20-1-604. Student rights. (1) An eligible student may not be denied admission or readmission to an educational institution on the basis of the student's membership in the reserve component of the United States armed forces or in the Montana national guard.

(2) If an eligible student is ordered to active duty while enrolled in one or more courses at an educational institution, the faculty shall, when consistent with accreditation requirements:

(a) assign a final passing grade in the course if, in the faculty's judgment, enough of the course requirements have been completed;

(b) assign an incomplete in the course and extend the period of time in which the student may complete course requirements; or

(c) allow the student to withdraw from the course and receive financial credit as provided in 20-1-605.

(3) If an eligible student reenrolls in one or more courses at an educational institution within 12 months after returning from the active duty that interrupted the student's previous enrollment at the institution, the student must, to the extent possible, be readmitted with the same academic status that the student had when ordered to active duty, unless the student requests or agrees to admission with a different academic status.

(4) (a) If an eligible student misses an assignment, exam, midterm, or final because of inactive duty training or annual training while enrolled in one or more courses at an educational institution, the eligible student shall provide notice of the absence at least 5 business days ahead of time to the course faculty, unless a shorter notice period is required because of military necessity.

(b) If the eligible student provides notice pursuant to subsection (4)(a), the faculty shall, when consistent with accreditation requirements, give the eligible student at least 15 business days to make up the missed assignment, exam, midterm, or final, unless the educational institution certifies that a shorter make-up period is necessary to comply with federal financial aid requirements or graduation requirements.

(c) If an educational institution certifies a need for a shorter make-up period pursuant to subsection (4)(b), the make-up period may not be less than 5 business days.