41.948. Student of higher education called to active military service--option for refund or incomplete grade--requirements--rules and regulations, promulgation, procedure.
Student of higher education called to active militaryservice--option for refund or incomplete grade--requirements--rulesand regulations, promulgation, procedure.
41.948. 1. In the 1990-91 academic year and in any subsequentacademic year, when any person who is enrolled as a student in a publichigher education institution in Missouri is called into service of theUnited States pursuant to 32 U.S.C. 502(f)(1), section 41.470 or 41.480 orthe authority of 10 U.S.C. 12301(d) or 10 U.S.C. 12304 or any suchsubsequent call or order by the President or the Congress, to activeservice in the armed forces of the United States, whether voluntarily orinvoluntarily, not including active service for training, prior to thecompletion of the semester, or similar grading period, that person shall beeligible for either:
(1) A complete refund of all tuition and incidental fees charged forenrollment at that institution for that semester, or similar gradingperiod; or
(2) The awarding of a grade of "incomplete" pursuant to this section.
2. If such person has been awarded a scholarship to be used to pursuean academic program in any public higher education institution in Missouriand such person is unable to complete the academic term for which thescholarship is granted, that person shall be awarded that scholarship atany subsequent academic term, provided that the person returns to theacademic program at the same institution at the beginning of the nextacademic term after the completion of active military service.
3. If the person chooses the option described in subdivision (1) ofsubsection 1 of this section, such person may request that the officialtranscript indicate the courses from which such person has withdrawn andthe reason for the withdrawal, or such person may request that all coursetitles be expunged from such person's record. Choosing the option of arefund shall not affect the person's official academic record or standingat the public higher education institution.
4. If the person chooses the option described in subdivision (2) ofsubsection 1 of this section, such person shall complete the course work tothe satisfaction of the course instructor and the institution. The gradeof incomplete shall be converted to a failing grade if the person does notapply to complete the course work within six months of discharge or releasefrom active military service. In the event the person cannot comply formedical reasons related to the active military service, such person shallapply to complete the course work within three months of the end of theperiod of convalescence. Choosing the option of taking a grade ofincomplete shall not affect the person's official academic record orstanding at the public institution of higher education, unless the personfails to complete the course work. At the time the grade of incomplete isconverted to a final grade, the person may choose either to have the gradeof incomplete expunged from his official record or to have the grade ofincomplete remain with the final grade and the reason for the grade ofincomplete.
5. The coordinating board for higher education shall promulgate rulesfor the implementation of this section. For the purposes of this section,the term "public higher education institution" shall include publiccommunity colleges and state-supported institutions of higher education.
6. Notwithstanding any other provisions of this section to thecontrary, nothing in this section shall be construed to prevent thegoverning body of any public higher education institution from enacting anacademic policy more lenient in nature than the provisions of subsections 1to 4 of this section.
7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
(L. 1991 S.B. 358 § 4, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2002 H.B. 2047)