Esta ley regula la relación entre las instituciones de educación superior en Puerto Rico y los estudiantes que son miembros de la Reserva de las Fuerzas Armadas de los Estados Unidos o de la Guardia Nacional de Puerto Rico. Establece la política pública para proteger los derechos académicos y financieros de estos estudiantes cuando son activados para el servicio militar, garantizando el reembolso o crédito por cursos abandonados y la acomodación priorizada en cursos al regresar.
(Approved April 11, 2003)
To create an Act to regulate the relationship between the higher education centers and students who work part-time in the United States Armed Forces Reserve and the National Guard in the Commonwealth of Puerto Rico, and for other purposes.
It is the public policy of the Commonwealth of Puerto Rico to encourage education at all levels. To such ends, the Preamble of our Constitution establishes the following, among other things,: "That we consider determining factors in our life..., ...the yearning for education; faith in justice; the devotion for a life of effort, work and peace..." Likewise, Section 5 of Article II of the abovementioned constitutional statute establishes in the pertinent part: "Each person has the right to an education leading to the full development of his personality and to the strengthening of respect for human rights and fundamental freedoms." Although the previous quote refers to the country's public primary and secondary education, a constitutional priority is established as to what Puerto Rico, as a country, understands education should be.
Presently, there is federal legislation to protect persons who work in government, as well as in private enterprises, and are members of the Armed Forces Reserves of the United States in Puerto Rico and the State's National Guards. This legislation provides that employers must retain their
employees' position and acquired benefits during the period when these are called to participate in exercises, conflicts, or wars declared by the Congress of the United States. Contrario sensus, university students do not enjoy the same benefits in terms of their contractual relationship with post-secondary or university centers.
The foregoing results in that the students of the United States Armed Forces Reserves in Puerto Rico and the Puerto Rico National Guard are not protected in regard to academic institutions, nor are they prevented from being academically or financially penalized when called to duty. Certain universities and institutions in Puerto Rico honor the enrollment for the following year, but this is discretionary for each institution, which leaves these students in a state of uncertainty with regard to their academic future.
In the Commonwealth of Puerto Rico, between United States Armed Forces Reserves and National Guard, there are over 6,000 students enrolled in different universities and different institutions of an advanced academic level in Puerto Rico.
This situation is worse today, given the present scenario of world unrest and the state of alert in which we find ourselves, due to the possibility of a war in the Middle East and in North Korea, apart from the one taking place now in Afghanistan against terrorism. This state of affairs directly affects the Puerto Rican youth who study in universities and institutions and who are being called to duty by the different military bodies to which they belong.
Consequently, it is necessary and a moral imperative for this Legislature to protect and safeguard the rights of Puerto Rican students who participate in the United States Armed Forces Reserves in Puerto Rico and in the Puerto Rico National Guard before higher education institutions.
These institutions charge students for tuition, and when they reimburse them the money invested, these reimbursements are very small. Furthermore, their place in the courses in which they were enrolled before being called to serve in war conflicts is not guaranteed for subsequent semesters. Accordingly, this Act is created to establish the rights of university students who participate in the United States Armed Forces Reserves in Puerto Rico and the Puerto Rico National Guard before higher education institutions.
Section 1.- An Act to Regulate the Relationship Between Higher Education Centers and the Students Who Work Part-time in the United States Armed Forces Reserves and the National Guard in the Commonwealth of Puerto Rico is hereby created to read as follows:
Section 2.- Title. This Act shall be known as the "Act to Regulate Contractual Relationships Between Military Students in Post-Secondary Education in the Commonwealth of Puerto Rico and Higher Education Institutions.
Section 3.- Public Policy. It is hereby established to be the public policy of the Commonwealth of Puerto Rico, the strengthening of the intellectual development of students who are members of the United States Armed Forces Reserve in Puerto Rico and of the National Guard, and who, at the same time, are students in the different post-secondary academic institutions, duly accredited and licensed under Act No. 17 of June 16, 1993, better known as "Council on Higher Education of Puerto Rico Act."
Likewise, to add what the Act lacks, or to correct its deficiencies is a legislative function. At the time for rectification, the Legislature shall act as it does now, with great respect towards the autonomy of universities and
public and private schools, which is essential for the free flow of thought, and for intellectual and teaching initiatives to contribute to the social, cultural and economic improvement of our people.
It must be a cardinal principle of the public policy of Puerto Rico to respect such autonomy. The application of this Act and the interpretation of its provisions shall be guided by that principle.
Every public or private higher education institution shall be bound to respect and to recognize the civil and fundamental rights of its students, and those that are acknowledged herein, and that are compatible with the rights that may be held by public and private higher education institution under the Constitutions of the United States of America and the Commonwealth of Puerto Rico.
