BILL NUMBER: SB 1075	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 15, 2010

INTRODUCED BY   Senator Correa

                        FEBRUARY 17, 2010

   An act to amend Sections 821 and 824 of the Military and Veterans
Code, relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1075, Correa. Military service: benefits.
   The California Military Families Financial Relief Act of 2005
provides certain protections for service members of the military, as
defined. These protections include, for a student granted an academic
leave of absence for military service, a requirement that the
academic institution, at the student's election, credit the student's
tuition and fee charges toward a subsequent academic term or refund
tuition and fees paid, as specified.
   This bill would, as an alternative to the above protections for a
student granted an academic leave of absence for military service,
require an institution, as defined, upon election by the student, to
make arrangements to reasonably accommodate and assist the student so
that he or she is able to meet any and all coursework requirements
that he or she may have missed due to military service, as defined.
    The bill would revise the definition of "service member" and
"military service" for purposes of the California Military Families
Financial Relief Act of 2005, and would make other related changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 821 of the Military and Veterans Code is
amended to read:
   821.  For purposes of this chapter, the following definitions
apply:
   (a) "Service member" means either of the following:
   (1) A member of the militia, as defined in Section 120, called or
ordered into state military service pursuant to Section 143 or 146,
or in federal or state military service pursuant to Title 10 or 32 of
the United States Code.
   (2) A reservist of the United States Military Reserve who has been
ordered to full-time federal active duty by the President of the
United States pursuant to Title 10 of the United States Code.
   (b) "Military service" means either of the following:
   (1) Full-time active state service or full-time active federal
service of a service member who is a member of the militia, as
described in paragraph (1) of subdivision (a).
   (2) Full-time active duty of a service member who is a reservist,
as described in paragraph (2) of subdivision (a), for a period of 30
consecutive days.
  SEC. 2.  Section 824 of the Military and Veterans Code is amended
to read:
   824.  (a) If requested by a student granted an academic leave of
absence for military service, not later than one year after the
student's release from military service, other than a dishonorable
release, the institution in which the student is enrolled shall do
one of the following, as elected by the student:
   (1) The institution shall make arrangements to reasonably
accommodate and assist the student so that he or she is able to meet
any and all coursework requirements that he or she may have missed
due to military service.
   (2) The institution shall credit tuition and fee charges toward a
subsequent academic term in an amount that is equal to 100 percent of
what the student paid the institution for the academic term in which
the student is required to report for military service.
   (3) The institution shall refund tuition and fees paid for the
academic term, provided the student withdraws before the withdraw
date established by the institution. The refund shall equal 100
percent of the tuition and fee charges the student paid the
institution for the academic term. If the student withdraws after the
withdraw date established by the institution, the student is
ineligible for a refund of tuition and fee charges. For the purposes
of this section, the "withdraw date" shall be the same as the date
set by the institution for its general student population to withdraw
from the institution or a course or class without academic penalty.
   (b) If requested by a student granted an academic leave of absence
for military service, not later than one year after the student's
release from military service, other than a dishonorable release, the
institution shall restore the student to the educational status the
student had attained prior to being called to military service
without loss of academic credits earned, scholarships or grants
awarded, or tuition and other fees paid prior to the commencement of
military service.
   (c) If an institution fails to comply with this section, the
student may bring an action against the institution to enforce its
provisions in any court of competent jurisdiction of the county in
which the student resides. If the student resides outside of this
state, the action shall be brought in the court of the county in
which the campus of the institution previously attended by the
student is located. The court may award reasonable attorney's fees
and expenses if the student prevails in the action.
   (d) The Legislature hereby requests that the University of
California adopt policies similar to those set forth in this section.

   (e) For purposes of this section, "institution" includes any
public postsecondary educational institution and any private
postsecondary educational institution, as defined in Section 94858 of
the Education Code.