BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 1075
AUTHOR: Correa
AMENDED: April 15, 2010
FISCAL COMM: Yes HEARING DATE: April 21, 2010
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : Military Service Benefits
SUMMARY
This bill requires academic institutions to accommodate and
assist students who are called to active military duty so
they can meet any and all coursework requirements missed due
to military service.
BACKGROUND
Existing federal law, the Service members Civil Relief Act
(SCRA), which expanded the former Soldiers' and Sailors'
Civil Relief Act (SSCRA), provides a wide range of
protections for individuals entering, called to active
military duty, and deployed service members. The intent is
to postpone or suspend certain civil and financial
obligations to enable service members to devote "full
attention to duty." Reservists and members of the National
Guard when in active federal service are also protected under
SCRA. (United States Code 101)
Existing state law provides various protections to service
members that are consistent with those found within the SCRA
including but not limited to protections regarding court
proceedings, credit contract obligations, rental agreements,
and eviction protections. (Military and Veterans Code
800-811)
The California Military Families Financial Relief Act of 2005
protects college students called to active duty from tuition
loss by requiring institutions to either 1) credit 100
percent of the tuition and fees toward a subsequent academic
year or 2) provide a full refund of the tuition and fees if
the student withdraws before the withdraw date established by
the institution. (MVC 824)
SB 1075
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Existing state law requests the University of California and
requires the California State University and each community
college to grant priority registration for enrollment to
former members of the Armed Forces of the United States
within two years of leaving active military duty. (Education
Code 66025.8)
ANALYSIS
This bill :
1) Revises the definitions of "service member" and
"military service" for purposes of the California
Military Families and Financial Relief Act.
2) Requires academic institutions, upon request by a
student granted an academic leave of absence, to do one
of the following:
a) Make arrangements to 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.
b) Credit tuition and fee charges toward a
subsequent academic term in an amount that is equal
to 100% of what the student paid for the academic
term in which the student is required to report for
military service.
c) Refund tuition and fees paid for the academic
term, provided the student withdraws before the
withdraw date established by the institution.
STAFF COMMENTS
1) Need for the bill : California has enacted many
protections for California service members serving in
the active, reserve, and the National Guard military
components. According to the author, it appears that
California Community Colleges and state universities
have varying policies concerning academic leaves of
absence for students ordered into military service. The
author maintains that there have been instances in which
postsecondary institutions have not extended statutory
protections to California National Guard members who are
ordered into Emergency State Active duty by the
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Governor.
2) Who's included : This bill applies to members of the
active duty and reserve branches of the United States
armed forces and the militia of the state who are
students enrolled in an institution of higher education
and "ordered to duty" by either the President of the
United States or the Governor of California.
In recent years it has become common to activate reserves for
short periods of time to provide service to communities
affected by natural or man-made disasters. While
students ordered to federal active duty service may have
enough advance notice to plan for and request a formal
academic leave of absence, students called to state
military active duty service are often called to service
for shorter periods within a grading term and may not
have sufficient notice to work out arrangements in
advance with their instructors. Students in such
situations may miss critical assignments or tests, which
can delay their educational progress if their
instructors do not allow the students to make up missed
coursework. This bill adds to the protections currently
provided with regard to tuition by providing students
the option to request accommodations to enable them to
meet "any and all" coursework requirements they may have
missed due to military service. Since these students do
not realistically have the option of refusing to report
to duty, this bill helps ensure they are not treated in
the same ways as students who voluntarily choose to miss
class or complete required coursework.
3) What's reasonable ? As written, this bill would require
institutions to provide assistance and accommodations to
enable a student to meet any and all coursework
requirements missed during active duty. What if a
student misses substantial amounts of class time or
coursework or what if the course is a drama class in
which the capstone requirement is a play? Could the
"any and all" requirement obligate institutions and
instructors to make unreasonable accommodations?
Staff recommends amending paragraph (1) of Section 824(a) to
require institutions 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.
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4) Other committee action . The Senate Veterans Affairs
Committee heard SB 1075 on April 13, 2010 and passed the
bill by a 4-0 vote.
5) Related and prior legislation .
SB 361 (Runner, Chapter 351, Statutes of 2009)
limited priority registration for enrollment at the
California State University (CSU) and the
University of California (UC) to former military
members who received an honorable discharge.
SB 272 (Chapter 356, Statutes of 2007)
required the CSU and requested the University of
California to give priority registration for
enrollment to former members of the armed forces as
specified.
SUPPORT
American Legion Department of California
AMVETS: Department of California
Vietnam Veterans of America, California State Council
OPPOSITION
None received.