CAVC Bar Association Veterans Law Journal

Education Rights for Servicemembers

Veterans Law Journal, Vol. IV (2020)
By Matt Feehan

In Education Rights for Servicemembers, Matt Feehan exposes a long-ignored gap in federal law that leaves thousands of servicemembers vulnerable when military duty collides with higher education. Drawing on firsthand experience and a deep understanding of federal policy, Matt argues that while the Uniformed Services Employment and Reemployment Rights Act (USERRA) protects civilian employment, it does nothing for students who miss classes, exams, or critical academic deadlines while serving—because universities aren’t their employers.

He points to the Higher Education Opportunity Act (HEOA) as a well-intentioned but incomplete safeguard—one that fails to protect National Guard members performing state duty or short-term training. The result, Matt writes, is a lose-lose scenario where servicemembers are forced to choose between maintaining academic standing or fulfilling their military obligations.

Citing data showing that over 900,000 student-servicemembers and veterans face this legal blind spot, Matt dismantles the illusion of protection under programs like the Principles of Excellence (Executive Order 13607), which offer symbolic guidance but no enforceable rights. He contends that the absence of a private right of action leaves servicemembers with only administrative “feedback tools” — hardly meaningful recourse when educational futures are at stake.

His conclusion is unflinching: Congress must act. Feehan calls for the creation of federal causes of action that allow servicemembers to hold universities accountable when they are penalized for fulfilling lawful orders. In his view, true support for the military community means ending the false choice between duty and a degree.