20-1-225. Compliance with Military Selective Service Act for postsecondary financial assistance — rulemaking — definitions. (1) A postsecondary educational institution may not provide student financial assistance to or enroll as a student an individual who is receiving or will receive student financial assistance unless the individual has complied with the registration requirements of the federal Military Selective Service Act, 50 App. U.S.C. 451, et seq. However, this prohibition does not apply to an individual who:

Terms Used In Montana Code 20-1-225

  • Board of regents: means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 20-1-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • System: means the Montana university system. See Montana Code 20-1-101
  • University: means the university of Montana-Missoula. See Montana Code 20-1-101
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204

(a)by a preponderance of the evidence shows that the failure to register was not done knowingly or willfully; or

(b)is exempt from registration under the provisions of the Military Selective Service Act.

(2)The board of regents shall adopt rules to implement this section.

(3)The following definitions apply to this section:

(a)”Postsecondary educational institution” means:

(i)the Montana university system; or

(ii)any other postsecondary school:

(A)accepting as a student an individual receiving student financial assistance; or

(B)accepting state funds.

(b)”Student financial assistance”:

(i)means a grant, loan, or insurance on a loan, all or a part of which is provided by the state; and

(ii)includes money given or to be given pursuant to:

(A)the reimbursement for services provided to resident nonbeneficiary students provision in 20-25-428;

(B)the work-study program provided for in Title 20, chapter 25, part 7;

(C)the Montana resident student financial aid program provided for in Title 20, chapter 26, parts 1 and 2; or

(D)the guaranteed student loan program provided for in Title 20, chapter 26, part 11.

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