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The Impact Of Mobilization On Student Reservists (CRS Report for Congress)

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Release Date Oct. 8, 2002
Report Number RL31601
Report Type Report
Authors Lawrence Kapp and Tiffanyh Petros, Foreign Affairs, Defense, and Trade Division
Source Agency Congressional Research Service
Summary:

The ongoing mobilization of reservists in support of Operations Enduring Freedom and Noble Eagle (OEF/ONE), has been the largest reserve call-up since the Persian Gulf War. Most of these reservists held civilian jobs prior to mobilization and, as such, are entitled to certain legal protections under the Uniformed Servicemembers Employment and Reemployment Rights Act (USERRA; 38 U.S.C. 4301-4333). However, a substantial number of reservists today are students at institutions of higher education, either on a full-time or part-time basis. Their academic status is not covered by USERRA, or any similar federal law (although it is covered under the laws of some states). Some of these students have reported that their academic status has been harmed by mobilization and have advocated legal protections similar to those enjoyed by employees. This report provides information on the types of problems encountered by student reservists, the scope of those problems, the remedies available to student reservists who experience difficulties related to mobilization, and an assessment of the effectiveness of these remedies. It also provides several alternative options for assisting student reservists which Congress may wish to consider. This report will be updated as needed.