Page:United States Statutes at Large Volume 122.djvu/3315

 12 2 STA T .3 2 9 2 PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8‘ ‘ (i)orde red t oorret a i n edona c ti v ed u t y under s ection 68 8 ,1230 1(a), 12301( g ), 12302, 1230 4, or 1230 5 o f tit l e 10, U nited S tates C ode, or under section 331, 332, 35 9, 360, 36 7 , or 712 of title 14, United States Code ‘‘(ii) ordered to or retained on active duty (ot h er than for training) under any p rovision of la wb ecause of a war or national e m ergency declared by the P resi - dent or the Congress, as determined by the Secretary concerned; ‘‘(iii) ordered to active duty (other than for training) in support, as determined by the Secretary concerned, of an operational mission for which per- sonnel have been ordered to active duty under section 12304 of title 10, United States Code; ‘‘(iv) ordered to active duty in support, as deter- mined by the Secretary concerned, of a critical mission or re q uirement of the A rmed F orces (including the N ational G uard or R eserve); or ‘‘(v) called into Federal service as a member of the National Guard under chapter 15 of title 10, United States Code, or section 12406 of title 10, United States Code . ‘‘(4) N OTIF I CA TIO N OF INT E NT TO R ET U RN. — ‘‘(A) I N G ENERA L .— Ex cept 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 institution of higher education of the student ’ s intent to return to the institution not later than three years after the completion of the period of service. ‘‘(B) H O SP ITALI Z ATION OR CON V ALESCENCE.—A student who is hospitali z ed for or convalescing from an illness or in j ury incurred in or aggravated during the performance of service in the uniformed services shall notify the institu- tion of higher education of the student’s intent to return to the institution 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 readmission within the period described in this section shall not automatically forfeit such eligibility for readmis- sion to the institution of higher education, but shall be subject to the institution of higher education’s established leave of absence policy and general practices. ‘‘(5) D OCU M ENTATION.— ‘‘(A) IN GENERAL.—A student who submits an applica- tion for readmission to an institution of higher education under this section shall provide to the institution of higher education documentation to establish that— ‘‘(i) the student has not exceeded the service limita- tions established under this section; and ‘‘(ii) the student’s eligibility for readmission has not been terminated due to an exception in subsection (d). ‘‘(B) PRO H I B ITE D DOCUMENTATION DEMANDS.—An institution of higher education may not delay or attempt to avoid a readmission of a student under this section Deadlin e s.

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