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Going Back to College After Deployment, Injury, or Prolonged Absence

Did you know that federal, state, and institutional protections are in place for individuals returning to school after deployment, military-related injury, or other personal circumstances?  While they vary widely, it’s valuable for you to know what to do should you experience something that requires a prolonged absence from your studies. While this article primarily focuses on military leave, it may also cover other situations.

Here are some of the most common reasons why you may have protection under federal, state, or college or university policies:

• Deployment or Mobilization – You are called to active duty while enrolled in a college or university
• Training Exercises and TDY – You are required to attend an annual 2-week training during final exams
• Service-Connected Illness or Injury (Active Duty/Guard/Reserve) – You were injured while on active duty and need time to recover medically
• Career change forcing an unexpected return to higher education
• Mental Health Issues – As a result of your service, you are experiencing health complications affecting your ability to study
• Family Obligations – A family member requires assistance with health or other tasks
• Learning Difficulties – You are experiencing trouble reading, digesting, or performing requisite academic responsibilities

While protections exist, there are circumstances where they are not applicable, including:

• Failure to give adequate notice to your school
• Withdrawal for non-military reasons
• Receipt of a dishonorable or general under honorable conditions

Other Circumstances

Some, but not all, protections may also apply to other circumstances that may result from or cause a prolonged absence.

•  Americans with Disabilities Act (ADA) – Title 10 of the ADA assists with specific health-related injuries that may result from military service, including mental health conditions and chronic pain. If you are experiencing anything that you feel may qualify, you should register with your school’s disability office to request reduced course loads, modified housing, and other accommodations. Schools are legally required to provide these by law.

•  Withdrawal – If you sustained an injury and were unable to withdraw during your school’s drop/add period, you may be able to withdraw without any effect on your GI Bill payments and access tuition and housing support.

•  Hardship Withdrawal – Some schools may offer “emergency leave” or even retroactive withdrawal in instances such as job loss, death in the family, or homelessness. Withdrawal qualifications and processes should be defined in the course catalog or handbooks and should be requested in writing to the Dean or Registrar.

•  School Closure or Program Elimination – There has been an increase in school closures and mergers over the past five years, making this provision increasingly important. This is also covered in Isakson & Roe, and you will need to document the closure to the VA and apply for a loan discharge.

Federal Protection

The federal government has some protections to support you should you need to pause your college or university coursework. Let’s take a look at what they do and how they can benefit you:

Higher Education Opportunity Act (HEOA) – Passed in 2008, HEOA requires schools to readmit deployed active-duty servicemembers who need to leave school for military service of more than 30 days. Furthermore, schools must permit the returning student to enroll in the same or a comparable program with no penalty to their credits or standing. You will have 3 years from discharge from active duty or 2 years if you are discharged due to illness. It’s important to note that this statute is only applicable to those schools that receive federal funding.

Uniformed Service Employment and Reemployment (USERRA) – This preceded HEOA and is primarily focused on employment rights, although it may also help maintain your federal education benefits. Following the events of 9/11, lawmakers updated USERRA to be more effective for deployed active-duty, Guard, and Reserve members. If you’re employed, you will want to confirm that you will return to the same or a similar role you held before leave, retaining the same salary and seniority. Additionally, you can keep your health benefits for up to 24 months, but the total duration is limited to 5 years. You will also need to provide advance notice, so if you plan to use USERRA, it’s essential to consult with your human resources or other relevant office to determine what your job responsibilities entail.

Servicemembers Civil Relief Act (SCRA) – If you serve in either the Guard or Reserves, you may have other safeguards when you are on federal (Title 10) orders. Here are a few provisions:

• Any interest rates for federally-backed student loans (and select private ones) are capped at 6%
• Eliminates penalties for foreclosures, evictions, or default judgments
• Prohibits penalties for breaking leases

GI Bill Laws (Title 38, U.S. Code) – These don’t relate directly to taking a break from school but instead, protect you from adverse actions against you when using the Post-9/11 GI Bill (Chapter 33), Montgomery GI Bill (Chapter 30), and Dependents Education Assistance (Chapter 35). They require the protections below:

You will not be charged penalties or dropped while awaiting your VA payments. Schools must give you at least 30 days ‘ notice before any punitive action is taken against you

Veterans Readiness and Employment (VR&E Chapter 31) – If you are the recipient of VR&E, some circumstances may necessitate an academic interruption, including medical emergencies, family issues, educational challenges, deployment, military requirements, and other specific personal challenges. While you may be eligible to pause your classwork, there are stringent rules and procedures that you will need to follow.

First and foremost, you will need to contact your assigned VR&E Counselor to document the circumstances necessitating the break (additional paperwork may need to be provided). There are 2 different statutes for the “Interrupted” or” Discontinued.”

If you intend to return to classwork, you will want to ensure that you are categorized as “Interrupted.” Typically, your status will be reviewed every six months. While there is no identified limit on your time away from school, you must maintain contact with your counselor and chronicle all documents pertinent to your case.

