AB 2894: Postsecondary education: students called to active military duty during an academic term.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-11
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the 5 segments of postsecondary education in this state.
Existing law requires public and private postsecondary educational institutions to refund 100% of the tuition and fees paid by a student 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.
This bill would provide that, subject to applicable federal, state, and institutional refund and withdrawal policies, when a student, as defined, is called to active military duty during an academic term, the student may: choose to withdraw from the institution, retroactive to the beginning of the academic term; if at least 75% of the term has been completed, choose to request that the faculty member assign a grade for the course based on the work the student has completed, as specified; or, if the faculty member assigns a grade of Incomplete for the students coursework, the student has a minimum of 4 weeks after returning to the institution to complete the course requirements, as prescribed. Under the bill, a student would be defined as a person enrolled, or previously enrolled, at a campus of any of the 5 segments of postsecondary education listed above.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the 5 segments of postsecondary education in this state.
Existing law requires public and private postsecondary educational institutions to refund 100% of the tuition and fees paid by a student 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.
This bill would provide that, subject to applicable federal, state, and institutional refund and withdrawal policies, when a student, as defined, is called to active military duty during an academic term, the student may: choose to withdraw from the institution, retroactive to the beginning of the academic term; if at least 75% of the term has been completed, choose to request that the faculty member assign a grade for the course based on the work the student has completed, as specified; or, if the faculty member assigns a grade of Incomplete for the students coursework, the student has a minimum of 4 weeks after returning to the institution to complete the course requirements, as prescribed. Under the bill, a student would be defined as a person enrolled, or previously enrolled, at a campus of any of the 5 segments of postsecondary education listed above.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the 5 segments of postsecondary education in this state.
Existing law requires public and private postsecondary educational institutions to refund 100% of the tuition and fees paid by a student 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.
This bill would provide that, subject to applicable federal, state, and institutional refund and withdrawal policies, when a student, as defined, is called to active military duty during an academic term, the student may: choose to withdraw from the institution, retroactive to the beginning of the academic term; if at least 75% of the term has been completed, choose to request that the faculty member assign a grade for the course based on the work the student has completed, as specified; or, if the faculty member assigns a grade of Incomplete for the students coursework, the student has a minimum of 2 4 weeks after returning to the institution to complete the course requirements. requirements, as prescribed. Under the bill, a student would be defined as a person enrolled, or previously enrolled, at a campus of any of the 5 segments of postsecondary education listed above.
Existing law establishes the California Community Colleges, the California State University, and the University of California California, independent institutions of higher education, and private postsecondary educational institutions as the 3 5 segments of public postsecondary education in this state. Existing law authorizes the California Community Colleges and the California State University, and encourages the University of California, to report to the Department of Veterans Affairs, on an annual basis, specified information regarding Military and Veterans Offices.
Existing law requires public and private postsecondary educational institutions to refund 100% of the tuition and fees paid by a student 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.
This bill would make nonsubstantive changes in this provision. provide that, when a student, as defined, is called to active military duty during an academic term, the student may: choose to withdraw from the institution, retroactive to the beginning of the academic term; if at least 75% of the term has been completed, choose to request that the faculty member assign a grade for the course based on the work the student has completed, as specified; or, if the faculty member assigns a grade of Incomplete for the students coursework, the student has a minimum of 2 weeks after returning to the institution to complete the course requirements. Under the bill, a student would be defined as a person enrolled, or previously enrolled, at a campus of any of the 5 segments of postsecondary education listed above.
Existing law establishes the California Community Colleges, the California State University, and the University of California as the 3 segments of public postsecondary education in this state. Existing law authorizes the California Community Colleges and the California State University, and encourages the University of California, to report to the Department of Veterans Affairs, on an annual basis, specified information regarding Military and Veterans Offices.
This bill would make nonsubstantive changes in this provision.
