In this section, the term "service in the uniformed services" means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve, for a period of more than 30 days under a call or order to active duty of more than 30 days.
A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied readmission to an institution of higher education on the basis of that membership, application for membership, performance of service, application for service, or obligation.
Any student whose absence from an institution of higher education is necessitated by reason of service in the uniformed services shall be entitled to readmission to the institution of higher education if-
No notice is required under paragraph (1)(A) if the giving of such notice is precluded by military necessity, such as-
Any student (or an appropriate officer of the Armed Forces or official of the Department of Defense) who did not give advance written or verbal notice of service to the appropriate official at the institution of higher education in accordance with paragraph (1)(A) may meet the notice requirement by submitting, at the time the student seeks readmission, an attestation to the student's institution of higher education that the student performed service in the uniformed services that necessitated the student's absence from the institution of higher education.
This section shall apply to a student who is absent from an institution of higher education by reason of service in the uniformed services if such student's cumulative period of service in the Armed Forces (including the National Guard or Reserve), with respect to the institution of higher education for which a student seeks readmission, does not exceed five years, except that any such period of service shall not include any service-
Except as provided in subparagraph (B), a student referred to in subsection (a) shall, upon the completion of a period of service in the uniformed services, notify the institution of higher education of the student's intent to return to the institution not later than three years after the completion of the period of service.
A student who is hospitalized for or convalescing from an illness or injury incurred in or aggravated during the performance of service in the uniformed services shall notify the institution of higher education of the student's intent to return to the institution not later than two years after the end of the period that is necessary for recovery from such illness or injury.
A student who fails to apply for readmission within the period described in this section shall not automatically forfeit such eligibility for readmission to the institution of higher education, but shall be subject to the institution of higher education's established leave of absence policy and general practices.
A student who submits an application for readmission to an institution of higher education under this section shall provide to the institution of higher education documentation to establish that-
An institution of higher education may not delay or attempt to avoid a readmission of a student under this section by demanding documentation that does not exist, or is not readily available, at the time of readmission.
A student who is readmitted to an institution of higher education under this section shall be readmitted with the same academic status as such student had when such student last attended the institution of higher education.
A student's eligibility for readmission to an institution of higher education under this section by reason of such student's service in the uniformed services terminates upon the occurrence of any of the following events:
1 See References in Text note below.
20 U.S.C. § 1091c
EDITORIAL NOTES
REFERENCES IN TEXTSections 251 and 252 of title 14, referred to in subsec. (c)(3)(C)(i), probably should be references to sections 2127 and 2128 of title 14. Prior to amendment by Pub. L. 115-232, §1204(b)(2) (see 2018 Amendment note below), those references were to sections 331 and 332 of title 14 and probably should not have been amended by Pub. L. 115-232 to conform to the renumbering of those sections as sections 251 and 252 because the renumbered sections were in title 10 of the Code and not title 14. Sections 331 and 332 of title 14 were renumbered sections 2127 and 2128, respectively, of title 14 by Pub. L. 115-282, §112, 132 Stat. 4216, and references to sections 331 and 332 of title 14 deemed to refer to such redesignated sections, see section 123(b)(1) of Pub. L. 115-282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115-282 note preceding section 101 of Title 14, Coast Guard. Sections 359, 360, 367, and 712 of title 14, referred to in subsec. (c)(3)(C)(i), were renumbered sections 2308, 2309, 2314, and 3713, respectively, of title 14 by Pub. L. 115-282, §§113, 118, 132 Stat. 4221, 4233, and references to sections 359, 360, 367, and 712 of title 14 considered to refer to such sections, see section 123(b)(1) of Pub. L. 115-282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115-282 note preceding section 101 of Title 14, Coast Guard.
PRIOR PROVISIONSPrior sections 1091c to 1091f were repealed, effective Sept. 30, 1976, by Pub. L. 94-482, title I, §151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151. Section 1091c, Pub. L. 89-329, title V, §504, as added Pub. L. 90-35, §2(c), June 29, 1967, 81 Stat. 83; amended Pub. L. 90-575, title II, §231(a), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92-318, title I, §141(a)(1)(B), (c)(1)(B), June 23, 1972, 86 Stat. 284, 285, authorized the Commissioner to make grants or contracts with State or local educational agencies for attracting qualified persons to the field of education. Section 1091d, Pub. L. 89-329, title V, §505, as added Pub. L. 90-35, §2(c), June 29, 1967, 81 Stat. 84, required the Commissioner to consult with the National Science Foundation and the National Foundation on the Arts and the Humanities in development and review of programs. Section 1091e, Pub. L. 89-329, title V, §506, as added Pub. L. 90-35, §2(c), June 29, 1967, 81 Stat. 84, authorized transfer of funds for programs for education professions development.Section 1091f, Pub. L. 89-329, title V, §507, as added Pub. L. 90-35, §2(c), June 29, 1967, 81 Stat. 84, authorized employment of experts and consultants and set forth provisions for compensation and travel expenses.
AMENDMENTS2018-Subsec. (c)(3)(C)(i). Pub. L. 115-232, §1204(b)(2), substituted "section 251, 252," for "section 331, 332,".Subsec. (c)(3)(C)(v). Pub. L. 115-232, §1204(a)(6), substituted "chapter 13" for "chapter 15".