BILL NUMBER: SR 18	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Migden

                        JANUARY 17, 2008

   Relative to University of California study abroad programs.


	LEGISLATIVE COUNSEL'S DIGEST
             HOUSE OR SENATE RESOLUTIONS DO NOT CONTAIN A DIGEST



   WHEREAS, Study abroad programs are an important aspect of a
well-rounded college education because these programs expose students
to different cultures and provide them with the necessary tools to
understand the increasingly complex problems facing the international
community; and
   WHEREAS, The University of California Education Abroad Program (UC
EAP) should not seek to limit study abroad opportunities, but rather
should expand them, especially in certain regions of the world,
including the Middle East; and
   WHEREAS, In the 2004-05 school year, only one-half of 1 percent of
United States education abroad participants studied in the Middle
East, while nearly two-thirds of United States education abroad
participants studied in Europe; and
   WHEREAS, The UC EAP currently limits its study abroad
opportunities by excluding all programs in countries with a United
States Department of State travel advisory, forcing interested
students to travel abroad on non-UC EAP sponsored programs; and
   WHEREAS, This policy forces interested students to go through
unnecessary obstacles, including officially withdrawing from the
University of California if they study longer than one quarter,
forfeiting any potential financial aid, jeopardizing their
readmission to the university, and losing credits since there is no
guarantee that they will transfer; and
   WHEREAS, The existence of a United States Department of State
travel advisory was not created as a gauge to determine the
suitability of UC EAP programs since many of these advisories are not
outright travel bans, but rather recommended warnings with differing
levels of severity; and
   WHEREAS, The UC EAP policy does a disservice to interested
students by judging potential programs without weighing the potential
academic benefits against the potential nominal risks of traveling
in a country subject to a less severe travel warning; and
   WHEREAS, The current UC EAP policy is outdated and is not
comparable to several study abroad programs of other public peer
institutions; and
   WHEREAS, The University of North Carolina (UNC) has enacted a more
flexible, student friendly policy that independently reviews
programs in countries subject to travel advisories and differentiates
between less severe advisories that warn of heightened risk and more
dangerous advisories that restrict travel altogether; and
   WHEREAS, This policy prohibits programs in countries under the
restricted travel category and gives students the option of going on
UNC sponsored programs to countries under the "heightened risk"
category only if the interested students sign an additional waiver
that acknowledges the added risks incurred while traveling to these
countries and completely releases the UNC from all liability
resulting from injuries sustained while abroad; and
   WHEREAS, As a result of the UNC policy, the UNC maintains active
study abroad programs in Israel and Kenya, two countries subject to
less severe travel advisories; and
   WHEREAS, The University of Wisconsin (UW) has a similar policy
which requires students to sign additional liability waivers that
enables the UW to maintain study abroad programs in Kenya, Israel,
and Nepal, another country subject to a less severe travel advisory;
and
   WHEREAS, The Associated Students of the University of California,
Berkeley and the Associated Students of the University of California,
San Diego have passed similar resolutions urging the UC EAP to
revise its study abroad policies and reinstate its study abroad
program to Israel; and
   WHEREAS, An online petition in support of reinstating the UC study
abroad program to Israel, started by students at the University of
California, Santa Barbara, has over 700 signatures and a petition to
reinstate the program is currently circulating at the University of
California, Davis; and
   WHEREAS, Failing to revise its study abroad policies would
negatively impact the University of California's position as a
leading global institution committed to academic freedom; now,
therefore, be it
   Resolved by the Senate of the State of California,That the
Legislature of the State of California recommends that the UC EAP
revise its policies regarding study abroad programs in countries with
less severe United States Department of State travel advisories; and
be it further
   Resolved, That the Legislature affirms that the UC EAP should only
infringe on a students decision to study abroad in a particular
country if the country is subject to a severe advisory restricting
travel altogether; and be it further
   Resolved, That the Legislature acknowledges the concerns of the UC
EAP regarding students' safety and the university's assumption of
liability; and be it further
   Resolved, That the Legislature recommends that the UC EAP enact
policies modeled after institutions including the University of
Wisconsin and the University of North Carolina, which differentiate
between severe and less severe advisories and require students to
sign additional documents waiving their right to take legal action
against the university in order to study abroad in countries with
less severe travel advisories; and be it further
   Resolved, That the Legislature recognizes the recent efforts of
the Regents of the University of California to remove all real or
perceived barriers to studying abroad in non-UC EAP sponsored
countries, including attempting to transfer UC financial aid to
non-EAP host institutions, and creating new extended leaves of
absences from the university for students who study on non-EAP
programs; and be it further
   Resolved, That the Legislature believes that this directive is
only a first step toward expanding study abroad opportunities for UC
students, and respectfully requests that the UC EAP fully reinstate
previously suspended programs that have less severe travel warnings,
including programs in Israel and the Philippines, and investigate
incorporating new locations, including Kenya and Nepal, into the
study abroad program; and be it further
   Resolved, That the Secretary of the Senate transmit copies of this
resolution to the author for appropriate distribution.