Bill Text: NJ S2511 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires institutions of higher education to provide greater assistance to certain students with military obligations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-12 - Introduced in the Senate, Referred to Senate Higher Education Committee [S2511 Detail]
Download: New_Jersey-2022-S2511-Introduced.html
Sponsored by:
Senator EDWARD DURR
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires institutions of higher education to provide greater assistance to certain students with military obligations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning students with military obligations attending institutions of higher education, amending P.L.1997, c.377, and supplementing chapter 62 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1997, c.377 (C.18A:62-4.2) is amended to read as follows:
1. a. A student at a New Jersey public institution of higher education who is [unable to complete a course due to deployment, mobilization, reassignment, or other military obligation as a service member] on a full-time duty status in the active uniformed services of the United States or is a member of the National Guard or a Reserve component of the Armed Forces of the Unites States who is unable to complete a course because the student is deployed or called to partial or full mobilization for State or federal active duty, including calls for monthly drills, annual training, and any active duty whether voluntary or involuntary shall be entitled to the options set forth in this section with respect to the student's grade for the course.
b. A student who has completed at least eight weeks of attendance in a course may choose to:
(1) receive a letter grade; or
(2) receive a grade of pass or fail; or
(3) receive a grade of incomplete; or
(4) withdraw from the course.
c. A student who has completed less than eight weeks of attendance in a course may choose to:
(1) receive a grade of incomplete; or
(2) withdraw from the course.
d. A letter grade or a grade of pass shall only be awarded if, in the opinion of the faculty member teaching the course, the student has completed sufficient work, and there is sufficient evidence of progress toward meeting the requirements of the course, to justify the grade.
e. A grade of incomplete shall remain valid for a period of one year after the student returns to the New Jersey public institution of higher education.
f. A student who chooses to accept a grade of pass or fail may, within one year after returning to the New Jersey public institution of higher education, receive a letter grade for the course by completing the work required for the course, in which case the letter grade shall replace the pass or fail grade as the student's grade for the course.
g. A student who chooses to withdraw from a course shall receive a full refund of tuition and fees attributable to that course.
h. A student who has paid amounts for room, board or fees shall, except as provided in subsection g. of this section, receive a refund of that portion of those amounts attributable to the time period during which the student did not use the services for which payment was made.
i. Any refund payable to a student who is a financial aid recipient shall be subject to the applicable State and federal regulations regarding refunds.
j. As used in this section, "service member" means an individual who is serving as a member of a Reserve component of the Armed Forces of the United States, or as a member of the National Guard, or on active duty as a member of the Armed Forces of the United States.
(cf: P.L.2021, c.174, s.1)
2. (New section) Each public and independent institution of higher education shall adopt and implement policies and procedures to assist a student enrolled in the institution, who is on full-time duty status in the active uniformed services of the United States or is serving as a member of the National Guard or a Reserve component of the Armed Forces of the United States, to meet the student's military obligations without loss of academic status or opportunity. The policies and procedures shall provide that:
a. the student shall receive from the institution at which the student is enrolled notification each semester of his higher education rights and benefits as a member on full-time duty status in the active uniformed services of the United States or as a member of the National Guard or a Reserve component of the Armed Forces of the United States enrolled in the institution including, but not limited to, those established pursuant to section 1 of P.L.1997, c.377 (C.18A:62-4.2), section 1 of P.L.2019, c.327 (C.18A:3B-42a), section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any other section of law. These rights and benefits shall be prominently displayed on the website of the institution; and
b. accommodations are provided to the student for each class missed by the student due to military obligation, including where appropriate the provision of lecture notes from the professor or instructor, access to a tutor, and at least five days per each missed class to enable the student to complete coursework.
3. (New section) a. Each public or independent institution of higher education shall direct a student who is on full-time duty status in the active uniformed services of the United States or is serving as a member of the National Guard or a Reserve component of the Armed Forces of the United States to notify each professor or instructor of his military obligations upon enrollment in the course or as soon as is reasonably possible once those obligations become known to the student.
b. In the event that a professor or instructor receives notification from a student of the student's military obligations pursuant to subsection a. of this section, the professor or instructor shall initiate communications with the student about each party's academic obligations when the student's military obligations interrupt coursework. The professor or instructor and the student shall enter into a contract that details each party's academic obligations. Each institution of higher education shall develop a standard template for the contract through a negotiated process involving representatives of the administration, faculty unions, and veterans groups. The template shall require the signature of the professor or instructor, the student, and the direct supervisor of the faculty member.
c. The professor or instructor shall, to the extent feasible, offer the student options to complete coursework remotely through a modified curriculum that utilizes the Internet and other means, in the event that the student's military obligations prevent attendance at class.
d. In the event that the professor or instructor refuses to abide by the terms of the contract established pursuant to subsection b. of this section, the professor or instructor shall be subject to the regular disciplinary process established for the institution by its governing board.
4. (New section) Notwithstanding the provisions of any law, rule, or regulation to the contrary, the provisions of P.L.1997, c.377 (C.18A:62-4.2) and P.L. , c. (C. ) (pending before the Legislature as this bill) shall be enforced by the New Jersey Department of Military and Veterans Affairs and complaints concerning violations shall be made to that department.
5. This act shall take effect immediately and shall first apply to the first full academic year following the date of enactment.
STATEMENT
Current law provides a student at a New Jersey public institution of higher education who is unable to complete a course because the student is called to partial or full mobilization for State or federal active duty as a member of the National Guard or a Reserve component of the Armed Forces of the United States with certain options regarding his grade for the course. This bill amends the law to ensure that it applies to students who could not complete the coursework due to monthly drills, annual training, and any active duty whether it be voluntary or involuntary.
The bill directs each public and independent institution of higher education to adopt and implement policies and procedures that will assist a student enrolled in the institution, who is serving as a member of the National Guard or a Reserve component of the Armed Forces of the United States, to meet the student's military obligations without loss of academic status or opportunity. Under the bill, the policies and procedures must provide for:
(1) the student to receive notification from the institution at which the student is enrolled each semester of his higher education rights and benefits as a member of the National Guard or a Reserve component of the Armed Forces of the United States enrolled in the institution. The institution must display these rights and benefits on its website; and
(2) accommodations to the student for each class missed by the student due to military obligation, including where appropriate the provision of lecture notes from the professor or instructor, access to a tutor, and at least five days per each missed class to enable the student to complete coursework.
Under the bill, each public or independent institution of higher education must direct a student who is serving as a member of the National Guard or a Reserve component of the Armed Forces of the United States to notify each professor or instructor of his military obligations upon enrollment in the course or as soon as is reasonably possible once those obligations become known to the student. The professor or instructor must then initiate communications with the student about each party's academic obligations when the student's military obligations interrupt coursework. The professor or instructor and the student must also enter into a contract that details each party's academic obligations. The professor or instructor must, to the extent feasible, offer the student options to complete coursework remotely through a modified curriculum that utilizes the Internet and other means, in the event that the student's military obligations prevent attendance at class. In the event that the professor or instructor refuses to abide by the contract, the professor or instructor will be subject to the regular disciplinary process established for the institution by its governing board.
Finally, the bill provides that certain State laws pertaining to the higher education rights of students with military obligations will be enforced by the New Jersey Department of Military and Veterans Affairs and complaints concerning violations can be made to that department.
