Protections for Student Veterans Act

“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.”

“(m) Accelerated payments for certain flight training

“(1) Payments—An individual enrolled in a program of education pursued at an institution of higher learning in which flight training is required to earn the degree being pursued (including with respect to a dual major, concentration, or other element of such a degree) may elect to receive accelerated payments of amounts for tuition and fees determined under subsection (c). The amount of each accelerated payment shall be an amount equal to twice the amount for tuition and fee so determined under such subsection, but the total amount of such payments may not exceed the total amount of tuition and fees for the program of education. The amount of monthly stipends shall be determined in accordance with such subsection (c) and may not be accelerated under this paragraph.

“(2) Educational counseling—An individual may make an election under paragraph (1) only if the individual receives educational counseling under section 3697A(a) of this title.

“(3) Charge against entitlement—The number of months of entitlement charged an individual for accelerated payments made pursuant to paragraph (1) shall be determined at the rate of two months for each month in which such an accelerated payment is made.”

“(cc) A program of education pursued at a public institution of higher learning in which the public institution of higher learning enters into a contract or agreement with an entity (other than another public institution of higher learning) to provide such program of education or a portion of such program of education.”