United States Code Heading link
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.
Code of Federal Regulations Heading link
Professional Licensure Disclosures
The University of Illinois Chicago provides public licensure disclosures pursuant to 34 CFR 668.43(a)(5)(v) for educational programs designed to meet or advertised as meeting requirements for professional licensure or certification.
These public licensure disclosures also address requirements found in 38 C.F.R. Part 21 relating to veterans’ education benefits.
Disclosures by college:
CFR 21.4209 Examination of Records Without Student Consent
Illinois State Legislation Heading link
VETERANS AND SERVICE MEMBERS
(330 ILCS 60/) Service Member’s Tenure Act.
Illinois State legislation regarding absences due to military service including training and drill obligations.
University of Illinois Chicago Policy Heading link
Policies and Procedures Regarding Undergraduate Students Leaving for and Returning from Military Service
Policies and Procedures Regarding Graduate Students Leaving for and Returning from Military Service for Departments and Advisors August 12, 2008
Policies and Procedures Regarding UIC Law Students Leaving for and Returning from Military Service
Credit for Military Service
Completion of not less than six months of extended duty in any branch of the armed forces of the United States entitles an applicant to four semester hours in basic military science. These four hours will not be used in determining grade point average for transfer admission. Some colleges may limit or not allow credit in basic military science to count toward the degree. Refer to the sections for the individual colleges in this catalog for details.
Credit at the baccalaureate level will not be issued for course work from the American Council on Education Military Guide. Colleges will work with students to obtain proficiency credit for associated course work.
Courses successfully completed at a regionally or nationally accredited post-secondary institution^a^, taken while the student was in service, will be reviewed for transferability after an offer of admission. It is the enrolled student’s responsibility to have transcripts from all institutions attended sent directly to the Office of Admissions. Students who transfer course work may anticipate some loss of credit. This might require more time to complete the degree than had been originally planned. When the loss of credit occurs, it does not imply a negative evaluation of a student’s transfer work but rather a lack of appropriateness for the programs of the college. Attendance at orientation is strongly encouraged as an individualized assessment of progress-to-degree and appropriate course selection will be reviewed.
The university evaluates transfer work completed at institutions accredited by a regional or national accrediting organization recognized by the Council for Higher Education Accreditation (CHEA), including institutions under candidacy status.