(a)Subject to applicable federal, state, and institutional refund and withdrawal policies, when a student is called to active military duty during an academic term, the student may choose one of the following options:
(1)The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
(2)If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the students request.
(3)If the faculty member assigns a grade of Incomplete for the students coursework, the student shall have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code. An institution shall also comply with the requirements of Section 668.18 of Title 34 of the Code of Federal Regulations, or a successor provision, regarding the procedures and timelines for the readmission of a military student.
(b)For purposes of this chapter:
(1)Institution means a campus of any of the segments of postsecondary education, as that term is defined in Section 66010.95.
(2)Student means a person enrolled, or previously enrolled, at an institution.
(a)Subject to applicable federal, state, and institutional refund and withdrawal policies, when a student is called to active military duty during an academic term, the student may choose one of the following options:
(1)The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
(2)If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the students request.
(3)If the faculty member assigns a grade of Incomplete for the students coursework, the student shall have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code. An institution shall also comply with the requirements of Section 668.18 of Title 34 of the Code of Federal Regulations, or a successor provision, regarding the procedures and timelines for the readmission of a military student.
(b)For purposes of this chapter:
(1)Institution means a campus of any of the segments of postsecondary education, as that term is defined in Section 66010.95.
(2)Student means a person enrolled, or previously enrolled, at an institution.
(a)When Subject to applicable federal, state, and institutional refund and withdrawal policies, when a student is called to active military duty during an academic term, the student may choose one of the following options:
(1)The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
(2)If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the students request.
(3)If the faculty member assigns a grade of Incomplete for the students coursework, the student shall have a minimum of two four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code. An institution shall also comply with the requirements of Section 668.18 of Title 34 of the Code of Federal Regulations, or a successor provision, regarding the procedures and timelines for the readmission of a military student.
(b)For purposes of this chapter:
(1)Institution means a campus of any of the segments of postsecondary education, as that term is defined in Section 66010.95.
(2)Student means a person enrolled, or previously enrolled, at an institution.
(a)When a student is called to active military duty during an academic term, the student may choose one of the following options:
(1)The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
(2)If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the students request.
(3)If the faculty member assigns a grade of Incomplete for the students coursework, the student shall have a minimum of two weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code.
(b)For purposes of this chapter:
(1)Institution means a campus of any of the segments of postsecondary education, as that term is defined in Section 66010.95.
(2)Student means a person enrolled, or previously enrolled, at an institution.
SECTION 1.Section 69786 of the Education Code is amended to read:69786.The California Community Colleges and the California State University may, and the University of California is encouraged to, report to the Department of Veterans Affairs, on an annual basis, all of the following information:(a)The number of qualified students assisted by a Military and Veterans Office.(b)The number of qualified students assisted who are active duty members of the Armed Forces of the United States, the California National Guard, or a reserve component of the Armed Forces of the United States, or who are veterans of the Armed Forces of the United States.(c)The total education benefits obtained by all qualified students assisted by a Military and Veterans Office.The California Community Colleges and the California State University may, and the University of California is encouraged to, report to the Department of Veterans Affairs, on an annual basis, all of the following information:
(a)The number of qualified students assisted by a Military and Veterans Office.
(b)The number of qualified students assisted who are active duty members of the Armed Forces of the United States, the California National Guard, or a reserve component of the Armed Forces of the United States, or who are veterans of the Armed Forces of the United States.
