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School Certifying Official,
In an effort to keep our partners informed, we wish to provide an update about a recent change in the law. Public Law 117-328, which was signed on December 29, 2022, adds to Title 38 of the U.S. Code a new section, section 3691A “Withdrawal or leave of absence from certain education.” Section 3691A creates new obligations for colleges and universities when an enrolled student who is a member of the Armed Forces (including reserve components) receives orders “to perform a period of service” (i.e., active duty, inactive duty training, or state service). We also want to assure our partners that we are collaborating closely with stakeholders like you while we work to review, interpret, and provide guidance regarding the requirements of this statute.
Specifically, 38 U.S.C. §3691A(a)(2)(B) provides that an educational institution may not take the following actions when a member receives orders for a period of service:
- Assigning the member a failing grade,
- Reducing the member’s grade point average,
- Characterizing any member’s absence(s) as unexcused, or
- Assessing a financial penalty on a member because of a withdraw or leave of absence due to receiving orders for service.
Additionally, 38 U.S.C. §3691A(b) provides that an educational institution must take the following actions when a member withdraws due to receiving orders for a period of service:
- Refunding all tuition and fees paid for the academic term to the appropriate party. Please note that VA’s interpretation of academic term is the term as reported to your State Approving Agency and VA.
- Refunding payments made by the student (or behalf of the student) to the institution for housing. Please note that in this instance the reference to housing is not the monthly housing allowance provided by the Post 9/11 GI Bill but rather housing costs such as dorm fees.
Finally, 38 U.S.C. §3691A(c) provides that an educational institution must take the following actions when a member takes a leave of absence from a course(s) due to receiving orders for a period of service:
- Assigning a grade of incomplete (or equivalent) for the course(s) during the term, and
- Providing the opportunity to complete the term after the period of service.
We understand that there are likely to be questions regarding the specific requirements of the new law and how it will be administered on your campus. VA is continuing its efforts to interpret the law and will be collaborating with stakeholders to develop additional guidance for campuses in the coming months.
Respectfully,
Education Service
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