Establishment of protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service

(a)

Establishment

Chapter 36 of title 38, United States Code, amended by inserting after section 3691 the following new section:

3691A.

Withdrawal or leave of absence from certain education

(a)

In general

(1)

Withdrawal or leave of absence

A covered member may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.(2)

Prohibition on adverse action

The institution concerned may not take any adverse action against a covered member on the basis that such covered member withdraws or takes a leave of absence under paragraph (1). Adverse actions include the following:(A)The assignment of a failing grade to a covered member for covered education.(B)The reduction of the grade point average of a covered member for covered education.(C)The characterization of any absence of a covered member from covered education as unexcused.(D)The assessment of any financial penalty against a covered member.(b)

Withdrawal

If a covered member withdraws from covered education under subsection (a), the institution concerned shall refund all tuition and fees (including payments for housing) for the academic term from which the covered servicemember withdraws.(c)

Leave of absence

If a covered member takes a leave of absence from covered education under subsection (a), the institution concerned shall—(1)assign a grade of incomplete (or equivalent) to the covered member for covered education for the academic term from which the covered member takes such leave of absence; and(2)to the extent practicable, permit the covered member, upon completion of the period covered service, to complete such academic term.(d)

Definitions

In this section:(1)The term covered education means a course of education—(A)at an institution of higher education; and(B)paid for with educational assistance furnished under a law administered by the Secretary.(2)The term covered member means a member of the Armed Forces (including the reserve components) enrolled in covered education.(3)The term covered service means—(A)active service or inactive-duty training, as such terms are defined in section 101 of title 10; or(B)State active duty, as defined in section 4303 of this title.(4)The term institution concerned means, with respect to a covered member, the institution of higher education where the covered member is enrolled in covered education.(5)The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).(6)The term period of covered service means the period beginning on the date on which a covered member enters covered service and ending on the date on which the covered member is released from covered service or dies while in covered service.

(b)

Clerical amendment

The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item:

3691A.Withdrawal or leave of absence from certain education.