Bill Text: CA AB636 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 636 (Prior Session Legislation)

Bill Title: Military service: benefits.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-09-21 - Chaptered by Secretary of State - Chapter 293, Statutes of 2011. [AB636 Detail]

Download: California-2011-AB636-Chaptered.html

BILL NUMBER: AB 636	CHAPTERED
	BILL TEXT

	CHAPTER  293
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2011
	PASSED THE SENATE  AUGUST 22, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011
	AMENDED IN SENATE  JULY 12, 2011
	AMENDED IN ASSEMBLY  MAY 9, 2011
	AMENDED IN ASSEMBLY  APRIL 12, 2011

INTRODUCED BY   Assembly Member Knight
   (Coauthor: Assembly Member Beth Gaines)

                        FEBRUARY 16, 2011

   An act to amend Section 824 of the Military and Veterans Code,
relating to military service.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 636, Knight. Military service: benefits.
   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, including requiring that specified institutions that grant
a student a military leave of absence make arrangements to
reasonably accommodate and assist the student in meeting coursework
requirements missed due to military service, 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
provided the student withdraws from the institution by a specified
date, at the student's election.
   This bill would revise the conditions for a tuition and fees
refund to remove the requirement of the student's withdrawal by a
specified date. The bill would also require any refund toward an
academic term to equal 100% of the tuition and fees paid to the
institution for the academic term in which the student was 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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 824 of the Military and Veterans Code is
amended to read:
   824.  (a) If requested by a student granted an academic leave of
absence for military service, not later than one year after the
student's release from military service, other than a dishonorable
release, the institution in which the student is enrolled shall do
one of the following, as elected by the student:
   (1) 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) 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
percent of the tuition and fee charges the student paid the
institution for the applicable academic term.
   (b) If requested by a student granted an academic leave of absence
for military service, not later than one year after the student's
release from military service, other than a dishonorable release, the
institution shall 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.
   (c) If an institution fails to comply with this section, the
student may bring an action against the institution to enforce its
provisions in any court of competent jurisdiction of the county in
which the student resides. If the student resides outside of this
state, the action shall be brought in the court of the county in
which the campus of the institution previously attended by the
student is located. The court may award reasonable attorney's fees
and expenses if the student prevails in the action.
   (d) The Legislature hereby requests that the University of
California adopt policies similar to those set forth in this section.

   (e) For purposes of this section, "institution" includes any
public postsecondary educational institution and any private
postsecondary educational institution, as defined in Section 94858 of
the Education Code.