20 U.S.C. § 1091c — Readmission requirements for servicemembers

(a) Definition. “Service in the uniformed services” means voluntary or involuntary active-duty service in the Armed Forces, including service by a National Guard or Reserve member. This section does not define other quoted terms it uses. (b) No discrimination. A person who is, applies to be, performs, has performed, applies to perform, or must perform uniformed service may not be denied readmission to a higher-education institution because of that membership, application, service, or obligation. (c) Readmission procedures. (1) A student whose absence is required by uniformed service is entitled to readmission if—(A) the student, an appropriate Armed Forces officer, or a Department of Defense official gives advance written or verbal notice to the appropriate institution official; (B) the absence plus all earlier service-related absences from that institution total no more than five years; and (C) unless this section provides otherwise, the student gives notice of intent to reenroll under paragraph (4). (2) Exceptions. (A) No advance notice is required when military necessity prevents it, such as a classified mission, operation, exercise, or requirement, or one whose public disclosure could compromise or otherwise harm it. (B) A student or appropriate military or Defense official who did not give advance notice may satisfy the notice requirement when seeking readmission by giving the institution an attestation that the student performed uniformed service requiring the absence. (3) This section applies when the student’s cumulative Armed Forces service connected to the institution is no more than five years. The five-year count excludes service—(A) required beyond five years to complete an initial obligated-service period; (B) from which the student could not obtain release orders before five years ended through no fault of the student; or (C) performed while ordered or retained on active duty under the listed provisions of titles 10 or 14; ordered or retained on active duty other than training because of a presidentially or congressionally declared war or national emergency, as determined by the Secretary concerned; ordered to active duty other than training in support of an operational mission for which personnel were ordered under 10 U.S.C. § 12304; ordered to active duty in support of a critical Armed Forces mission or requirement, as determined by the Secretary concerned; or called into federal service as a National Guard member under 10 U.S.C. chapter 13 or § 12406. (4) Notice of intent to return. (A) Except under (B), after service ends the student must notify the institution of intent to return within three years. (B) A student hospitalized or recovering from an illness or injury incurred or worsened during service must notify the institution within two years after the recovery period ends. (C) Missing this application period does not automatically end readmission eligibility; the student remains subject to the institution’s leave policy and general practices. (5) Documentation. (A) A student applying for readmission must provide documents showing that the service limits were not exceeded and that eligibility was not ended by an exception in (d). (B) The institution may not delay or avoid readmission by demanding documents that do not exist or are not readily available at readmission. (6) No change in academic status. The student must be readmitted with the same academic status held at the last attendance. (d) Exception from eligibility. Eligibility ends when—(1) the person is separated from the Armed Forces, including the Guard or Reserves, with a dishonorable or bad-conduct discharge; (2) the person is dismissed as allowed by 10 U.S.C. § 1161(a); or (3) the person is dropped from the rolls under 10 U.S.C. § 1161(b).