BILL NUMBER: SB 647	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Denham

                        FEBRUARY 27, 2009

   An act to add Chapter 8 (commencing with Section 1007) to Division
4 of the Military and Veterans Code, relating to veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 647, as introduced, Denham. Military and Veterans Education
Assistance Award Program.
   Existing law provides certain benefits for qualifying veterans.
   This bill would establish the Military and Veterans Education
Assistance Award Program on behalf of qualifying members of the
United States Armed Forces, California National Guard, the State
Military Reserve, or the Naval Militia, under the shared
administration of the Military Department and the Student Aid
Commission. This bill, under the award program, would offer education
assistance benefits to qualifying students for approved programs of
education, as defined, for a specified amount of time.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 8 (commencing with Section 1007) is added to
Division 4 of the Military and Veterans Code, to read:
      CHAPTER 8.  MILITARY AND VETERANS EDUCATION ASSISTANCE AWARD
PROGRAM


   1007.  (a) Commencing with the 2009-10 academic year, and each
academic year thereafter, an award may be available to each
qualifying student.
   (b) A qualifying student shall meet all of the following
conditions to be eligible to receive an award:
   (1) The person is a resident within the meaning of Section 68017
of the Education Code.
   (2) The person is an individual who:
   (A) On or after September 11, 2001, first becomes a member of the
Armed Forces or first enters active duty as a member of the Armed
Forces and serves an aggregate of at least two years of active duty
in the military or, before completion of service, is discharged or
released.
   (B) Completes the requirements of a secondary school diploma or
equivalency certificate, or successfully completes or receives
academic credit for the equivalent of 12 semester hours in a program
of education leading to a standard college degree.
   (C) After completion of service continues on active duty or is
discharged from active duty with an honorable discharge.
   (c) Every person applying for an award shall submit an application
for an award to the Adjutant General. The Adjutant General shall
review the applications for awards and certify the eligibility of the
qualifying student to the Student Aid Commission.
   (d) A qualifying student who is entitled to an award is entitled
to 36 months of educational assistance.
   (e) A qualifying student's entitlement to assistance expires at
the end of the 15-year period beginning on the date of the qualifying
student's last discharge or release from duty.
   1007.1.  For purposes of this chapter:
   (a) "Approved program of education" means all of the following:
   (1) Curriculum or any combination of unit courses or subjects
pursued at an educational institution that is generally accepted as
necessary to fulfill requirements for the attainment of a
predetermined and identified educational, professional, or vocational
objective.
   (2) Curriculum of unit courses or subjects pursued at an
educational institution that fulfill requirements for the attainment
of more than one predetermined and identified educational,
professional, or vocational objective if all the objectives pursued
are generally recognized as being reasonably related to a single
career field.
   (3) National tests for admission to institutions of postsecondary
education or graduate schools (such as the Scholastic Aptitude Test
(SAT), Law School Admission Test (LSAT), Graduate Record Examination
(GRE), and Graduate Management Admission Test (GMAT)) and national
tests providing an opportunity for course credit at institutions of
postsecondary education (such as the Advanced Placement (AP)
examination and College-Level Examination Program (CLEP)).
   (4) A preparatory course for a test that is required or used for
admission to an institution of postsecondary education.
   (5) A preparatory course for a test that is required or used for
admission to a graduate school.
   (b) "Award" means a Military and Veterans Education Assistance
Award.
   (c) "Educational institution" means any public or private
elementary school, secondary school, vocational school,
correspondence school, business school, junior college, teachers'
college, college, normal school, professional school, university, or
scientific or technical institution, or other institution furnishing
education for adults. "Educational institution" includes any entity
that provides training required for completion of any state-approved
alternative teacher certification program, any private entity that
offers, either directly or under an agreement with another entity, a
course or courses to fulfill requirements for the attainment of a
license or certificate generally recognized as necessary to obtain,
maintain, or advance in employment in a profession or vocation in a
high technology occupation, and any qualified provider of
entrepreneurship courses.
   (d) "Established charges" means the actual charges for tuition,
fees, and other educational costs, including, but not limited to,
required supplies, books, and equipment, which similarly
circumstanced nonqualifying veterans enrolled in the approved program
of education would be required to pay. "Established charges" shall
be determined by the Student Aid Commission as follows:
   (1) In the case of a qualifying student enrolled in an approved
program of education offered on a term, quarter, or semester basis,
the tuition and fees charged to the qualifying student for the term,
quarter, or semester.
   (2) In the case of a qualifying student enrolled in an approved
program of education not offered on a term, quarter, or semester
basis, the tuition and fees charged to the qualifying student for the
entire program of education.
   (e) "Military" means the United States Armed Forces, California
National Guard, the State Military Reserve, or the Naval Militia.
   1007.2.  (a) The Student Aid Commission shall be responsible for
issuing awards, authorized by Section 1007, upon receipt of a
certificate from the Adjutant General verifying that the applicant
meets the eligibility requirements of this chapter, upon a
determination by the commission that the application has otherwise
met the requirements of this chapter, if funds are available for this
purpose.
   (b) The amount of the award shall be the sum of either of the
following:
   (1) For qualifying students who are not on active duty:
   (A) An amount equal to the established charges for an approved
program of education including, but not limited to, tuition and fees.