(c)The total education benefits obtained by all qualified students assisted by an office. a Military and Veterans Office.
|
Date
|
Status
|
|---|---|
| Sep 11, 2018 | Chaptered by Secretary of State - Chapter 346, Statutes of 2018. |
| Sep 11, 2018 | Approved by the Governor. |
| Aug 27, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 22, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 22, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 9, 2018 | From Consent Calendar. |
| Aug 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Aug 6, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 26, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on APPR. |
| Jun 13, 2018 | From committee: Do pass and re-refer to Com. on V.A. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on V.A. |
| Jun 7, 2018 | Referred to Coms. on ED. and V.A. |
| May 25, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 17, 2018 | Read second time. Ordered to Consent Calendar. |
| May 16, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 16). |
| May 10, 2018 | Re-referred to Com. on APPR. |
| May 9, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Apr 25, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 2, 2018 | Re-referred to Com. on HIGHER ED. |
| Mar 23, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 22, 2018 | Referred to Com. on HIGHER ED. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Aug 22, 2018 | Assembly 3rd Reading AB2894 Gloria By Roth | Senate Floor |
Passed |
|
| Jun 26, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Veterans Affairs |
Passed |
|
| Jun 13, 2018 | Do pass, but first be re-referred to the Committee on [Veterans Affairs] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| May 25, 2018 | AB 2894 GLORIA Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 16, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 1 individual | ** Support | Apr 23, 2018 |
| AMVETS-Department of California | ** Support | Aug 10, 2018 |
| California Association Of County Veterans | ** Support | Aug 10, 2018 |
| California Association Of County Veterans Service Officers | ** Support | Apr 23, 2018 |
| California State Commanders Veterans Council | ** Support | Aug 10, 2018 |
| California State Student Association | ** Support | Aug 10, 2018 |
| Service To School | ** Support | Apr 23, 2018 |
| Vietnam Veterans of America-California State Council | ** Support | Apr 23, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2894
:
SENATE EDUCATION COMMITTEE: 7-0, 6/13/18
AYES: Allen, Wilk, Galgiani, Leyva, McGuire, Pan, Vidak
SENATE VETERANS AFFAIRS COMMITTEE: 6-0, 6/26/18
AYES: Roth, Nielsen, Dodd, Hueso, Nguyen, Wilk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 5/25/18 (Consent) - See last page for vote
DIGEST:
This bill provides postsecondary students an additional course of action when they are called to active military duty during an academic term and must withdraw from a course.
Existing law:
- Establishes the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), independent institutions of higher education, and private postsecondary educational institutions as the five segments of postsecondary education in this state. (Education Code § 66010 and 94858)
- Establishes the California Military Families Financial Relief Act of 2005. 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 do one of the following:
- 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.
- 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. (Military and Veterans Code § 820 and 824)
This bill provides postsecondary students an additional course of action when they are called to active military duty during an academic term and must withdraw from a course. Specifically, this bill:
- Specifies, subject to applicable federal, state, and institutional refund and withdrawal policies, that when a student is called to active military duty during an academic term, the student may choose one of the following options:
- Withdraw from the institution, retroactively to the beginning of theacademic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
- If at least 75 percent of the academic term has been completed, request that the faculty member assign a grade for the course based on the work a student has completed. This bill specifies that the faculty makes the final decision as to whether to grant the student’s request.
- If the faculty member assigns a grade of Incomplete for the student’s coursework, the student is to have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans Code. An institution is to comply with the requirements under federal regulation, regarding the procedures and timelines for the readmission of military students.
- Defines, for purposes of this bill:
- “Institution” to mean a campus of any of the CCC, the CSU, the UC, independent institutions of higher education, and private postsecondary educational institutions, as defined.
- “Student” to mean a person enrolled, or previously enrolled, at an institution.
Comments
- Need for this bill. According to the author, “students who are deployed on active duty during the school term are subject to different processes and consequently face uncertainty about their grade options. While an ‘Incomplete,’ may be preferable and appropriate for students, the deadline that may be granted may not be sufficient for others. Military students do not have the option of refuse to report duty. The nature of their deployment may be dynamic and students may need to be away for unforeseen length of time and with limited access and time of technology for completing work while away. For these reasons, military students should be able to complete their remaining work when they return to their campus.
