20 U.S.C. § 1091c — Untitled legal text

Page 664 TITLE 20—EDUCATION § 1091c 1 See References in Text note below. Subsec. (b)(2)(E). Pub. L. 109–67 added subpar. (E). 1998—Pub. L. 105–244 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (c) requiring each institution of high- er education participating in a program under this sub- chapter to have in effect a fair and equitable refund policy for refunding unearned tuition, fees, room and board, and other charges to students or parents who re- ceived grant or loan assistance under this subchapter. 1993—Subsec. (a). Pub. L. 103–208, § 2(h)(26), sub- stituted ‘‘grant or loan assistance’’ for ‘‘grant, loan, or work assistance’’ in introductory provisions. Subsec. (b)(3). Pub. L. 103–208, § 2(h)(27), substituted ‘‘subsection (c) of this section’’ for ‘‘subsection (d) of this section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–171 effective July 1, 2006, except as otherwise provided, see section 8001(c) of Pub. L. 109–171, set out as a note under section 1002 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title. § 1091c. Readmission requirements for servicemembers (a) Definition of service in the uniformed serv- ices In this section, the term ‘‘service in the uni- formed services’’ means service (whether vol- untary or involuntary) on active duty in the Armed Forces, including such service by a mem- ber of the National Guard or Reserve. (b) Discrimination against students who serve in the uniformed services prohibited A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform, service in the uniformed services shall not be denied re- admission to an institution of higher education on the basis of that membership, application for membership, performance of service, application for service, or obligation. (c) Readmission procedures (1) In general Any student whose absence from an institu- tion of higher education is necessitated by reason of service in the uniformed services shall be entitled to readmission to the institu- tion of higher education if— (A) the student (or an appropriate officer of the Armed Forces or official of the De- partment of Defense) gives advance written or verbal notice of such service to the appro- priate official at the institution of higher education; (B) the cumulative length of the absence and of all previous absences from that insti- tution of higher education by reason of serv- ice in the uniformed services does not exceed five years; and (C) except as otherwise provided in this section, the student submits a notification of intent to reenroll in the institution of higher education in accordance with the pro- visions of paragraph (4). (2) Exceptions (A) Military necessity No notice is required under paragraph (1)(A) if the giving of such notice is pre- cluded by military necessity, such as— (i) a mission, operation, exercise, or re- quirement that is classified; or (ii) a pending or ongoing mission, oper- ation, exercise, or requirement that may be compromised or otherwise adversely af- fected by public knowledge. (B) Failure to give advance notice Any student (or an appropriate officer of the Armed Forces or official of the Depart- ment of Defense) who did not give advance written or verbal notice of service to the ap- propriate official at the institution of higher education in accordance with paragraph (1)(A) may meet the notice requirement by submitting, at the time the student seeks re- admission, an attestation to the student’s institution of higher education that the stu- dent performed service in the uniformed services that necessitated the student’s ab- sence from the institution of higher edu- cation. (3) Applicability This section shall apply to a student who is absent from an institution of higher education by reason of service in the uniformed services if such student’s cumulative period of service in the Armed Forces (including the National Guard or Reserve), with respect to the institu- tion of higher education for which a student seeks readmission, does not exceed five years, except that any such period of service shall not include any service— (A) that is required, beyond five years, to complete an initial period of obligated serv- ice; (B) during which such student was unable to obtain orders releasing such student from a period of service in the uniformed services before the expiration of such five-year period and such inability was through no fault of such student; or (C) performed by a member of the Armed Forces (including the National Guard and Reserves) who is— (i) ordered to or retained on active duty under section 688, 12301(a), 12301(g), 12302, 12304, or 12305 of title 10 or under section 251, 252,1 359, 360, 367, or 712 1 of title 14; (ii) ordered to or retained on active duty (other than for training) under any provi- sion of law because of a war or national emergency declared by the President or the Congress, as determined by the Sec- retary concerned; (iii) ordered to active duty (other than for training) in support, as determined by Page 665 TITLE 20—EDUCATION § 1091c the Secretary concerned, of an operational mission for which personnel have been or- dered to active duty under section 12304 of title 10; (iv) ordered to active duty in support, as determined by the Secretary concerned, of a critical mission or requirement of the Armed Forces (including the National Guard or Reserve); or (v) called into Federal service as a mem- ber of the National Guard under chapter 13 of title 10 or section 12406 of title 10. (4) Notification