BILL ANALYSIS
SB 1075
Page 1
Date of Hearing: June 15, 2010
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
SB 1075 (Correa) - As Amended: April 28, 2010
SENATE VOTE : 33-0
SUBJECT : Military Service: Benefits
SUMMARY : Revises the definitions of "service member" and
"military service" for purposes of the California Military
Families Financial Relief Act. Specifically, this bill requires
academic institutions, upon request by a student granted leave
of absence status due to active military duty, to either
accommodate and assist the student in completing missed
coursework, credit the student an amount equal to 100 percent of
paid tuition and fees to be used for a subsequent academic term,
or refund tuition and fees in full if the student withdraws
before the institution's established withdraw date.
EXISTING LAW :
1) Establishes the Servicemembers Civil Relief Act (SCRA),
which expanded the Soldiers' and Sailors' Civil Relief Act.
The intent of the SCRA is to postpone or suspend certain civil
and financial obligations of service members to enable them to
devote "full attention to duty.
2) Provides numerous protections to service members that are
consistent with those found within the SCRA. These protections
include issues such as court proceedings, credit contracts, and
evictions.
3) Establishes the California Military Families Financial
Relief Act of 2005 to protect college students called to active
duty from tuition loss by requiring institution to either (1)
credit 100 percent of the tuition and fees toward a subsequent
academic year or (2) provide a full refund of tuition and fees
if the student withdraws before the established withdraw date
at a given institution.
4) Requests that the University of California (UC) and requires
the California State University (CSU) and each community
college to grant priority registration for enrollment to former
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members of the Armed Forces of the United States within two
years of leaving active military service.
FISCAL EFFECT : According to the Senate Appropriations
Committee, likely minor costs to UC, CSU, and community
colleges.
COMMENTS : California has enacted many protections for
California service members serving in the active, reserve, and
the National Guard military components. According to the
author's office, it appears that the California Community
Colleges and state universities have varying policies concerning
academic leaves of absence for students ordered into military
service. The author's office 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 Governor.
This bill applies to members of the active duty and reserve
branches of the Armed Forces of the United States and California
National Guard 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 and
National Guard forces for short periods of time to provide
service to communities affected by federal and state
emergencies. While students ordered to federal active duty
service may have enough advance notice to plan for and request a
formal academic leave of absence. However, National Guard and
reserve 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 these 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
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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.
REGISTERED SUPPORT / OPPOSITION :
Support
AMVETS, Department of California
Brigadier General Mary Kight, Adjutant General, State of
California
National Guard Association of California
Vietnam Veterans of America, California State Council
Opposition
None on file.
Analysis Prepared by : Matthew Knox/ V. A. / (916) 319-3550