BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1781
                                                                  Page  1

          Date of Hearing:   April 1, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                 AB 1781 (Linder) - As Introduced:  February 18, 2014
           
          SUBJECT  :   California National Guard Education Assistance Award  
          Program.

           SUMMARY  :   Revises the eligibility condition of the California  
          National Guard (CNG) Education Assistance Award Program (EAAP)  
          to specify that it is satisfied by a person enrolling in at  
          least three academic units per semester, or the equivalent  
          thereof, including summer sessions and intersession terms.   

           EXISTING LAW  :

          1)Establishes the CNG EAAP to enhance retention within the CNG  
            and sets  specific conditions of eligibility for participation  
            in the program, including, but not limited to the following:  
            1) the person is a resident of California, as specified in  
            current law; 2) the person is an active member of, and has  
            served two years in, the CNG, the State Military Reserve  
            (SMR), or the Naval Militia; 3) the person has been accepted  
            or registered at, enrolled in, a qualifying institution, as  
            specified in current law; 4) the person has submitted the Free  
            Application for Federal Student Aid (FAFSA) to the U. S.  
            Department of Education; and, 5) each person applying for the  
            CNG EAAP shall submit an application for an award to the  
            Adjutant General; 

          2)Specifies that the California Student Aid Commission (CSAC) is  
            responsible for issuing the awards upon receipt of a  
            certificate from the Adjutant General verifying that the  
            applicant meets the eligibility requirements and requires CSAC  
            to report annually to the Legislature regarding the EAAP  
            participants, as specified;

          3)Specifies that qualifying members shall not receive both a CNG  
            EAAP and any Cal Grant award in the same academic year and  
            specifies the amount of an award issued shall be as follows:  
            1) for a recipient attending the University of California (UC)  
            or the California State University (CSU), the maximum amount  
            of the Cal Grant A award, pursuant to current law, as adjusted  
            in the annual Budget Act; 2) for a recipient attending a  








                                                                  AB 1781
                                                                  Page  2

            community college, the maximum amount of the Cal Grant B  
            award, pursuant to current law, as adjusted in the annual  
            Budget Act; and, 3) for a recipient attending a nonpublic  
            institution, the maximum amount of a Cal Grant A award for a  
            student attending the UC pursuant to current law, as adjusted  
            in the annual Budget Act; 

          4)Specifies the following: 1) an award used for graduate studies  
            shall not exceed the maximum amount of a Cal Grant A award, as  
            specified, plus $500.00 for books and supplies; 2) the award  
            amount shall not exceed the difference between the recipient's  
            cost of attendance and any other student financial aid and  
            educational benefits pursuant to the federal Montgomery GI  
            Bill (38 U.S.C. Sec. 3001, et seq.) or any other federal  
            educational benefits program for veterans; and, 3) CNG  
            Education Assistance awards may be renewed for each new  
            academic year, for a maximum of the greater of either 1) four  
            years of full-time equivalent enrollment or 2) the duration  
            for which the qualifying member would otherwise be eligible  
            pursuant to the Cal Grant Program, if the Adjutant General  
            certifies the qualifying member's eligibility and the  
            qualifying member maintains at least a 2.0 cumulative grade  
            point average; and,

          5)Tasks the Legislative Analyst's Office (LAO), on or before  
            January 1, 2016, to prepare and submit to the Legislature a  
            report on the CNG EAAP, including recommendations for  
            modifying or extending the CNG EAAP; and, specifies that the  
            CNG EAAP, as of July 1, 2019 shall become inoperative, and on  
            January 1, 2020, is repealed unless a later enacted statute,  
            that becomes operative on or before January 1, 2020, deletes  
            or extends the dates on which it becomes inoperative and is  
            repealed (Education Code � 69999.16, et seq.).

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    Background  .  The CNG EAAP, which went into effect on  
          January 1, 2010, is a State-funded grant for up to 1,000 service  
          members in the CNG, SMR, or the Naval Militia, or as many  
          participants as the annual budget will allow.  CNG EAAP  
          authorizes the CSAC to make payments to eligible program  
          participants.  Participants can receive up to the amount of the  
          Cal Grant A award for attending the UC or the CSU, up to the Cal  
          Grant B award for attending a community college, or up to the UC  
          Cal Grant A amount for attending a non-public institution.  CNG  








                                                                  AB 1781
                                                                  Page  3

          EAAP graduate school students may receive an additional $500.00  
          for books and supplies. 

