West Virginia Code § 18B-4-10

Course completion for students called to military duty; rule required
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(a) As used in this section, "called to military duty" means called or ordered to state or
federal active service, inactive-duty training or annual training in any active duty or reserve
component of the Armed Forces of the United States or of the National Guard of this state or
any other state.
(b) In accordance with the provisions of article three-a, chapter twenty-nine-a of this code,
the commission and council jointly shall propose and implement a rule providing for uniform
course completion for students who are enrolled at the state institutions of higher education
under their respective jurisdictions when those students are callued to military duty.
(1) The rule shall be as uniform among the institutions as is practicable and shall take into
consideration the unique conditions or circumstances of each institution.
(2) The intent of the rule is to ensure that enrolled students who are called to military duty
are afforded a fair and efficient procedure of withdlrawing from classes, completing course
work or securing a leave of absence from coursse attendance, when feasible. The rule also
shall provide for maintaining the academic integrity of the course work in a manner that is
reasonably accommodating to the student iunder the circumstances.
(3) The commission and council shall consider and include the following elements when
developing the rule:
(A) Discipline appropriate options which allow a student to withdraw from courses without
penalty; earn credit for work completed in a course; receive an incomplete grade and make
up the course work at a later time; or secure a leave of absence from course attendance;
(B) For studenVts who withdraw from classes during an academic term and who do not
receive full credit for completing classes in which they are enrolled, provision for obtaining a
full or partial refund of tuition, fees and room and board fees paid to the institution; and
(C) Other measures as the commission and council consider necessary or effective to
support, accommodate and encourage the students to continue and successfully complete
their education programs.
(c) The rule required by this section is superceded by and may not conflict in any way with
the following provisions:
(1) Educational leave of absence for active duty National Guard or other reserve components
of the Armed Forces as set forth in section one-a, article one-f, chapter fifteen of this code
for students who are subject to these provisions; and
(2) Applicable federal laws, rules or regulations.

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