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.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 15a - Public Education
Section 3a - Statewide Educational Technology Plan; Goals; Development and Implementation
Section 4 - Board of Higher Education; Membership
Section 5 - Public Institutions of Higher Education System
Section 5a - Governor Foster Furcolo Community Colleges
Section 7 - Mission Statements; Development, Approval and Adoption
Section 7a - Board of Higher Education; Performance Measurement System
Section 9 - Powers and Duties of Council
Section 9a - American Sign Language
Section 9b - Needs-Based Financial Assistance Program; Scholarships; Guidelines
Section 13 - Hefa; Sale or Lease of Buildings, Lands or Other Property; Proceeds
Section 15c - Expenditures and Revenues; Management and Accounting Reporting System
Section 15d - Personnel Administrative Reporting and Information System
Section 15f - Community College Workforce Training Incentive Program
Section 15g - Stackable Credentials
Section 16 - Scholarship Programs; Guidelines
Section 17 - Teaching Learning Corps Program
Section 19 - Tuition and Fee Waiver Program; Guidelines; Annual Report
Section 19a - Student Loan Repayment Program; Guidelines; Expenses for Administration
Section 19b - Teacher Signing Bonus Program; Regulations
Section 19c - Master Teacher Corps Program; Regulations
Section 19d - Scholarship Program Known as Tomorrow's Teachers Program; Guidelines
Section 19e - Principal and Superintendent Recruitment Program
Section 20 - Educational Opportunities Information Center
Section 22 - Board of Trustees of Community Colleges or State Universities; Powers and Duties
Section 22a - Reggie Lewis Track and Athletic Center; Establishment; Powers and Duties of Board
Section 23 - Board of Trustees; Estimate for Institution's Ordinary Maintenance and Revenues
Section 24 - Board of Trustees; Authorized Purchases
Section 24a - Cooperative Purchasing; Massachusetts Higher Education Consortium
Section 25 - Refusal to Elect and Contract With Blind Teaching Candidates
Section 26 - Summer Sessions; Evening Classes
Section 27 - Dormitories; Nonsmoking Rooms; Rules and Regulations
Section 29 - Definitions; Use of Student Fee Funds for Legislative Agents' Costs
Section 31 - Administrative Expenses; Determination of Qualifying Expenditures
Section 32 - Student Assessment System
Section 33 - Report Assessing Overall Faculty Productivity and Teacher Effectiveness
Section 34 - Benchmark Study of Public Higher Education System
Section 35 - Professional Development Schools Grant Program
Section 38 - Military Recruiters; On-Campus Recruiting
Section 39 - Secondary Education Students Qualified to Enroll in Higher Education Institutions
Section 40 - Optional Retirement System; Providers; Regulations; Participation; Funds
Section 41 - Fees for Approval of Articles or Certificates; Revenue
Section 45 - Establishment and Implementation of Comprehensive Training Program