Assigned to ED FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
REVISED
FACT SHEET FOR S.B. 1406
excused military absences; higher education
Purpose
Prescribes rights and protections for a student attending an Arizona public university,
community college or private university (higher education institution) who is ordered to state or
federal reserve component duty with the Arizona National Guard, U.S. Armed Forces Reserves or
any other state's national guard (reserve duty).
Background
The Arizona Board of Regents (ABOR) is the governing entity for Arizona's university
system, which consists of Arizona State University, Northern Arizona University and the
University of Arizona. ABOR may adopt and authorize each university to adopt regulations,
policies or measures as necessary. ABOR's duties include fixing tuition rates and fees, establishing
curricula, designating courses and prescribing student admissions qualifications to the universities
(A.R.S. § 15-1626).
A community college in Arizona is an educational institution, operated by a community
college district governing board, that provides a program of up to four years' training in the arts,
sciences and humanities after 12th grade of the public or private high school course of study or
vocational education, including terminal courses of a technical and vocational nature and basic
adult education courses (A.R.S. § 15-1401).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Authorizes a student attending a higher education institution who is ordered to state or federal
reserve component duty to:
a) withdraw from courses for which tuition and fees have been paid and receive tuition and
fee credit to the student's account at the institution;
b) receive a grade of incomplete and be allowed to complete the course under the institution's
standard practice for incompletes on release from reserve component duty;
c) continue and complete the course for full credit;
d) receive a refund for any amount paid for room, board and fees for the time period the
student did not use the applicable facilities or services due to serving reserve duty; and
e) withdraw and, within one year after release from reserve duty, be readmitted and enrolled
without penalty or redetermination of admission. FACT SHEET – Revised
S.B. 1406
Page 2
2. Requires a higher education institution to consider class sessions a student misses due to
reserve duty to be excused absences and not use the absences to adversely impact the student's
grade or class standing.
3. Allows a faculty member teaching a course to award a grade only if the faculty member
determines the student completed sufficient work and demonstrated sufficient progress toward
meeting course requirements to justify the grade.
4. Prohibits, if sufficient work and progress have been completed to justify awarding a grade, a
missed test, assignment or other event from being used in any way to adversely impact the
student's grade or standing in the class.
5. Allows a student to make up, without prejudice to the final course grade or evaluation, the
following tests, assignments or other events, if missed due to serving reserve duty or receiving
follow-up medical treatment for an injury incurred during service:
a) tests, examinations, laboratories, presentations;
b) class days on which a written or oral assignment is due; or
c) other events on which a course grade or evaluation is based.
6. Authorizes a faculty member teaching a course to award a grade without the makeup activity.
7. Requires the makeup activity to be scheduled after:
a) the student's return from reserve duty; and
b) a reasonable amount of time for the student to prepare for the test, assignment or other
event.
8. Specifies that a student ordered to reserve duty who chooses to continue and complete a course
is not automatically excused from completing assignments during the period of reserve duty.
9. Precludes a student who withdraws due to reserve duty from receiving course credit or a failing
grade, incomplete or other negative annotation on their record.
10. Prohibits the GPA of a student who withdraws due to reserve duty from being altered or
affected in any manner due to the withdrawal.
11. Specifies that any refund for tuition, room, board or fees is subject to the requirements of the
state or federal financial aid programs of origin.
12. Prescribes the following procedures for invoking the outlined protections:
a) the student or appropriate officer from the military organization in which the student will
serve must give written notice of the order to reserve duty; and
b) the student must provide written verification of service on a higher education institution's
request.
13. Defines institution of higher education as an Arizona public university, community college or
private university.
14. Becomes effective on the general effective date. FACT SHEET – Revised
S.B. 1406
Page 3
Revisions
• Adds the procedures by which the outlined protections may be invoked to the provisions.
Prepared by Senate Research
February 14, 2022
LB/slp