           Application process  .  Initial applicants must submit an EAAP  
          Initial Application, the Statement of Understanding, and FAFSA  
          prior to the application deadline dates indicated below. For  
          initial applicants, the priority application period starts on  
          January 15 (or the next business day) and ends on the priority  
          deadline date of April 30.  The application process will  
          continue to remain open after April 30 on a first-come,  
          first-serve basis until January 14, or until all awards have  
          been exhausted.  Renewal participants must complete the EAAP  
          Renewal Application and the Renewal Statement of Understanding.  
          Renewal paperwork is available from January 15 (or the next  
          business day) through the deadline date of June 1.  Failure to  
          renew will result in withdrawal from the CNG EAAP.

           Award dollars  .  The award amounts for recipients of the CNG EAAP  
          for the 2012-2013 and the 2013-14 Academic Year are:

          1)Up to $1,473.00 at the community college (per Cal Grant B)

          2)Up to $12, 192 at the UC or a non-public institution (per Cal  
            Grant A)

          3)Up to $5,472  at the CSU (per Cal Grant A)

           Need for the bill  .  According to the author, because summer and  
          intersession terms are not a part of the CNG EAAP eligibility  
          formula, student soldiers do not have the flexibility to take  
          courses on their own schedule if they happen to have a free  
          summer, extra time in winter, or if they have some sort of  
          hardship keeping them from enrolling during the traditional  
          spring and fall semester/quarters.  The author contends that  
          this bill would help fulfill the mission of California's  
          postsecondary institutions, to reduce costs on students, help  
          alleviate the risk of debt and, ultimately expedite the time  
          that it takes to graduate.  The author states, "This measure is  
          an easy and cost neutral way to support our State's soldiers in  
          their pursuit of academic achievement.  The CNG students will  
          not be allocated any more money than they are now, instead they  
          will simply be able to extend whatever EAAP money they currently  
          receive to intersession and summer school terms, if they chose  
          to." 









                                                                  AB 1781
                                                                  Page  4

           How many  ?  According to the California Military Department,  
          since the enactment of the CNG EAAP, to date, the program has  
          not exceeded 1,000 awards in one academic year.  To note, thus  
          far in the 2013-14 academic year (AY), there are 345  
          participants.  The chart below shows the number of participants  
          in the CNG EAAP over the course of four years:

           ----------------------------------------------------------------- 
          |               AY               |Number of CNG EAAP Participants |
          |--------------------------------+--------------------------------|
          |2009-10                         |243                             |
          |--------------------------------+--------------------------------|
          |2010-11                         |450                             |
          |--------------------------------+--------------------------------|
          |2011-12                         |322                             |
          |--------------------------------+--------------------------------|
          |2012-13                         |292*                            |
           ----------------------------------------------------------------- 
          *For the 2012-13 AY, 156 previously qualifying institutions  
          became ineligible because of a change to the definition of a  
          qualifying institution for the Cal Grant program.  Due to this  
          change, 59 new applicants who had submitted completed  
          applications had to be turned away. 
           
          Award dollars  ?  According to the California Military Department,  
          in the 2013-14 AY, $2,445,535.00 has been budgeted for CNG EAAP  
          awards.  To date, the CNG EAAP has paid out $1,532,485.00 in  
          awards for the 2013-14 AY.   To note, the California Military  
          Department is projected to use all the funds for this AY.  The  
          chart below shows the dollar amount that has been awarded to  
          eligible participants over the course of four years:

           ----------------------------------------------------------------- 
          |               AY               |   Distributed Award Dollars    |
          |--------------------------------+--------------------------------|
          |2009-10                         |$795,759.00                     |
          |--------------------------------+--------------------------------|
          |2010-11                         |$2,472,246.00                   |
          |--------------------------------+--------------------------------|
          |2011-12                         |$2,418,392.00                   |
          |--------------------------------+--------------------------------|
          |2012-13                         |$1,988,534.00*                  |
          |                                |                                |
           ----------------------------------------------------------------- 
          *For the 2012-13 AY, 156 previously qualifying institutions  








                                                                  AB 1781
                                                                  Page  5

          became ineligible because of a change to the definition of a  
          qualifying institution for the Cal Grant program.  Due to this  
          change, 59 new applicants who had submitted completed  
          applications had to be turned away. 

           Staff comments  .  If the intent of the author is to simply allow  
          an eligible person to use his or her CNG EAAP award during  
          summer sessions and intersession terms and not mandate that an  
          eligible person must attend summer sessions and intersession  
          terms in order to be eligible to receive the CNG EAAP award; the  
          author may wish to work with Legislative Counsel in order to  
          ensure his intent leaves no room for ambiguity. 

           Related legislation  .  AB 1862 (Melendez), which is scheduled to  
          be heard by this committee today, deletes the sunset of the CNG  
          EAAP.
           
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Community College League of California

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960