BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 418
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|Author: |Morrell |
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|Version: |February 25, 2015 Hearing Date: |
| | April 8, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Kathleen Chavira |
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Subject: Public postsecondary education: attendance
SUMMARY
This bill requires the California State University (CSU)
Trustees to amend specific regulations to prohibit cumulative
absences from the CSU and the California Community Colleges of
five years or less, due to service in the uniformed services,
from being considered an interruption in attendance.
BACKGROUND
Existing federal law establishes readmission requirements for
service members attending postsecondary education institutions
and specifically prohibits an institution from denying
readmission to a person who is a member of, applies to be a
member of, performs, has performed, applies to perform, or has
an obligation to perform, service in the uniformed services on
the basis of that membership, application for membership,
performance of service, application for service, or obligation
to perform service. An institution is required to promptly
readmit the individual with the same academic status as the
student had when the student last attended the institution or
was last admitted to the institution. Federal regulations
require that the cumulative length of the absence (and of all
previous absences from that institution by reason of service,
including only the time the student spends actually performing
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service in the uniformed services) does not exceed five years.
(Code of Federal Regulations 34, § 668.18)
Existing law requires each segment of public higher education
to establish, and update as necessary, a written policy
concerning students who are called to active military service,
and specifically requires that the policy ensure that those
students do not lose academic credits or degree status, and
provide for a refund of fees paid by the student for the term
in which he or she was called to active military service.
(Education Code § 66023)
Existing law authorizes the CSU Board of Trustees to adopt
rules and regulations for the government of the CSU. Under
this authority, the CSU has adopted regulations that provide
for the establishment of catalog rights, define continuous
attendance, authorize campuses to establish time limits for
completing graduation requirements, and provide for changes in
requirements when students change majors or minors.
Specifically, an undergraduate student at any CSU campus, at
any California community college, or any combination thereof,
may elect to meet the graduation requirements in effect at the
campus (1) at the time the student began such attendance, (2)
at the time of entrance to the campus, or (3) at the time of
graduation.
Campuses are authorized to require substitutions for
discontinued courses and to require a student changing his or
her major or minor to complete the requirements in effect at
the time of the change. The regulations define "attendance" as
attendance in at least one semester or two quarters each
calendar year. The regulations prohibit absence due to an
approved educational leave or for attendance at another
accredited institution of higher learning from being
considered an interruption in attendance, if the absence is
for two years or less.
(EC § 890030, California Code of Regulations, Title 5, §
40401)
ANALYSIS
This bill:
1. Requires the California State University (CSU) to amend
SB 418 (Morrell) Page 3 of ?
regulations regarding time limits for completion of
graduation requirements by January 1, 2017. More
specifically it:
A. Requires the regulations to prohibit
the cumulative length of an absence and all previous
absences from the CSU and the California Community
Colleges (CCC) due to service in the uniformed
services to be considered an interruption in
attendance if the absence is for five years or less.
B. Includes in the absence period only
the time a student spends actually performing
service in the uniformed services.
2. Declares the Legislature's intent to conform specified
regulations regarding approved absences for CSU and CCC
students to specified federal law.
3. Declares the intent of the Legislature to extend the
length of approved absences for students serving in the
uniformed services to five years.
STAFF COMMENTS
1. Need for the bill. According to the author, current
state regulation only allows for a two year approved
absence for students serving in the military while
federal law allows for a five year absence. This bill is
attempting to address this perceived problem by
statutorily directing regulatory changes.
2. Compliance with Federal law already exists. As noted in
the background of this analysis, federal law establishes
readmission requirements for service members attending
postsecondary education institutions. According to the
CSU, consistent with federal law, on January 10, 2014
campuses were directed to promptly readmit service member
students in the same program with the same enrollment and
academic status. Campuses were also advised that student
service members may defer their return no later than
three years after completing service and may not have a
cumulative period of more than five years absence
including service. It appears that the California State
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University (CSU) does comply with federal law
requirements regarding readmission.
3. Statutory direction to amend regulations? Generally,
regulations are adopted to implement statute. This bill
implements statute to modify regulations. The stated
intent of the author is to ensure compliance with federal
laws regarding readmission of service members.
Rather than engage in a somewhat backwards process, staff
recommends the bill be amended to require compliance with
federal law, and authorize the CSU to adopt regulations
to implement the statute.
4. Apples to oranges? It appears that the intent of the
author may be to go beyond federal law requirements. As
noted in staff comment #2, the CSU complies with the
readmission requirements established by federal law. The
Title V regulations referenced in the bill define
continuous attendance for the purpose of meeting
graduation requirements. Staff was unable to identify
any federal law requirements that specifically address
graduation and catalog rights.
SUPPORT
None received.
OPPOSITION
None received.
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