BILL ANALYSIS                                                                                                                                                                                                    �






                      SENATE COMMITTEE ON VETERANS AFFAIRS
                              LOU CORREA, CHAIRMAN
                                             


          Bill No:        AB 636
          Author:         Knight
          Version:        As amended May 9, 2011
          Hearing Date:   June 14, 2011
          Fiscal:         Yes
          Consultant:     Donald E. Wilson




                                 SUBJECT OF BILL  
          Tuition refund  
           
                                   PROPOSED LAW  
           
           Refund college tuition and fees to members of the military 
          who are called to active service in the middle of a 
          semester.
                                         
                          EXISTING LAW AND BACKGROUND  
          
          1.  Existing law states, "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.  Sometimes reservists and guard members are activated in 
          as little as 10 days.

          3.  The California Military Families Financial Relief Act 
          of 2005, which protects college students called to active 
          duty from tuition loss by requiring institutions to either 
          1) credit 100% of the tuition and fees toward a subsequent 
          academic year or 2) provide a full refund of the tuition 
          and fees if the student withdraws before the withdraw date 
          established by the institution.  This law was expanded to 
          include members of the National Guard SB 1075 (Correa), 
          Chapter 284, Statutes of 2010].  (MVC � 824)   

          4.  Requires the California State University (CSU) and the 









          California Community Colleges (CCC), and requests the 
          University of California (UC), to establish, and update as 
          necessary, a written policy concerning students who are 
          called to active military service, as specified, and to 
          refund fees to students who are called to active military 
          service.  (Education Code � 66023)

          5.  Existing state law requires CSU and CCC, and requests 
          UC, to grant priority registration for enrollment to former 
          members of the Armed Forces of the United States within two 
          years of leaving active military duty.  (EC � 66025.8)


                                         
                                    COMMENT  
          
          1.  Attempts to protect service members from situations 
          beyond their control when their country calls are not new.  
          Reforms were passed in the Civil War era that placed a 
          moratorium on civil actions against Union soldiers during 
          the war.  In the two World Wars, the Soldiers and Sailors 
          Civil Relief Act (SSCRA) was passed.

          2.  According to the author's office, "Servicemen and women 
          obviously have no choice when they depart, and are often 
          given a short time frame in which to prepare to leave on 
          deployment.  If they are forced to leave mid-term, they 
          deserve to be given an opportunity for compensation, 
          regardless of the date the institution mandates for student 
          withdrawal."


                                     SUPPORT  
          
          American Legion, Department of California
          AMVETS, Department of California
          California Federation of Teachers
          California State Commanders Veterans Council
          Community College League of California
          Chancellor's Office California Community Colleges



                                      OPPOSE  

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          None received










































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