SENATE, No. 278
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator THOMAS H. KEAN, JR.
District 21 (Morris, Somerset and Union)
Senator SANDRA B. CUNNINGHAM
District 31 (Hudson)
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Senators Corrado, Brown, Addiego, Diegnan, Greenstein, O'Scanlon, Assemblyman Dancer, Assemblywomen Murphy, DiMaso, Assemblymen Bergen, Moen, Assemblywoman Mosquera, Assemblyman Houghtaling, Assemblywoman Downey, Assemblymen Space, Wirths and Assemblywoman Swain
SYNOPSIS
Establishes certain rights for students with military obligations attending public institutions of higher education and permits late registration for students with military obligations.
CURRENT VERSION OF TEXT
As reported by the Senate Higher Education Committee on January 30, 2020, with amendments.
An Act concerning access to higher education for veterans and 1[service]1 members 1of the military1, 1amending P.L.1997, c.377,1 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:
11. 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 [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] due to deployment, mobilization, reassignment, or other military obligation as a service member 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.1
(cf: P.L.1997, c. 377, s.1)
1[1.] 2. (New section)1 a. As used in this section:
“Service member” means an individual who is serving 1[on active duty as a member of the Armed Forces of the United States, ] as a member of1 a Reserve component 1[thereof] of the Armed Forces of the United States1 , or 1as a member of1 the National Guard 1, or on active duty as a member of the Armed Forces of the United States1.
“Veteran” means an individual who served 1[on active duty in the Armed Forces of the United States,] as a member of1 a Reserve component 1[thereof] of the Armed Forces of the United States1 , or 1as a member of1 the National Guard, 1or on active duty in the Armed Forces of the United States,1 and who was honorably discharged or released under honorable circumstances from active service.
b. 1[In the event that a service member enrolled in a course at a public institution of higher education is unable to complete a course due to deployment, reassignment, or other military obligation, the institution shall issue a full refund of tuition and fees attributable to that course to the service member.
c.]1 Notwithstanding any provision of law to the contrary, each public institution of higher education shall establish policies and procedures to permit the late registration of a student who is a veteran or a service member upon the student’s return from deployment, 1mobilization,1 reassignment, or other military obligation. The institution shall not charge a late fee or similar penalty on a registration submitted pursuant to this subsection.
Nothing in this subsection shall be construed to require any public institution of higher education to admit a student or to waive its admission standards.
1[2.] 3.1 This act shall take effect immediately and shall first apply to the first full academic year following the date of enactment.