Section 44: Readmission protections, privileges and immunities for members of armed forces attending educational institutions within the commonwealth; calculation of cumulative length of absence; exemption from academic or financial penalty
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/ma/part-i/title-ii/chapter-15a/44·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 44.
(a)As used in this section, the following words shall, unless context clearly requires otherwise, have the following meanings:—
''Armed forces'', the armed forces of the commonwealth as defined in section 10 of chapter 33, including a state defense force or similar organization composed as permitted by law or of the armed forces of another state or territory.
''Service in the uniformed services'' shall have the same definition as provided in 34 C.F.R. section 668.18
(b)and shall include either voluntary or involuntary service in the armed forces of:
(i)in the armed forces of the commonwealth, including a state guard or similar organization composed as permitted by law, when engaged in duty under chapter 33 or Title 32 of the United States Code; or
(ii)another state or territory ordered to perform service under appropriate state or federal authority, without regard for the number of consecutive days of duty.
(b)Members of the armed forces of the commonwealth ordered to state active duty pursuant to chapter 33 or of the armed forces of another state or territory ordered to state active duty under appropriate authority who attend an educational institution within the commonwealth shall be entitled to all rights, protections privileges and immunities afforded under the federal regulation providing readmission requirements for service members pursuant to 34 C.F.R. section 668.18.
(c)Any service performed pursuant to chapter 33, similar authority of another state or territory or Title 32 of the United States Code, when in support of a critical homeland security or emergency management operation as determined by the adjutant general, shall not be included in the calculation of a student's cumulative length of absence from an educational institution.
(d)No student shall incur any academic or financial penalty by virtue of performing service in the uniformed services. A student who enrolls in but is unable to complete an academic course in order to perform service in the uniformed services shall have the option to complete the course at a later date without penalty or withdraw from the course with a full refund of fees and tuition paid. If the academic course is no longer available upon the student's return from service in the uniformed services, the student shall be permitted to complete a replacement course for equivalent credit without penalty. If the student chooses to withdraw from the course, the student's record shall reflect that the withdrawal is due to active military service.