Protections for Student Veterans Act of 2022

To amend title 38, United States Code, to establish protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service, and for other purposes. 1. Short title This Act may be cited as the Protections for Student Veterans Act of 2022 2. Establishment of protections for a member of the Armed Forces who leaves a course of education, paid for with certain educational assistance, to perform certain service (a) Establishment Chapter 36 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 (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 (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 (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 (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 (5) The term institution of higher education 20 U.S.C. 1001 (6) The term period of covered service . (b) Report (1) In general Not later two years after the date of the enactment of this Act and not later than five years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the use of the authority under section 3691A(a) of title 38, United States Code, as added by subsection (a). (2) Contents Each report submitted under paragraph (1) shall include the following: (A) The number of covered individuals using the authority described in paragraph (1), disaggregated by— (i) in the cases in which the covered individual is a member of the Armed Forces, the component of the Armed Forces of which the covered individual is a member; and (ii) in the cases in which the covered individual is a spouse of a member of the Armed Forces, the component of the Armed Forces of such member. (B) The number of times that such authority was used, disaggregated by— (i) whether the authority was used for a leave of absence or a withdrawal; (ii) the type of covered duty for which the authority was used; (iii) the program of educational assistance that was being used to pay for the program of education from which the covered individual withdrew or took a leave of absence; and (iv) the duration of the covered duty for which the authority was used. (c) Clerical amendment The table of contents at the beginning of such chapter is amended by inserting after the item relating to section 3691 the following new item: 3691A. Withdrawal or leave of absence from certain education. .

Summary: Protections for Student Veterans Act of 2022 This bill authorizes covered individuals who are utilizing Department of Veterans Affairs educational assistance benefits to withdraw or take a leave of absence after they receive orders for active service, inactive-duty training, or state active duty. A covered individual means a member of the Armed Forces (including reserve components) or the spouse of such a member. Institutions of higher education are prohibited from taking adverse actions against such individuals for withdrawing or taking a leave of absence, including assigning a failing grade, reducing the individual's grade point average, characterizing any absence as unexcused, or assessing financial penalties. The bill requires institutions of higher education to refund all tuition and fees (including for housing) for the academic term for which the individual withdraws. In situations where the individual takes a leave of absence, the institution of higher education must assign a grade of incomplete for the applicable term and permit the individual to complete the academic term after the period of service.