Amended in Senate April 15, 2015

Senate BillNo. 418


Introduced by Senator Morrell

February 25, 2015


An act to add Sectionbegin delete 66026.5end deletebegin insert 66610end insert to the Education Code, relating tobegin delete public postsecondary education.end deletebegin insert the California State University.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 418, as amended, Morrell. begin deletePublic postsecondary education: attendance. end deletebegin insertCalifornia State University: readmission.end insert

The Donahoe Higher Education Act sets forth the missions and functions of the segments of the higher education system in the state, including, amongbegin delete othersend deletebegin insert otherend insert segments, the California State University, administered by the Trustees of the California Statebegin delete University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges.end deletebegin insert University. Existing federal law provides that a student whose absence from an institution of higher education is necessitated by service in the uniformed services shall be entitled to readmission to the institution if the cumulative length of the absence does not exceed 5 years.end insert

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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.

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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.

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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.

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This bill would require the California State University to comply with that federal law, as specified, and would authorize the Trustees of the California State University to adopt regulations to implement that requirement.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 66610 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert66610.end insert  

The California State University shall comply with
4Section 668.18(c)(1)(ii) of Title 34 of the Code of Federal
5Regulations, as that section read on July 1, 2010. The Trustees of
6the California State University may adopt regulations to implement
7this section.

end insert
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8

SECTION 1.  

It is the intent of the Legislature to conform
9California law, Section 40401 of Title 5 of the California Code of
10Regulations, regarding approved absences for students at the
11California State University and the California Community Colleges,
12to federal law, Section 668.18 of Title 34 of the Code of Federal
13Regulations, to extend the length of approved absences for students
14actively serving in the uniformed services to five years.

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SEC. 2.  

Section 66026.5 is added to the Education Code, to
16read:

17

66026.5.  

The Trustees of the California State University shall
18amend, by January 1, 2017, Section 40401 of Title 5 of the
19California Code of Regulations to provide that the cumulative
20length of an absence and of all previous absences from the
21California State University or the California Community Colleges
22due to service in the uniformed services, including only the time
23a student spends actually performing service in the uniformed
P3    1services, shall not be considered an interruption in attendance, if
2the absence does not exceed five years.

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3

SEC. 3.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

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