ordered to reserve duty who chooses to continue and complete a course is not automatically excused from completing assignments during the period of reserve duty.

9. Precludes a student who withdraws due to reserve duty from receiving course credit or a failing grade, incomplete or other negative annotation on their record.

10. Prohibits the GPA of a student who withdraws due to reserve duty from being altered or affected in any manner due to the withdrawal.

11. Applies the outlined protections to a student who is ordered, or whose spouse is ordered, to reserve duty regardless of whether:

a) the member or spouse is attending class in person or online; and

b) whether the member is stationed in or outside of Arizona.

12. Requires a student, to invoke the outlined protections, to submit evidence of reserve duty to teaching faculty:

a) if known in advance, early in the semester or as soon as practicable before the missed class, assignment or examinations;

b) if not known in advance, as soon as practicable after the missed class assignment or examination.

13. Prescribes the following procedures for invoking the outlined protections:

a) the student or appropriate officer from the military organization in which the student will serve must give written notice of the order to reserve duty; and

b) the student must provide written verification of service on a higher education institution's request.

14. Specifies that any refund for tuition, room, board or fees is subject to the requirements of the state or federal financial aid programs of origin.

15. Defines institution of higher education as an Arizona public university, community college or private university.

16. Becomes effective on the general effective date.

Amendments Adopted by Committee

1. Extends the outlined protections to the spouse of a member of the Arizona National Guard, U.S. Armed Forces Reserves or any other state's national guard who is ordered to reserve duty.

2. Applies the outlined protections regardless of whether the student is attending classes in person or online and whether the person serving reserve duty is stationed in or outside of Arizona.

3. Requires a student to provide documentation of reserve duty to teaching faculty as prescribed.

4. Qualifies the authorization for a student to receive an incomplete to depend on:

a) when the member is ordered to state or federal reserve duty; and

b) the individual student’s needs.

5. Specifies that a student continuing and completing a course for full credit must be in accordance with any academic unit or institution’s requirements.

Senate Action

ED 2/15/22 DPA 8-0-0

Prepared by Senate Research

February 16, 2022

LB/slp