Us Code § 3691A - Withdrawal or leave of absence from certain education
Full text of Us Code United States Code § 3691A — Withdrawal or leave of absence from certain education, with citation guidance and answers to common questions.
§ 3691A. Withdrawal or leave of absence from certain education
(a)
(2)(A) 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).
(B) Adverse actions under subparagraph (A) include the following:
(i) The assignment of a failing grade to a covered member for covered education.
(ii) The reduction of the grade point average of a covered member for covered education.
(iii) The characterization of any absence of a covered member from covered education as unexcused.
(iv) The assessment of any financial penalty against a covered member.
(b)
(c)
(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)
(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.
(Added Pub. L. 117–328, div. U, title II, §216(a), Dec. 29, 2022, 136 Stat. 5455.)
About This Section
38 U.S.C. § 3691A is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 38 U.S.C. § 3691A. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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