Protections for Student Veterans Act of 2022

“3691A. Withdrawal or leave of absence from certain education

“(a) In general

“(1)

“(A) Subject to subparagraph (B), a covered individual may, after receiving orders to enter a period of covered service, withdraw or take a leave of absence from covered education.

“(B) Subparagraph (A) shall not apply to a covered individual who is not abiding the regularly prescribed standards and practices of the educational institution concerned for attendance, conduct, and progress.

“(2)

“(A) The institution concerned may not take any adverse action described in subparagraph (B) against a covered individual on the basis that such covered individual withdraws or takes a leave of absence under paragraph (1).

“(B) The adverse actions described in this subparagraph are as follows:

“(i) The assignment of a failing grade to a covered individual for covered education.

“(ii) The reduction of the grade point average of a covered individual for covered education.

“(iii) The characterization of any absence of a covered individual from covered education as unexcused.

“(iv) The assessment of any financial penalty against a covered individual.

“(b) Withdrawal—If a covered individual 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 individual withdraws.

“(c) Leave of absence—If a covered individual 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 individual for covered education for the academic term from which the covered individual takes such leave of absence; and

“(2) to the extent practicable, permit the covered individual, upon completion of the period of 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 individual means an individual who—

“(A) is enrolled in covered education; and

“(B) is—

“(i) a member of the Armed Forces (including the reserve components); or

“(ii) the spouse of a member described in clause (i).

“(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 individual, the institution of higher education where the covered individual 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 individual or the spouse of a covered individual enters covered service and ending on the date on which the covered individual or spouse is released from covered service or dies while in covered service.”