Isakson – Roe Act (2021) – This 2020 statute mandates that all schools that receive GI Bill or other VA education benefits annually certify that they have formal procedures in place to support either deployed students or those on military leave. The law directly connects VA funding to their maintenance. These call for:Public posting of withdrawal, interruption, and readmission policies

• No academic or financial penalties
• Readmission to the same or similar program
• Maintain all prior earned credits, grades, and standing
• Allow for withdrawal with refund options
• Academic accommodation including additional time to complete courses, pass/fail grading (when permitted), deferred exams or assignments.

Making the Most of Federal Protection

If you think you may be eligible for the federal protections listed above, we’ve outlined strategies below to help you optimize these provisions:

• Notify your school in writing as soon as you know when you will need time off for military service. It may be possible to do so retroactively, but time limits may apply
• Put your orders, DD-214, or any other relevant notifications that demonstrate that your absence was the result of mandatory military service in a safe place. These will be critical
• Refer to the above federal policies to support your rights to return to school with your previous status and in the same or similar program without penalty. The only exception to this is when a program has been eliminated
• If you prefer, you may be eligible to receive a tuition refund or credit
• Know what campus resources are available on your campus to help you determine what is necessary to go back to school and retain your benefits. These may include, but are not limited to, your school’s Veterans Resource Office or School Certifying Official (SCO)
• If you need further assistance, contact the VA’s GI Bill hotline at 1-888-GIBILL-1

State Policies

Many states have established laws to ensure that individuals whose education is interrupted by military leave or mobilization are supported upon their return to civilian life. While these vary widely, we have highlighted a few below.

These states have laws that may exceed federal requirements, ensuring leave of absence policies, readmission, and either providing refunds or academic accommodations:

• California – No academic or financial penalty for military leave
• Texas – Offers academic accommodations and ensures readmission
• Florida – Provides for priority registration and guaranteed readmission
• New Jersey – Requires policies for leave deferment and academic accommodations
• Minnesota – Assures either tuition credit or refund and readmission
• North Carolina – Protects academic standing and full readmission

The states below offer moderate protection for public institutions, but their enforcement mechanisms may be limited:

• New York – May provide for some refunds and tuition refunds (varies by school)
• Virginia – Encourages academic accommodations but has weak enforcement
• Colorado – Some protections, but institution-specific
• Michigan – Protections for public schools, but private schools are discretionary

These states adhere only to federal protections, with broad flexibility for schools to establish their policies

• Alabama – Relies solely on federal statutes
• Georgia – Policies up to institutional discretion
• Idaho – No state-specific statutes
• South Dakota – No state-specific statutes

It is essential to note that state and institutional leave programs and policies are subject to change at any time, and it is advisable to clarify them before departure. This is best done by contacting your school directly, either through your academic or veteran advisor. You can also use these resources to research what is available in your state:

• State Higher Education Agency
• State Department of Higher Education
• Search state statutes for “military leave,” “student deployment,” “readmission,”
• Education Services Officer (ESO), particularly for Guard and Reserve members

While there are numerous approaches to addressing the return of students who have paused their education due to military service or activation, we have compiled some recommendations below, as provided by the Isakson & Roe statute:

Make policies for readmission readily available by clearly outlining them on the school’s relevant web pages, such as academic affairs, military/veterans affairs, and the registrar. These should include the person of contact, the process for return, and an explanation of the school’s policy and procedures for leave and readmission.

Example – Texas A&M University System includes deployment and re-entry information in their student handbook. Establishes a dedicated staff member (e.g, the Veterans Coordinator or SCO) to coordinate with the registrar, financial aid, housing, and faculty.

Example – University of Florida offers a dedicated re-entry advisor. Allows automatic restoration of GPA, academic standing, graduation path, and degree requirements.

Example – San Diego University provides a mobilization policy including academic reinstatement and refunds. Offers streamlined or early registration for classes, post-leave academic advising opportunities, and transition coursework. Enables flexible course start dates and self-paced options.

Important Documents for Returning to School After an Absence

• Notice of military orders showing the dates and purpose for service or mobilization.
• Documentation of military service.
• DD-214 confirming status and dates of service and discharge
• If over 2 years have passed after withdrawal from classes, any available medical  paperwork showing the recovery time following a service-related illness or injury
• School-issued readmission or withdrawal form as required by their policies

If you feel that you are not receiving the protections offered by the federal or state government or your school, there are steps you can take to advocate for yourself. Keep track of ALL of your interactions, paperwork, and online correspondence from your school. Ask for a written explanation of the school’s leave and return policy.  Cite the law or policy being violated. Request a formal review.

•   Consider escalating your institutional requests in this order:

• Veterans Services
• School Certifying Official (SCO)
• Registrar
• Academic Affairs
• Dean of Students
• General Counsel, or Compliance

Reach out to constituent relations offices at your state or federal representatives. Identify and contact relevant state agencies, including:

• State Department of Veterans Affairs
• State Department of Higher Education

•    File a complaint with:

• US Department of Education (DOE)
• VA Education CallCenter – 888-442-4551
• US Office for Civil Rights (OCR) – OCR Complaint Portal
• State Approving Agency (SAA) – SAA Contact Directory
• US Department of Justice (DOJ) – DOJ Civil Rights Complaints