BILL NUMBER: AB 636	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 16, 2011

   An act to amend Section 824 of the Military and Veterans Code,
relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 636, as introduced, Knight. Military service: benefits.
   Existing law provides certain protections for members of the
National Guard ordered into active state service by the Governor or
active federal service by the President of the United States for
emergency purposes, and for reservists called to active duty, as
specified, including requiring that specified institutions that grant
a student a military leave of absence make arrangements to
reasonably accommodate and assist the student in meeting coursework
requirements missed due to military service, credit the student's
tuition and fee charges toward a subsequent academic term, or grant a
refund of tuition and fees paid by the student for the academic term
provided the student withdraws from the institution by a specified
date, at the student's election.
   This bill would revise the conditions for a tuition and fees
refund to remove the requirement of the student's withdrawal by a
specified date. The bill would also require any credit toward a
subsequent academic term to be equal to 100% of the cost of the
subsequent academic term, rather then 100% of the cost of the missed
academic term, and would provide that the subsequent term not be less
than or exceed the missed term.
   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.  Section 824 of the Military and Veterans Code is
amended to read:
   824.  (a) If requested by a student granted an academic leave of
absence for military service, not later than one year after the
student's release from military service, other than a dishonorable
release, the institution in which the student is enrolled shall do
one of the following, as elected by the student:
   (1) The institution shall make arrangements 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.
   (2) The institution shall credit tuition and fee charges toward a
subsequent academic term in an amount that is equal to 100 percent of
 what the student paid the institution   the
cost  for the  subsequent  academic term  in
which the student is required to report for military service
  , and the term credited shall not be less than, or
exceed, the original term  .
   (3) The institution shall refund tuition and fees paid for the
academic term  , provided the student withdraws before the
withdraw date established by the institution   in which
the student is required to report for military service  . The
refund shall equal 100 percent of the tuition and fee charges the
student paid the institution for the academic term.  If the
student withdraws after the withdraw date established by the
institution, the student is ineligible for a refund of tuition and
fee charges. For the purposes of this section, the "withdraw date"
shall be the same as the date set by the institution for its general
student population to withdraw from the institution or a course or
class without academic penalty. 
   (b) If requested by a student granted an academic leave of absence
for military service, not later than one year after the student's
release from military service, other than a dishonorable release, the
institution shall restore the student to the educational status the
student had attained prior to being called to military service
without loss of academic credits earned, scholarships or grants
awarded, or tuition and other fees paid prior to the commencement of
military service.
   (c) If an institution fails to comply with this section, the
student may bring an action against the institution to enforce its
provisions in any court of competent jurisdiction of the county in
which the student resides. If the student resides outside of this
state, the action shall be brought in the court of the county in
which the campus of the institution previously attended by the
student is located. The court may award reasonable attorney's fees
and expenses if the student prevails in the action.
   (d) The Legislature hereby requests that the University of
California adopt policies similar to those set forth in this section.

   (e) For purposes of this section, "institution" includes any
public postsecondary educational institution and any private
postsecondary educational institution, as defined in Section 94858 of
the Education Code.