BILL ANALYSIS �
AB 635
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 635 (Knight) - As Introduced: February 16, 2011
SUBJECT : Veterans' benefits: public postsecondary education:
mandatory educational fees.
SUMMARY : Specifically, this bill: permits the Trustees of the
California State University, the Regents of the University of
California, and the Board of Governors of the California
Community Colleges to designate mandatory education fees as
tuition for purposes of veterans' benefits.
EXISTING LAW: Existing law authorizes the governing bodies of
the academic institutions to charge fees.
1) University of California: California Constitution Article
IX, Section 9:
The University of California shall constitute a public
trust, to be administered by the existing corporation known
as "The Regents of the University of California," with full
powers of organization and government, subject only to such
legislative control as may be necessary to insure the
security of its funds and compliance with the terms of the
endowments of the university?
Regents Policy 3101: THE UNIVERSITY OF CALIFORNIA STUDENT
TUITION AND FEE POLICY A Student Tuition and Fee Policy
affecting Tuition and the Student Services Fee is
established with the following provisions.
A. Tuition
Tuition?is a Universitywide mandatory charge assessed
against each resident and nonresident registered student?
B. The Student Services Fee
? students are assessed the Student Services Fee which is a
Universitywide mandatory charge.
3) State Universities:
California Education Code � 89700. (a) The trustees may by
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rule require all persons to pay fees, rents, deposits, and
charges for services, facilities or materials provided by
the trustees to such persons. The trustees may, by rule,
provide for the method of collecting such fees, rents,
deposits, and charges, and may, by rule, provide for the
refund in whole or part of such fees, rents, deposits, and
charges collected in error or collected for facilities,
services, or materials not utilized.
5 California Code of Regulations � 41800. Payment of Fees.
(a) Amount Generally. Students and other persons receiving
services, facilities or materials provided by the
California State University shall pay fees in accordance
with the schedule of fees approved by the Board of
Trustees.
4) Under the Montgomery GI Bill and the Post 9/11 GI Bill both
fees and tuition are payable as part of the educational
assistance allowance:
Title 38 United States Code �3481. Educational assistance
allowance
(a) General.- The Secretary shall, in accordance with the
applicable provisions of this section and chapter 36 of
this title, pay to each eligible veteran who is pursuing a
program of education under this chapter an educational
assistance allowance to meet, in part, the expenses of the
veteran's subsistence, tuition, fees, supplies, books,
equipment, and other educational costs.
Title 38 United States Code � 3313. Educational assistance:
amount; payment
(a) Payment.- The Secretary shall pay to each individual
entitled to educational assistance under this chapter who
is pursuing an approved program of education (other than a
program covered by subsections (e) and (f)) the amounts
specified in subsection (c) to meet the expenses of such
individual's subsistence, tuition, fees, and other
educational costs for pursuit of such program of education.
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FISCAL EFFECT : Unknown.
COMMENTS :
There are two current "GI Bill" programs administered by the
U.S. Department of Veterans Affairs. The older of these two
programs is known as the Montgomery GI Bill, the more recent,
the Post 9/11 GI Bill. Under both versions of the GI Bill
program, both tuition and fees are payable and no distinction is
made between them.
Under the Montgomery GI Bill, participants receive direct
payments to them of a fixed educational benefit, adjusted
annually, based on a national average. Students then pay tuition
and fees from the benefit they receive. They may also use the
benefit to pay for housing or books.
There are a host of generous benefits under the Post 9/11 GI
Bill, among these are tuition and fee payment directly to the
school. The Post 9/11 program pays, "? Tuition & fees - paid
directly to the school - not to exceed the maximum in-state
undergraduate tuition & fees at a public Institution of Higher
Learning.
The bill is permissively worded. It does not require
educational institutions to change the way they designate
charges as fees vs. tuition. It is unclear that the bill as
worded will cause any change in institutional behavior.
Under both versions of the GI Bill, costs of education are
payable without regard to whether they are designated by an
academic institution as tuition or fees. The bill allows an
institution to designate mandatory educational fees as tuition,
however, even if the institution does so, this will not change
the benefits received by GI Bill students or payable to the
institution.
REGISTERED SUPPORT / OPPOSITION :
Support
AMVETS-Department of California, California State Commanders
Veterans Council.
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Opposition
None
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550