20-1-604. Student rights. (1) An eligible student may not be denied admission or readmission to an educational institution on the basis of the student’s membership in the reserve component of the United States armed forces or in the Montana national guard.

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Terms Used In Montana Code 20-1-604

  • Active duty: means federally funded duty performed pursuant to orders issued under Title 10 or Title 32 of the United States Code, state active duty performed pursuant to Article VI, section 13, of the Montana constitution, or state duty for special work performed pursuant to 10-1-505. See Montana Code 20-1-603
  • Educational institution: means an institution of higher education under the jurisdiction of the board of regents. See Montana Code 20-1-603
  • Eligible student: means a member of a reserve component of the United States armed forces as defined in 38 U. See Montana Code 20-1-603
  • Same academic status: means the same:

    (a)certificate or degree program; and

    (b)standing or progress within a certificate or degree program. See Montana Code 20-1-603

  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)If an eligible student is ordered to active duty while enrolled in one or more courses at an educational institution, the faculty shall, when consistent with accreditation requirements:

(a)assign a final passing grade in the course if, in the faculty’s judgment, enough of the course requirements have been completed;

(b)assign an incomplete in the course and extend the period of time in which the student may complete course requirements; or

(c)allow the student to withdraw from the course and receive financial credit as provided in 20-1-605.

(3)If an eligible student reenrolls in one or more courses at an educational institution within 12 months after returning from the active duty that interrupted the student’s previous enrollment at the institution, the student must, to the extent possible, be readmitted with the same academic status that the student had when ordered to active duty, unless the student requests or agrees to admission with a different academic status.