of intent to return (A) In general Except as provided in subparagraph (B), a student referred to in subsection (a) shall, upon the completion of a period of service in the uniformed services, notify the institu- tion of higher education of the student’s in- tent to return to the institution not later than three years after the completion of the period of service. (B) Hospitalization or convalescence A student who is hospitalized for or conva- lescing from an illness or injury incurred in or aggravated during the performance of service in the uniformed services shall no- tify the institution of higher education of the student’s intent to return to the institu- tion not later than two years after the end of the period that is necessary for recovery from such illness or injury. (C) Special rule A student who fails to apply for readmis- sion within the period described in this sec- tion shall not automatically forfeit such eli- gibility for readmission to the institution of higher education, but shall be subject to the institution of higher education’s established leave of absence policy and general prac- tices. (5) Documentation (A) In general A student who submits an application for readmission to an institution of higher edu- cation under this section shall provide to the institution of higher education documenta- tion to establish that— (i) the student has not exceeded the serv- ice limitations established under this sec- tion; and (ii) the student’s eligibility for readmis- sion has not been terminated due to an ex- ception in subsection (d). (B) Prohibited documentation demands An institution of higher education may not delay or attempt to avoid a readmission of a student under this section by demanding documentation that does not exist, or is not readily available, at the time of readmis- sion. (6) No change in academic status A student who is readmitted to an institu- tion of higher education under this section shall be readmitted with the same academic status as such student had when such student last attended the institution of higher edu- cation. (d) Exception from readmission eligibility A student’s eligibility for readmission to an institution of higher education under this sec- tion by reason of such student’s service in the uniformed services terminates upon the occur- rence of any of the following events: (1) A separation of such person from the Armed Forces (including the National Guard and Reserves) with a dishonorable or bad con- duct discharge. (2) A dismissal of such person permitted under section 1161(a) of title 10. (3) A dropping of such person from the rolls pursuant to section 1161(b) of title 10. (Pub. L. 89–329, title IV, § 484C, as added Pub. L. 110–315, title IV, § 487, Aug. 14, 2008, 122 Stat. 3290; amended Pub. L. 115–232, div. A, title XII, § 1204(a)(6), (b)(2), Aug. 13, 2018, 132 Stat. 2017; Pub. L. 118–159, div. E, title LVII, § 5705, Dec. 23, 2024, 138 Stat. 2466.) Editorial Notes REFERENCES IN TEXT Sections 251 and 252 of title 14, referred to in subsec. (c)(3)(C)(i), probably should be references to sections 2127 and 2128 of title 14. Prior to amendment by Pub. L. 115–232, § 1204(b)(2) (see 2018 Amendment note below), those references were to sections 331 and 332 of title 14 and probably should not have been amended by Pub. L. 115–232 to conform to the renumbering of those sections as sections 251 and 252 because the renumbered sections were in title 10 of the Code and not title 14. Sections 331 and 332 of title 14 were renumbered sections 2127 and 2128, respectively, of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to sec- tions 331 and 332 of title 14 deemed to refer to such re- designated sections, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding sec- tion 101 of Title 14, Coast Guard. Sections 359, 360, 367, and 712 of title 14, referred to in subsec. (c)(3)(C)(i), were renumbered sections 2308, 2309, 2314, and 3713, respectively, of title 14 by Pub. L. 115–282, title I, §§ 113(b), 118(b), Dec. 4, 2018, 132 Stat. 4221, 4233, and references to sections 359, 360, 367, and 712 of title 14 considered to refer to such sections, see sec- tion 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. PRIOR PROVISIONS Prior sections 1091c to 1091f were repealed, effective Sept. 30, 1976, by Pub. L. 94–482, title I, § 151(a)(2), (b), Oct. 12, 1976, 90 Stat. 2151. Section 1091c, Pub. L. 89–329, title V, § 504, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 83; amended Pub. L. 90–575, title II, § 231(a), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 92–318, title I, § 141(a)(1)(B), (c)(1)(B), June 23, 1972, 86 Stat. 284, 285, authorized the Commissioner to make grants or contracts with State or local edu- cational agencies for attracting qualified persons to the field of education. Section 1091d, Pub. L. 89–329, title V, § 505, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 84, required the Commissioner to consult with the National Science Foundation and the National Foundation on the Arts and the Humanities in development and review of pro- grams. Section 1091e, Pub. L. 89–329, title V, § 506, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 84, authorized transfer of funds for programs for education professions development. Page 666 TITLE 20—EDUCATION § 1092 Section 1091f, Pub. L. 89–329, title V, § 507, as added Pub. L. 90–35, § 2(c), June 29, 1967, 81 Stat. 84, authorized employment of experts and consultants and set forth provisions for compensation and travel expenses. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘In this section, the term ‘service in the uniformed services’ means service (whether voluntary or involun- tary) on active duty in the Armed Forces, including such service by a member of the National Guard or Re- serve, for a period of more than 30 days under a call or order to active duty of more than 30 days.’’ 2018—Subsec. (c)(3)(C)(i). Pub. L. 115–232, § 1204(b)(2), substituted ‘‘section 251, 252,’’ for ‘‘section 331, 332,’’. Subsec. (c)(3)(C)(v). Pub. L. 115–232, § 1204(a)(6), sub- stituted ‘‘chapter 13’’ for ‘‘chapter 15’’. § 1092. Institutional and financial assistance in- formation for students (a) Information dissemination activities (1) Each eligible institution participating in any program under this subchapter shall carry out information dissemination activities for prospective and enrolled students (including those attending or planning to attend less than full time) regarding the institution and all fi- nancial assistance under this subchapter. The information required by this section shall be produced and be made readily available upon re- quest, through appropriate publications, mail- ings, and electronic media, to an enrolled stu- dent and to any prospective student. Each eligi- ble institution shall, on an annual basis, provide to all enrolled students a list of the information that is required to be provided by institutions to students by this section and section 444 of the General Education Provisions Act [20 U.S.C. 1232g] (commonly known as the ‘‘Family Edu- cational Rights and Privacy Act of 1974’’), to- gether with a statement of the procedures re- quired to obtain such information. The informa- tion required by this section shall accurately de- scribe— (A) the student financial assistance pro- grams available to students who enroll at such institution; (B) the methods by which such assistance is distributed among student recipients who en- roll at such institution; (C) any means, including forms, by which ap- plication for student financial assistance is made and requirements for accurately pre- paring such application; (D) the rights and responsibilities of stu- dents receiving financial assistance under this subchapter; (E) the cost of attending the institution, in- cluding (i) tuition and fees, (ii) books and sup- plies, (iii) estimates of typical student room and board costs or typical commuting costs, and (iv) any additional cost of the program in which the student is enrolled or expresses a specific interest; (F) a statement of— (i) the requirements of any refund policy with which the institution is required to comply; (ii) the requirements under section 1091b of this title for the return of grant or loan as- sistance provided under this subchapter; and (iii) the requirements for officially with- drawing from the institution; (G) the academic program of the institution, including (i) the current degree programs and other educational and training programs, (ii) the instructional, laboratory, and other phys- ical plant facilities which relate to the aca- demic program, (iii) the faculty and other in- structional personnel, and (iv) any plans by the institution for improving the academic program of the institution; (H) each person designated under subsection (c) of this section, and the methods by which and locations in which any person so des- ignated may be contacted by students and pro- spective students who are seeking information required by this subsection; (I) special facilities and services available to students with disabilities; (J) the names of associations, agencies, or governmental bodies which accredit, approve, or license the institution and its programs, and the procedures under which any current or prospective student may obtain or review upon request a copy of the documents describ- ing the institution’s accreditation, approval, or licensing; (K) the standards which the student must maintain in order to be considered to be mak- ing satisfactory progress, pursuant to section 1091(a)(2) of this title; (L) the completion or graduation rate of certificate- or degree-seeking, full-time, un- dergraduate students entering such institu- tions; (M) the terms and conditions of the loans that students receive under parts B, D, and E; (N) that enrollment in a program of study abroad approved for credit by the home insti- tution may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance; (O) the campus crime report prepared by the institution pursuant to subsection (f), includ- ing all required reporting categories; (P) institutional policies and sanctions re- lated to copyright infringement, including— (i) an annual disclosure that explicitly in- forms students that unauthorized distribu- tion of copyrighted material, including un- authorized peer-to-peer file sharing, may subject the students to civil and criminal li- abilities; (ii) a summary of the penalties for viola- tion of Federal copyright laws; and (iii) a description of the institution’s poli- cies with respect to unauthorized peer-to- peer file sharing, including disciplinary ac- tions that are taken against students who engage in unauthorized distribution of copy- righted materials using the institution’s in- formation technology system; (Q) student body diversity at the institution, including information on the percentage of en- rolled, full-time students who— (i) are male; (ii) are female; (iii) receive a Federal Pell Grant; and (iv) are a self-identified member of a major racial or ethnic group;