Returning to College as a Veteran: Five Things to Know
Returning to college as a veteran presents challenges, especially if you are a member of the Guard or Reserve. Some start school only to be called up for active duty, some begin training or a certificate program only to have to withdraw due to illness or injury. Still others experience personal difficulty and must stop classes to work through issues.
But veterans don’t go it alone when trying to return to school after such circumstances. Did you know there are federal, state, and institutional protections in place to help you return to school as a veteran after a prolonged absence?
Federal laws like the Higher Education Opportunity Act guarantee that you are readmitted to your school without penalty under the right circumstances. The Servicemembers Civil Relief Act provides crucial financial protections, such as capping student loan interest rates for debt incurred before joining the military.
The Isakson-Roe Act holds schools accountable by requiring them to have clear policies for military leave and readmission, and there are also protections at the state level, depending on the state. Depending on their use and their intent, these protections may also extend to other circumstances, such as service-related disabilities or personal hardships, helping you succeed in your educational journey.
Qualifying Circumstances
What circumstances may be covered under state and federal law? There are a number of them:
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 – You were injured while on active duty and need time to recover medically. Other reasons may include, but are definitely not limited to:
- Career change forcing an unexpected return to higher education
- Mental Health Issues
- Family Obligations
- Learning Difficulties
While these protections exist, there are circumstances where they are not applicable, including failure to give adequate notice to your school or withdrawal for non-military reasons. Know the policy of your school before you need it for the best results.
Programs and Laws You Should Know
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. Schools must permit the returning student to enroll in the same or a comparable program with no penalty to their credits or standing. 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. 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.
- 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. Interest rates for federally-backed student loans (and select private ones) are capped at 6%. Conditions may apply. The SCRA eliminates penalties for foreclosures, evictions, or default judgments.
- 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). 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 Regulations (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, contact your assigned VR&E Counselor to document the circumstances necessitating the break (additional paperwork may need to be provided).
- 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.
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. 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
Documents You Will Need
You’ll need a variety of documentation, which begins with your military orders, showing the dates and purpose of service or mobilization. Other important documents include:
• DD-214 confirming status and dates of service and discharge, where applicable.
• 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,
State Policies
Many states have laws to help veterans whose education is interrupted by military leave or mobilization have support when they return to civilian life. 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, full readmission
The states below offer protection for public institutions, but enforcement may be limited:
- New York – May provide for refunds and tuition refunds (varies by school)
- Virginia – Encourages academic accommodations, but 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
State and institutional leave programs and policies are subject to change at any time; clarify them 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
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 violated
• Request a review
Some, but not all, of these protections may also apply to other circumstances that may result from military leave. While many of the resources above may be helpful, there are a few specific tools that may be useful, including:
• 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.