   (B) An amount equal to the room and board of the qualifying
student. The amount payable under this paragraph for the room and
board of the qualifying student shall not exceed an amount equal to
the standard dormitory fee that similarly circumstanced nonqualifying
students enrolled in the approved program of education involved
would be required to pay.
   (C) A monthly stipend in the amount of one thousand dollars
($1,000).
   (D) Payments made pursuant to subparagraphs (A) and (B) shall be
made in a lump-sum amount for the approved program of education
before the commencement of the quarter, semester, or term. Payments
made pursuant to subparagraph (C) shall be made on a monthly basis.
   (2) (A) For qualifying students on active duty, the established
charges that similarly circumstanced nonqualifying students enrolled
in the approved program of education involved would be required to
pay.
   (B) Payments made pursuant to subparagraph (A) shall be made in a
lump-sum amount for the entire quarter, semester, or term, as
applicable, of the approved program of education before the
commencement of the quarter, semester, or term.
   (C) For each month for which amounts are paid to a qualifying
student under this paragraph, the entitlement of the qualifying
student shall be charged at the rate of one month for each month.
   (3) (A) For qualifying students who pursue an approved program of
education on a less than half-time basis, the established charges
that similarly circumstanced nonqualifying students enrolled in the
approved program of education involved would be required to pay.
   (B) Payments made pursuant to subparagraph (A) shall be made not
later than the last day of the month immediately following the month
in which certification is received by the Student Aid Commission from
the educational institution involved that the qualifying student has
enrolled in and is pursuing an approved program of education at the
institution.
   (C) For each month for which amounts are paid to a qualifying
student under this paragraph, the entitlement of the qualifying
student to an award shall be charged at a percentage of a month equal
to the number of course hours borne by the qualifying student in
pursuit of the approved program of education involved divided by the
number of course hours for full-time pursuit of the approved program
of assistance.
   (4) For qualifying students who pursue a full-time program of
apprenticeship of other on-the-job training:
   (A) An amount equal to the established charges that similarly
circumstanced nonqualifying students enrolled in the approved program
of education would be required to pay.
   (B)  A monthly stipend in the amount of one thousand dollars
($1,000).
   (C) Payments made pursuant to subparagraph (A) shall be made in
either a lump sum before the commencement of the program, as
determined by the Student Aid Commission, or on a monthly basis.
Payments made pursuant to subparagraph (B) shall be made on a monthly
basis.
   (D) For each month for which amounts are paid to a qualifying
student under this paragraph, the entitlement of the qualifying
student shall be charged at the rate of one month for each month.
   (5) For qualifying students who pursue an approved program of
education exclusively by correspondence:
   (A) An amount equal to 55 percent of the established charges that
similarly circumstanced nonqualifying students enrolled in the
approved program of education would be required to pay. For purposes
of this subparagraph, "established charges" means the lesser of the
charge for the course or courses under the approved program of
education, as determined on the basis of the lowest extended time
payment plan offered by the educational institution involved or the
actual charge to the qualifying student for the course or courses.
   (B) Payments made pursuant to subparagraph (A) shall be made
quarterly on a pro rata basis for the lessons completed by the
individual and serviced by the educational institution involved.
   (C) For each month for which amounts are paid to a qualifying
student under this paragraph, the entitlement of the qualifying
student shall be charged at the rate of one month for each month.
   (6) For qualifying students who pursue an approved program of
education consisting of flight training:
   (A) An amount equal to the established charges that similarly
circumstanced nonqualifying students enrolled in the approved program
of education would be required to pay.
   (B) A monthly stipend in the amount of one thousand dollars
($1,000).
   (C) Payments made pursuant to subparagraphs (A) and (B) shall be
made on a monthly basis.
   (D) For each month for which amounts are paid to a qualifying
student under this paragraph, the entitlement of the qualifying
student shall be charged at the rate of one month for each month.
   (c) A qualifying student entitled to an award pursuant to this
chapter shall also be entitled to payment for one licensing or
certification test. The amount payable pursuant to this subdivision
shall not exceed the lesser of two thousand dollars ($2,000) or the
fee charged for the test. Any amount paid to a qualifying student is
in addition to any other education assistance benefit provided to the
qualifying student under this chapter.
   (d) Qualifying students shall not receive both an award pursuant
to this chapter and any Cal Grant Award for the same academic year.
   1007.3.  (a) The Student Aid Commission shall administer the award
program, and, in consultation with the Adjutant General and the
Military Department, shall adopt rules and regulations for this
purpose. The Student Aid Commission may solicit the advice of
representatives from postsecondary educational institutions regarding
any proposed rules and regulations. The rules and regulations shall
include, but are not limited to, the following:
   (1) Methods for determining the number of months, including
fractions thereof, of entitlement of a qualifying student to an award
pursuant to this chapter that are chargeable pursuant to this
chapter for an advance payment of amounts for pursuit of an approved
program of education on a quarter, semester, term, or other basis.
   (2) The nature and amount of tuition, fees, and other expenses
constituting the established charge for a program of apprenticeship
or training, including room and board.
   (b) The Student Aid Commission may enter into contracts with a
public agency or a private entity to improve the processing and
distribution of awards through the use of electronic networks and
unified databases.