|
They require institutions of higher education to promptly readmit with the same academic status a servicemember who was previously admitted to the institution but who did not attend, or did not continue to attend, because of service in the uniformed services.
TOPThe purpose of the readmission requirements is to minimize the disruption to the lives of servicemembers, allowing them to return to an institution of higher education without penalty for having left because of their service.
TOPCongress added the requirements to the law in 2008 (section 484C of the Higher Education Act of 1965, as amended, or 20 U.S.C. 1091c). The U.S. Department of Education published regulations that further implemented the law on October 29, 2009. Many parts of the law and regulations are based on the Uniformed Services Employment and Reemployment Rights Act (USERRA) (38 U.S.C. 4301-4334) which establishes the process for servicemembers to return to employment after serving on active duty. The final regulations can be accessed at http://www.ifap.ed.gov/fregisters/FR102909GeneralandNonLoanProgrammatic
FinalRule.html. The United States Code (U.S.C.) can be accessed at http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE.
The law went into effect August 14, 2008 (the day the law was enacted). The regulations went into effect July 1, 2010. The requirements are effective for readmissions of servicemembers on or after those dates.
TOPThese requirements apply to any institution of higher education that participates in a Title IV Federal student financial aid program, such as the Pell Grant Program, Stafford Loan Program, or Federal Work-Study Program. For a list of all Title IV Federal student financial aid programs, go to the Department's "Student Aid on the Web" web site at http://studentaid.ed.gov/PORTALSWebApp/students/english/funding.jsp#01 and look under the heading "Federal Student Aid Programs."
TOPThe readmission requirements apply to servicemembers who perform service in the uniformed services, whether voluntary or involuntary, in the Armed Forces, including service as a member of the National Guard or Reserve, on active duty, active duty for training, or full-time National Guard duty under Federal authority (but not State authority), for a period of more than 30 consecutive days under a call or order to active duty of more than 30 consecutive days.
TOPNo. The readmission requirements apply to servicemembers who have completely withdrawn from an institution for a period of service of more than 30 consecutive days. They do not apply to how an institution handles a servicemember’s absence from class to attend training.
TOPYes. An otherwise eligible servicemember qualifies if:
Notice of absence for service must be provided by the servicemember or an appropriate officer of the Armed Forces or official of the Department of Defense—that is, a commissioned, warrant, or noncommissioned officer authorized to give such notice. The notice of absence for service may be oral or written. It must be provided to an office designated by the institution and must be provided as far in advance as is reasonable under the circumstances. An institution must designate one or more offices that a servicemember may contact to provide such notification. An institution may not require that the notice follow any particular format. An institution may not establish a rule for timeliness (for example, a "brightline" deadline for submission); timeliness must be determined by the facts in a particular case. The notice does not need to indicate whether the servicemember intends to return to the institution.
TOPYes. Advance notice is not required if it is precluded by military necessity (for example, a mission, operation, exercise, or requirement that is classified; or a pending or ongoing mission, operation, exercise, or requirement that may be compromised or otherwise adversely affected by public knowledge). If advance notice was not given and was not precluded by military necessity, the servicemember or appropriate officer of the Armed Forces or official of the Department of Defense may submit an attestation when seeking readmission that the servicemember performed service that necessitated the servicemember's absence.
TOPThe cumulative length of a servicemember's absences from the institution for service includes only the time the servicemember spent actually performing service in the uniformed services. A period of absence from the institution before, after, or in between performing service does not count (for example, the period between completing service and returning to the institution).
TOPYes. The five-year cumulative length of absences does not include service--
Notice of intent to return must be provided by the servicemember. It may be oral or written and must be provided to an office designated by the institution. An institution must designate one or more offices that a servicemember may contact to provide such notification. An institution may not require that the notice follow any particular format. In addition to providing notice, the servicemember must provide documentation to establish that--
Documents that may be used for this purpose include:
The types of documents necessary will vary from case to case. Not all of these documents are available or necessary in every instance. An institution may not delay or attempt to avoid readmission of a servicemember by demanding documentation that does not exist, or is not readily available, at the time of readmission.
TOPNotice of intent to return must be provided not later than three years after the completion of the period of service. For a servicemember who is hospitalized for or convalescing from an illness or injury incurred in, or aggravated during, the performance of service, notice must be provided not later than two years after the end of the period that is necessary for recovery from such illness or injury.
TOPNo. A servicemember who fails to provide notice of intent to return within the applicable time period does not automatically forfeit eligibility for readmission to an institution, but is subject to the institution’s established leave of absence policy and general practices.
TOPTo promptly readmit a servicemember means that an institution must readmit the servicemember into the next class or classes in the servicemember's program beginning after the servicemember provides notice of his or her intent to reenroll, unless the servicemember requests a later date of readmission, or unusual circumstances require the institution to admit the servicemember at a later date. For example, a later date of admission would be justified if an institution must make efforts to help the servicemember become prepared to resume the program, and such efforts would not be completed in time for the servicemember to begin the next class.
TOPTo readmit a servicemember with the same academic status means that the institution readmits the servicemember:
The institution must make reasonable efforts at no extra cost to the servicemember to help him or her become prepared, or to enable him or her to complete the program including, but not limited to, providing refresher courses and/or allowing the servicemember to retake a pretest. Reasonable efforts are actions that do not place an undue hardship on the institution. An undue hardship exists if an action requires significant difficulty or expense when considered in light of the overall financial resources of the institution and the impact otherwise of such action on the operation of the institution.
TOPYes. An institution is not required to readmit a servicemember if it determines, after reasonable efforts, that the servicemember is not prepared to resume the program at the point where he or she left off, or is unable to complete the program. In addition, an institution is not required to readmit a servicemember if it determines that there are no reasonable efforts it can take to prepare the servicemember to resume at the point where he or she left off, or to enable the servicemember to complete the program. The institution carries the burden to prove by a preponderance of the evidence that the servicemember is not prepared to resume the program with the same academic status at the point where the servicemember left off, or that the servicemember will not be able to complete the program.
TOPThese readmission requirements supersede any State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any manner any right or benefit provided by these requirements for the period of enrollment during which the servicemember resumes attendance, and continues to do so as long as the institution is unable to comply with such requirements through other means. Thus, an institution must readmit an eligible servicemember even if doing so would cause a class to exceed the maximum enrollment level set by the State. However, these requirements do not supersede, nullify, or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes an individual's right or benefit that is MORE beneficial or in addition to these rules.
TOPYes. A servicemember's eligibility for readmission terminates upon the occurrence of:
For additional information, or to submit a complaint, please e-mail: readmission@ed.gov.
TOP
Last Modified: 04/06/2022
|