Page:United States Statutes at Large Volume 122.djvu/3314

 12 2 STA T .3 2 9 1 PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8education ont h e b a s iso f that m embe r shi p, app l ication for member - ship, performance of ser v ice, application for service, or obli g ation .‘ ‘ ( c )READMIS SI ONPR O C ED U RES. — ‘‘( 1 ) I N G ENERA L .— A n y student w hose absence from an institution of higher education is necessitated by reason of service in the uniformed services shall be entitled to readmis- sion to the institution of higher education if— ‘‘(A) the student (or an appropriate officer of the Armed F orces or official of the D epartment of Defense) gives advance written or verbal notice of such service to the appropriate official at the institution of higher education ‘‘( B ) the cumulative length of the absence and of all previous absences from that institution of higher education by reason of service in the uniformed services does not e x ceed 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 provi- sions of paragraph ( 4 ). ‘‘( 2 ) EX CE PT IONS.— ‘‘(A) M ILITAR Y NECESSITY.— N o notice is re q uired under paragraph (1)(A) if the giving of such notice is precluded by military necessity, such as— ‘‘(i) a mission, operation, exercise, or requirement that is classified; or ‘‘(ii) a pending or ongoing mission, operation, exer- cise, or requirement that may be compromised or other- wise adversely affected by public k nowledge. ‘‘(B) FAILURE TO GI V E ADVANCE NOTICE.—Any student (or an appropriate officer of the Armed Forces or official of the Department of Defense) who did not give advance written or verbal notice of service to the appropriate 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 readmission, an attestation to the student ’ s institution of higher edu- cation that the student performed service in the uniformed services that necessitated the student’s absence from the institution of higher education. ‘‘( 3 ) APPLICA B ILITY.— T his 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 G uard or Reserve), with respect to the institution 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 service; ‘‘(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—

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