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2004 SESSION

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CHAPTER 740 An Act to amend and reenact § 23-9.6:2 of the Code of Virginia, relating to the required reinstatement of military students in public institutions of higher education. [H 712] Approved April 12, 2004

Be it enacted by the General Assembly of Virginia:

1. That § 23-9.6:2 of the Code of Virginia is amended and reenacted as follows:

§ 23-9.6:2. Tuition relief, refunds, and reinstatement for certain students.

The Council shall issue and from time to time revise guidelines for tuition relief, refunds, and reinstatement for students whose active military duty during a defense crisis has required their sudden withdrawal or prolonged absence from their enrollment in a public institution of higher education and shall provide for the required reenrollment of such students by the relevant institution. These guidelines shall be excluded from the provisions of the Administrative Process Act pursuant to § 2.2-4002.

The Council shall appoint an advisory committee of at least ten 10 representatives of the public institutions to assist in the development and subsequent revision of these guidelines. The Council shall consult with the Office of the Attorney General and shall provide opportunity for public comment prior to issuing any such guidelines.

The first set of guidelines shall be issued by July 1, 1991, and shall be immediately incorporated by all public institutions of higher education in their tuition and enrollment policies. These guidelines shall be applied to all persons whose active military duty during a defense crisis required their sudden withdrawal or prolonged absence after January 1, 1990.

The guidelines shall include procedures for the required reenrollment of students whose call to active duty military service precluded their completion of a semester or equivalent term and policies for the required reenrollment of such military students.