BILL ANALYSIS �
AB 636
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CONCURRENCE IN SENATE AMENDMENTS
AB 636 (Knight)
As Amended July 12, 2011
Majority Vote
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|ASSEMBLY: |78-0 |(June 1, 2011) |SENATE: |35-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: V.A.
SUMMARY : A student who withdraws prior to or during the
academic term from an institution due to active military service
may receive a full refund of tuition and fees paid, even if the
withdrawal is after the normal withdrawal deadline.
The Senate amendments slightly modify the Assembly version of
this bill:
1)Specify that the institution shall refund the tuition and fees
paid by the student for the academic term in which the student
is required to report for military service regardless of
whether the student was called to military service before the
academic term had commenced or after the academic term had
commenced. The refund shall equal 100% of the tuition and fee
charges the student paid the institution for the applicable
academic term.
2)Clarify the provisions setting the amount of the refund at the
cost of the subsequent academic term.
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.
AS PASSED BY THE ASSEMBLY , this bill accomplished the same goal
AB 636
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of allowing a student who withdraws from an institution to
receive a refund regardless of withdrawal date. The Assembly
version of this bill also contained language that the student
refund amount would equal 100% of what the student paid the
institution for the subsequent academic term in which the
student was required to report for military service.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the exact costs will be determined by the number of
students who are called to active military service while in the
midst of an academic term, and after the withdraw date specified
by the institution. However, during fiscal year 2008-09 the
California Community Colleges showed a total of 321 military
withdrawals statewide resulting in refunds of about $26,000.
Although AB 636 will require the refunding of additional tuition
fees, it is not expected to result in a significant impact.
According to the California State University, the instance of
refunding tuition is not common and the expansion in this bill
will not result in significant new costs. The University of
California indicates that this bill only codifies current
practice and does not expect any additional costs.
COMMENTS : The Senate version is consistent with the Assembly
version. The goal of this bill is to provide refund protection
for military higher education students who withdraw from school
for military service. Military students have little control
over withdrawal timing for military duty and performance of such
duty is a laudable public service. The bill as amended in the
Senate still accomplishes the main goal of the bill as passed by
the Assembly and protects military students.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
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