Section 4.- Definitions. The terms enumerated and defined below (and their derivatives) shall have the indicated meaning, except when a clearly different meaning arises from the context. The words, terms, phrases and other expressions used in this chapter, not expressly defined in this Section, shall have the usual meaning given to them in the academic community except when, from the context, another meaning clearly arises: (1) Council. Means the Council on Higher Education as established by Act No. 17 of June 16, 1993. (2) Higher Education Institution. Means a public or private educational institution that requires a high-school certificate or diploma or its equivalent for admission thereto, and whose academic courses lead at least to an associate degree.
(3) United States Armed Forces Reserves in Puerto Rico. Means the Army, Navy, Air Force, Navy Infantry Corps and Coast Guard Reserves stationed in Puerto Rico. (4) Puerto Rico National Guard. Means that subdivision of the Military Forces of Puerto Rico organized according to Act No. 62 of June 23, 1969, and in agreement with the corresponding federal assignments prescribed by the President of the United States from time to time in accordance with laws of the Federal Congress. (5) Students. Means every student of a higher education institution who is a member of any unit of the military bodies described in subsections 3 and 4 of this Section. (6) Activation. Means the calling and later deployment by the relevant military authorities of soldiers, members of the United States Armed Forces Reserves or the Puerto Rico National Guard to serve full-time in case of exercises, armed conflicts or war.
Section 5.- Applicability. The provisions of this Act shall be applicable to every natural or juridical person, or group thereof, that operates a higher education institution in the Commonwealth of Puerto Rico; or that in any way declares, promises, announces or expresses the intention to grant degrees, diplomas, certificates, titles or other official academic acknowledgements of higher education in Puerto Rico. Likewise, it shall be applicable to students who are members of the United States Armed Forces Reserves in Puerto Rico or the Puerto Rico National Guard, as defined in this Act.
Section 6.- Return, Payment Reimbursement or Credit for Dropped Courses.
Every institution must reimburse or return the money paid for tuition and other expenses paid by the student ${ }_{\mathrm{e}}$ or grant same credit for dropped courses, when the student proves to the institution that he/she has been effectively activated by the United States Armed Forces Reserves in Puerto Rico or in the Puerto Rico National Guard. Likewise, the student must provide original evidence of his/her activation orders to the registrar's office of the institution, at least 15 (fifteen) days before the date of his activation. Otherwise, he/she shall do so within a reasonable time.
The reimbursement or return shall be pro-rated according to the time in the semester when the student has been activated. It shall be the duty of every student to notify the institution, at the beginning of each academic semester, whether he/she is or is not a member of the United States Armed Forces Reserves in Puerto Rico or of the Puerto Rico National Guard.
The reimbursements, returns or credits for the courses mentioned in the previous paragraphs shall be at the request and discretion of the student according to his/her convenience. The abovementioned does not affect the institution's right to establish a term for any of the options described above, during which the student notifies the institution of the option that he/she shall choose. If the student does not comply with the term established by the institution, he/she must accept the option chosen by the institution from those described above.
Section 7.- Reasonable and Prioritized Accommodation in Case of Activation.
When a student is activated by a military body to which he/she belongs, the institution shall ensure a place for him/her in all the courses for
which he/she enrolled, in one of the two academic semesters or quarters after his/her deactivation.
Furthermore, the institution must guarantee to the activated student reasonable and prioritized accommodation in the courses in which he/she was enrolled, or their equivalent, at the time of the activation once he/she has finished the activation term and decides to continue his/her studies. This shall be according to availability of the courses during that semester. The activated students who are candidates for graduation during the semester of their activation shall have priority over other students in the accommodation of the courses.
Section 8.- Withdrawal or incomplete studies The institution must indicate in the activated student's official credit transcript that the reason for the withdrawal or incomplete studies classification during the semester underway was due to an activation order.
Section 9.- Ministerial Duty of the Council on Higher Education It is the ministerial duty of the Council to ensure that the higher education institutions establish administrative measures related to the provisions of this Act. Likewise, the Council is hereby empowered to impose administrative fines on the institutions that breach some or all the provisions established herein. It also may issue orders to cease and desist to the institutions. It can also resort to Court in the case of violations of this Act or the regulations, or when necessary, to enforce the orders issued by the Council and the provisions of this Act.
Section 10.- Constitutional Saving Clause If any provision contained in this Act were declared unconstitutional, said declaration of unconstitutionality shall not affect the remaining provisions of the Act.
Section 11.- Effectiveness. This Act shall take effect thirty (30) days after its approval, but always thirty (30) days before the date when the academic term begins in the institutions referred to in this Act.
I hereby certify to the Secretary of State that the following Act No. 109 (S.B. 2077) of the $5^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to create an Act to regulate the relationship between the higher education centers and students who work part-time in the United States Armed Forces Reserve and the National Guard in the Commonwealth of Puerto Rico, and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $28^{ ext {th }}$ of May of 2004.
Elba Rosa Rodríguez-Fuentes Director