Senate BillNo. 418


Introduced by Senator Morrell

February 25, 2015


An act to add Section 66026.5 to the Education Code, relating to public postsecondary education.

LEGISLATIVE COUNSEL’S DIGEST

SB 418, as introduced, Morrell. Public postsecondary education: attendance.

The Donahoe Higher Education Act sets forth the missions and functions of the segments of the higher education system in the state, including, among others segments, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges.

This bill would require the Trustees of the California State University to amend a specified California regulation by January 1, 2017, to provide that a student’s absence due to serving in the uniformed services shall not be considered an interruption in attendance, if the total of those absences does not exceed five years, as specified. By requiring community college districts to change their student absence policy, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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SECTION 1.  

It is the intent of the Legislature to conform
2California law, Section 40401 of Title 5 of the California Code of
3Regulations, regarding approved absences for students at the
4California State University and the California Community Colleges,
5to federal law, Section 668.18 of Title 34 of the Code of Federal
6Regulations, to extend the length of approved absences for students
7actively serving in the uniformed services to five years.

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SEC. 2.  

Section 66026.5 is added to the Education Code, to
9read:

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66026.5.  

The Trustees of the California State University shall
11amend, by January 1, 2017, Section 40401 of Title 5 of the
12California Code of Regulations to provide that the cumulative
13length of an absence and of all previous absences from the
14California State University or the California Community Colleges
15due to service in the uniformed services, including only the time
16a student spends actually performing service in the uniformed
17services, shall not be considered an interruption in attendance, if
18the absence does not exceed five years.

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SEC. 3.  

If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.



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