BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 636
AUTHOR: Knight
AMENDED: May 9, 2011
FISCAL COMM: Yes HEARING DATE: July 6, 2011
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Military service benefits.
SUMMARY
This bill modifies requirements under the California
Military Families Financial Relief Act regarding the refund
of tuition and fees paid by students called to military
service by public and private postsecondary educational
institutions.
BACKGROUND
Current law establishes the California Military Families
Financial Relief Act of 2005. (Military and Veterans Code �
820)
Under the Act, any public or private postsecondary
educational institution in which an enrolled student is
granted academic leave of absence for military service, if
requested and as elected by the student within a year after
release from military service, is required to:
1) Make arrangements to reasonably accommodate and assist
the student so that he or she is able to meet any and
all coursework requirements missed due to military
service.
2) 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 for
the academic term in which the student is required to
report for military service.
3) Refund 100 percent tuition and fees paid for the
academic term, provided the student withdraws before
AB 636
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the withdraw date established by the institution. A
student who withdraws after that date is ineligible
for a refund of tuition and fee charges.
The institution is also required, if requested by the
student, to 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.
Failure to comply with these requirements authorizes the
student to bring an action against the institution to
enforce them and authorizes a court to award reasonable
attorney's fees and expenses if the student prevails.
The University of California is requested to adopt similar
policies. (Military and Veteran's Code � 824)
ANALYSIS
This bill modifies requirements under the California
Military Families Financial Relief Act regarding the refund
of tuition and fees to students called to military service.
Specifically it:
1) Clarifies that a refund of tuition and fees only
occurs if accommodation of the student to meet all
coursework requirements cannot be reached.
2) Deletes the requirement that a student withdraw before
the institution's established withdrawal date in order
to receive a refund equal to 100 percent of the
tuition and fees paid for the academic term in which
the student is required to report for military
service.
3) Requires the institution to refund 100 percent of the
tuition and fees paid by the student for the
subsequent academic term in which the student was
required to report for military service.
STAFF COMMENTS
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1) Need for the bill . The purpose of this bill is to
allow a service member in the United States military
who must withdraw from school due to deployment the
option of reasonable accommodation, credit of tuition
toward a subsequent term, or a refund of tuition and
fees already paid, regardless of withdrawal date.
According to the author, servicemen and women have no
choice when they depart and are often given a short
time frame to prepare to leave on deployment. If
forced to leave mid-term, they deserve to be given an
opportunity for compensation, regardless of the date
the institution mandates for student withdrawal.
2) Need for further clarification . This bill attempts to
ensure that students are credited with a 100 percent
refund of fees and tuition paid whether they are
forced by their military service to leave before the
academic session begins, or at any time during the
academic session. As currently drafted it is unclear
that this is the objective intended by subdivision
(a)((2), on page 3 lines 3-6. Staff recommends the
bill be amended to more clearly accomplish this
objective.
3) Double-referred . This bill was referred to both the
Senate Committees on Veterans Affairs and Education.
The bill was heard by the Senate Veterans Affairs
Committee on June 14, 2011 and passed by a
vote of 7-0.
SUPPORT
Board of Governors, California Community Colleges
California Community College League
California Federation of Teachers
OPPOSITION
None received.