[Second Reprint]

SENATE, No. 1330

STATE OF NEW JERSEY

INTRODUCED JUNE 13, 1996

By Senators BUBBA and GIRGENTI

An Act concerning certain students at New Jersey ¹public¹ institutions of higher education 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:

     ²1. 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 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 the applicable State and federal regulations regarding refunds.²

    ²[1. A student who is a member of the New Jersey National Guard or of the Reserve component of the Armed Forces of the United States, and who is unable to complete a course or courses at a New Jersey ¹public¹ institution of higher education because the student is called to partial or full mobilization for State or federal active duty, shall be entitled to receive a grade in each course for which the student has completed a minimum of eight weeks' attendance and all other academic requirements during that period. The grade shall be based upon the work which the student had completed up to the time when the student was called to active service.]²

    ²[2. Any student who has not completed a minimum of eight weeks' attendance and all other academic requirements during that period in a course or who does not wish to receive a grade on the basis provided for in section 1 of this act shall be entitled to receive: a. a grade of incomplete in that course which shall remain valid for a period of one year after the date on which the student returns to study at the institution; b. a grade of pass/fail in that course; or c. a refund of tuition and fees for that course.]²

    ²[3. Any student who has paid room, board, or other fees to the institution shall be entitled to a refund of the portion of those charges attributable to the time period in which the facilities or services were not used by the student.]²

    ²[4.] 2.² This act shall take effect immediately and shall apply to the ¹[1995-96] 1996-97¹ academic year and thereafter.

Establishes certain rights for students attending New Jersey public institutions of higher education who are mobilized for State or federal active duty.