Military Deployment Statute

Military Deployment Arkansas Statute 6-61-112
6-61-112. A student or a student’s spouse called into military service.

(a) A student who ceases attendance at a state-supported post secondary educational institution without completing and receiving a grade in one (1) or more courses shall receive compensation for the resulting monetary loss as provided under this section if the student ceases attendance because:

(1) The student is activated or deployed by the military; or

(2) The student’s spouse is activated or deployed by the military and the student or the student’s spouse has dependent children residing in the household.

(b) (1) To be eligible for the compensation described under this section, the student must provide, prior to activation or deployment, an original or official copy of the military activation or deployment orders to the registrar or other designated school official of the state-supported post secondary educational institution at which the student is enrolled at the time of military activation or deployment.

(2) To be eligible for the compensation described under this section, a student whose spouse is a service member shall provide proof of registration with the Defense Enrollment Eligibility Reporting System of the Department of Defense that establishes that dependent children reside in the household of the student and service member.

(c) (1) The student shall choose from one (1) of the following three (3) compensatory options regarding tuition:

(A) A complete refund of tuition and general fees that are assessed against all students at the institution;

(B) At least one (1) year to complete the course work after the student’s or student’s spouse’s deactivation; or

(C) (i) Free tuition for one (1) semester at the institution where the student’s attendance was interrupted unless federal aid is made available to compensate the student for the resulting monetary loss related to the student’s or student’s spouse’s activation or deployment.

(ii) Federal aid shall not include Pell Grants, other federal grants, or other monetary benefits paid to the student directly or at the student’s direction.

(iii) If a student or student’s spouse is activated or deployed during a semester, the student shall not receive more than one (1) semester of free tuition under this subdivision (c)(1)(C).

(2) This subsection shall not allow a student to recover any amount in excess of the student’s actual monetary loss.

(d) (1) The student shall receive a proportionate refund of room, board, and other fees that were paid to the institution based on the date of the student’s notice of withdrawal from the institution.

(2) If an institution contracts for room, board, or other services from a third party, then the third-party contractor shall provide a refund to the institution for the services or fees in an amount equal to the student’s monetary loss under subdivision (c)(1) of this section;

(e) The student shall receive the maximum price, based on condition, for the textbooks related to the uncompleted courses if the institution has a policy of repurchasing textbooks.

(f) (1) A student’s eligibility for a state-supported scholarship, grant, or loan for attendance at a postsecondary educational institution shall not be affected by the student’s failure to complete any course work because of the student’s or student’s spouse’s military activation or deployment.

(2) The Department of Higher Education shall adopt the necessary rules to ensure that state-supported scholarship, grant, and loan programs comply with the provisions of this section.

(g) (1) For each fiscal year, each state-supported institution of higher education in the state shall report the type and amount of compensatory options provided under this section to the department.

(2) The department shall report to the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth regarding the type and amount of compensatory options provided under this section by each state-supported institution of higher education no later than October 1 of each year beginning in 2006 and each year thereafter.