ALL Military Personnel Now Have Special FEDERAL Protections While Attending Postsecondary Education Schools

The below information is of great value to ALL military personnel taking college courses and college administrators.  If military personnel and schools are not aware of the below they cannot use its protections or comply with it.

On August 14, 2008, President George W. Bush signed into law the Higher Education Opportunity Act of 2008, Public Law 110-315.  Section 487 of that Act accords the postsecondary education student whose education was interrupted by voluntary or involuntary military service the right to readmission to the educational program.  These new requirements apply to any educational institution that participates in title IV federal student financial aid programs, including Pell Grants, Stafford Loans, and the Federal Work-Study Program.

This new law applies to the student who is a member of the National Guard or Reserve and who is called to active duty involuntarily or volunteers for an extended period of active duty.  The law also applies to the student who starts an educational program (often part-time) while on active duty and who then must interrupt the educational program because of a deployment or a Permanent Change of Station (PCS).  The law also applies to a student who interrupts his or her education to enlist in a regular component of the armed forces.  Such a person is entitled, as a matter of federal law, to resume the educational program later, either during or after the person’s active duty service.

This new law went into effect on August 14, 2008 (the date of enactment) and is codified under 20 United States Code (U.S.C.) Section 1091c.  I invite the reader’s attention to Readmission Requirements for Servicemembers, Public Law 110-315 Section 487.

Click here to read more detail about this article http://www.roa.org/site/PageServer?pagename=law_review_1052

Updated on 12-16-11

FEDERAL LAW AND REGULATIONS - AND SOME STATES - PROTECT ACTIVE DUTY, GUARD, AND RESERVE MILITARY PERSONNEL WHO ARE ATTENDING POST SECONDARY EDUCATION SCHOOLS IF THEY HAVE TO MISS SCHOOL DUE TO MILITARY ORDERS

The Higher Education Opportunity Act of 2008, codified under 20 United States Code (U.S.C.) Section 1091c, and implemented by  federal regulations, 5 Code of Federal Regulations (C.F.R) section 668.18, accord the postsecondary education student whose education was interrupted by voluntary or involuntary military service the right to readmission to the educational program without penalty.  These requirements apply to any educational institution that participates in title IV federal student financial aid programs, including Pell Grants, Stafford Loans, and the Federal Work-Study Program.

This applies to the student who is a member of the National Guard or Reserves and who is called to active duty involuntarily or volunteers for an extended period of active duty.  It applies to the student who starts an educational program (often part-time) while on active duty and who then must interrupt the educational program because of a deployment or a Permanent Change of Station (PCS).  It also applies to a student who interrupts his or her education to enlist in a regular component of the armed forces. Such a person is entitled, as a matter of federal law, to resume the educational program later, either during or after the person’s active duty service.

EXTRA NOTE – LOCAL STATE LAW MAY PROVIDE EVEN MORE RIGHTS AND PROECTION:  Always check to see if the state your college is in has any laws on this subject and any school policies that may give one more rights and options.  There may be instances where active military service due to its short duration (or how mobilized for National Guard personnel) does not receive the subject Federal education protection.  In those cases in particular, one should check to see what laws the local state government has.  Some states even give the service member the ability to sue the school for violating the state’s law.  Here is a list of eighteen (18) states that are known to have such laws or written policies:  Alabama, Arkansas, California, Colorado, Florida, Iowa, Louisiana, Minnesota, Mississippi, Missouri, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Texas, West Virginia, and Wisconsin.   If your state is not listed, double check anyway as the list may not be exhaustive.     See also http://www.soc.aascu.org/socconsortium/PolicyLetters.html  for a listing of some of these states’ laws and regulations.

Opportunity for Servicemembers and Veterans February 2011 Newsletter http://www.soc.aascu.org/pubfiles/socmisc/Opportunity211.pdf

Reserve Officers Association (ROA) Law Review Number 1052, Readmission of Servicemembers to Postsecondary Institutions – Details Regarding the Department of Education (DOE) Regulations Implementing the New Law on Mandatory Readmission of Mobilized Reserve and Guard and Active Duty Students

(http://www.servicemembers-lawcenter.org/LAW_REVIEW_1052.html )

The U.S. Department of Education PowerPoint presentation entitled “Readmission of Servicemembers to Post-Secondary Institutions” posted on the Department of Defense’s Defense Activity for Non-Traditional Education Support (DANTES) web site.
http://www.dantes.doded.mil/Dantes_web/library/docs/news/ReadmissionofServicemembers.pdf

The U.S. Department of Education “Frequently Asked Questions: Institutional Readmission Requirements for Servicemembers” http://www2.ed.gov/policy/highered/guid/readmission.html

The above material was provided by:  Commander Wayne L. Johnson, Judge Advocate General’s Corps (JAGC), Navy (Retired), Alexandria, VA

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