BILL ANALYSIS �
AB 636
Page 1
ASSEMBLY THIRD READING
AB 636 (Knight)
As Amended May 9, 2011
Majority vote
VETERANS AFFAIRS 7-0 HIGHER EDUCATION 9-0
-----------------------------------------------------------------
|Ayes:|Cook, Pan, Atkins, Block, |Ayes:|Block, Donnelly, |
| |Nielsen, Williams, Yamada | |Achadjian, Brownley, |
| | | |Fong, Galgiani, Lara, |
| | | |Miller, Portantino |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
| | | | |
-----------------------------------------------------------------
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)Requires the higher education institution to provide, at the
student's election, a refund of tuition and fees paid for the
academic term in which the student is required to report for
military service, regardless of the institution's withdraw
date.
2)Removes the provisions granting a credit option to the
withdrawing student.
EXISTING LAW :
1)Provides certain protections for members of the National Guard
ordered into active state service by the Governor or active
AB 636
Page 2
federal service by the President of the United States for
emergency purposes, and for reservists called to active duty,
as specified.
2)Requires 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.
3)States that to receive a credit or refund, the student must
withdraw from the institution by a specified date.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, moderate annual tuition and fee revenue loss,
potentially in excess of $150,000, depending on deployment needs
and number of service persons attending community colleges,
California State University and University of California to
provide additional refunds to students deployed after a school's
specified withdrawal deadline. For example, should this bill
affect 125 community college students and 25 CSU students in a
given year, the cost for refunds or credit would be about
$160,000.
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 (e.g., crowding, staffing, accounting) to
preserving academic integrity.
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.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
AB 636
Page 3
FN:
0000882