SB 1406
Initials CH Page 1 Transmitted
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
Senate: ED DPA 8-0-0-0 | 3rd Read 26-0-4-0
House: ED DP 10-0-0-0 | 3rd Read 58-0-2-0
SB 1406: excused military absences; higher education
Sponsor: Senator Gowan, LD 14
Transmitted to the Governor
Overview
Prescribes protections for a person who is a National Guard or United States Armed Forces
Reserves member, a student at an Arizona institution of higher education and who is ordered to
state or federal reserve component duty (reserve duty), or a person who is a student at an Arizona
institution of higher education and whose spouse is ordered to reserve duty.
History
Statute prescribes employment protections for National Guard or United States Armed Forces
Reserves members, including protections for members who take leaves of absence from
employment to comply with competent orders for active duty or to attend camps, maneuvers,
formations or armory drills (A.R.S. § 26-168).
Statute tasks ABOR with exercising the powers necessary for the effective governance and
administration of the institutions under its control, including authorizing each university to adopt
regulations, policies, rules or measures deemed necessary for the universities' administration and
governance (A.R.S. § 15-1626).
A community college is an educational institution that provides program training in the arts,
sciences and humanities beyond the 12th grade. A community college is operated by a
community college district governing board (A.R.S. § 15-1401).
Provisions
1. Allows a student at an Arizona institution of higher education who is ordered to reserve duty,
or is the spouse of such a student and who is at an Arizona institution of higher education, to:
a) Withdraw from one or more courses for which tuition and fees have been paid and be
credited the tuition and fees to their account at the institution;
b) Receive a grade of incomplete and be allowed to complete the course, under prescribed
circumstances;
c) Continue and complete the course for full credit, in accordance with any academic unit or
institution requirements or in compliance with accreditation and certification standards;
d) Receive a refund for any amount paid for room, board and fees attributable to the time
period during reserve duty that the student did not use; and
e) Withdraw, be readmitted and enrolled as a student at the institution, without penalty or
redetermination of admission eligibility, within one year after release from reserve duty.
(Sec. 1)
2. Applies these options and protections to a student whether the student attends class in person
or online and whether the student is stationed in or outside of Arizona. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1406
Initials CH Page 2 Transmitted
3. Stipulates refunds for tuition, room, board and fees are subject to the requirements of the state
or federal financial aid programs of origin. (Sec. 1)
4. Declares a student, for courses from which the student withdrew, may not:
a) Receive credit, a failing grade, an incomplete or another negative annotation on the
student's record; or
b) Have their grade point average altered or affected in any manner. (Sec. 1)
5. States class sessions a student misses due to reserve duty are counted as excused absences
and may not be used to adversely impact the student's grade or standing in the class. (Sec.
1)
6. Asserts a student who selects to continue and complete a course for full credit is not
automatically excused from completing assignments due during the reserve duty period. (Sec.
1)
7. Stipulates a grade may only be awarded to a student who chooses to continue and complete
a course if the faculty member determines the student has completed sufficient work and
progress toward meeting course requirements to justify the grade. (Sec. 1)
8. Authorizes a student to make up any test, examination, laboratory, presentation or class day
missed due to reserve duty or follow-up medical treatment for an injury incurred during reserve
duty without prejudice to the final course grade or evaluation. (Sec. 1)
9. Details when the makeup activity must be scheduled for the student. (Sec. 1)
10. Allows a grade to be awarded without makeup activity if a faculty member determines the
student completed a sufficient amount of work and progress toward meeting course
requirements to justify the grade. (Sec. 1)
11. Prohibits a missed test, examination, laboratory, presentation, class or event from being used
to adversely impact the student's grade or standing in the class. (Sec. 1)
12. Outlines the process a student must follow to invoke the specified protections. (Sec. 1)
13. Specifies an institution of higher education is not prevented from providing additional options
or protections to students who are ordered to reserve duty. (Sec. 1)
14. Defines institution of higher education. (Sec. 1)