Early distribution-education expense exception

[Art]

Taxpayer is going back to school to prepare for the ministry. He received his BS many years ago and will now need to complete 18 months of pre-theology classes before he can be admitted into the seminary program. His current employer is liquidating the company and freezing the 401-K plan. Taxpayer is fully vested and wants to use the funds to help pay for his schooling. Assuming that he first rolls over the 401-K money to a self-directe IRA, is there any reason that money could not be withdrawn either in a sinlge payment or periodically as needed to pay for qualifying expenses, is tuition, fees, books, supplies, room and board, ect under 72(t)(2)(E) exception 08 ?

[Jesse]

http://www.irs.gov/publications/p970/ch09.html

If paid from an IRA I don't see any reason why the 10% penalty exception would not apply as long as qualifying expenses at an eligible education institution.