BILL ANALYSIS �
AB 636
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Date of Hearing: April 5, 2011
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Paul J. Cook, Chair
AB 636 (Knight) - As Introduced: February 16, 2011
SUBJECT : Military service: benefits. Tuition and fees refunds.
SUMMARY : Revises the conditions of tuition and fee refund for
a student who withdraws from an academic institution due to
active military service. Specifically, this bill :
1) Removes the requirement that a student must withdraw by
a specified date in order to receive tuition and fee
reimbursement;
2) Requires any credit toward a subsequent academic term to
be equal to 100% of the cost of the subsequent academic
term, rather than 100% of the cost of the missed academic
term; and
3) Provides that the credited term shall not be less than,
or exceed, the original term.
EXISTING LAW : 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. Protections include
requiring academic institutions to grant a student a military
leave of absence, and at the student's election, 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. However, in order to receive a credit or
refund, the student must withdraw from the institution by a
specified date.
FISCAL EFFECT : Unknown
COMMENTS : It is equitable in the context of most students at
academic institutions to require that they withdraw by a
specified date in order to receive a refund or credit of tuition
and fees paid. A school reasonably requires a deadline by which
students must commit to a course or courses for reasons ranging
from logistics issues (crowding, staffing, accounting) to
preserving academic integrity.
AB 636
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In contrast, a military student ordered to active service has no
control over the timing of the student's withdrawal from an
institution. Students may have short notice times before they
must report for duty and/or deploy and much to do as they
transition from part-time to active duty military life. Such
students are withdrawing because the State or Nation requires
their service. Students in the circumstances contemplated by
this bill are highly unlikely to be manipulating the academic
system; they are being ordered to active service.
Policy Consideration: Should there be any limit on the date on
which a student can return to the institution and receive a
credit for the full cost of that subsequent academic term?
Perhaps the author would consider a reasonable time limit during
which a student might exercise his or her credit.
SIMILAR LEGISLATION : SB 1075 (Correa, Chapter 284, Statutes of
2010) required academic institutions to reasonably 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.
REGISTERED SUPPORT / OPPOSITION :
Support
American Legion-Department of California, AMVETS-Department of
California, California State Commanders Veterans Council.
Opposition
None.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550