“AB 2894 will afford military students who have successfully progress in classes, the protection to preserve those efforts while they serve. The option to grant a grade upon an active duty military withdrawal will be a new motion for most colleges and universities in the state, however, California State University (CSU) Los Angeles and postsecondary institutions in over 10 other states have already incorporated this option to address this particular circumstance. It is important to support military student in their academic achievements when called to service our country.”
- Existing policy. Under current law postsecondary institutions are required to either: (a) accommodate and assist the student so that he or she is able makeup coursework missed due to military service or; (b) fully refund the tuition and fees paid by the student. This bill offers another path for completing coursework missed as a result of their deployment. Under this bill, a student may request that a grade be assigned based on the work completed or have a minimum of four weeks to finish a class upon their return, as specified.
Related/Prior Legislation
SB 1071 (Roth, 2018) requires the Office of the Chancellor of the CCC, in collaboration with the Academic Senate to develop a uniform policy for awarding course credit for prior military education, training and service. SB 1071 also requires each community college district to adopt and implement that policy. SB 1071 is pending in the Assembly Appropriations Committee.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
AMVETS-Department of California
California Association of County Veterans
California State Commanders Veterans Council
California State Student Association
Service to School
Vietnam Veterans of American-California State Council
None received
ASSEMBLY FLOOR: 70-0, 5/25/18
AYES: Acosta, Aguiar-Curry, Baker, Berman, Bigelow, Bloom, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Arambula, Bonta, Brough, Levine, Mullin, Steinorth, Waldron
8/10/18 10:48:16
**** END ****
SENATE COMMITTEE ON VETERANS AFFAIRS
Senator Richard Roth, Chair
2017 - 2018 Regular
Bill No: AB 2894 Hearing Date: 6/26/18
Author: | |||
Version: | 5/9/18 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Wade Teasdale | ||
Subject: Postsecondary education: students called to active military duty during an academic term
DESCRIPTION
Summary:
This bill provides postsecondary students an additional course of action if they are called to active military duty during an academic term and must withdraw from a course.
(The bill permits a student – who has completed at least 75% of the academic term –to request a faculty member assign a grade for the course based on the work the student has completed. The bill authorizes the faculty member to make the final decision on whether to grant the student’s request.)
Existing law:
- Establishes the California Military Families Financial Relief Act of 2005. 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 do one of the following:
- 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.
- 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 that the student paid the institution for the applicable academic term.
This bill:
- Specifies, subject to applicable federal law, state law, and institutional refund and withdrawal policies, that when a student is called to active military duty during an academic term, the student may choose one of the following options (and specifically adds the second option to the existing menu of options):
- Withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
- If at least 75 percent of the academic term has been completed, request that the faculty member assign a grade for the course based on the work a student has completed. The bill specifies that the faculty makes the final decision as to whether to grant the student’s request.
- If the faculty member assigns a grade of Incomplete for the student’s coursework, the student is to have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans. An institution is to comply with the requirements under federal regulation, regarding the procedures and timelines for the readmission of military students.
- Defines, for purposes of this chapter:
- “Institution” to mean a campus of any of the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions, as defined.
- “Student” to mean a person enrolled, or previously enrolled, at an institution.
BACKGROUND
Beginning in the early1990s and accelerating throughout the early 2000s, the United States Department of Defense has operationally integrated reserve component units and personnel (National Guard and federal reserves) more fully into baseline active component force structure and capabilities. This change has subjected reserve component service members to frequent, multiple mobilizations onto active duty, often resulting in deployment abroad into combat zones. This greater reliance on reserve component assets has increased the disruption to the civilian work and educational careers of many part-time service members.
COMMENT
Author Statement:
“Students who are deployed on active duty during the school term are subject to different processes and consequently face uncertainty about their grade options. While an ‘Incomplete,’ may be preferable and appropriate for students, the deadline that may be granted may not be sufficient for others. Military students do not have the option of refuse to report duty. The nature of their deployment may be dynamic and students may need to be away for unforeseen length of time and with limited access and time of technology for completing work while away. For these reasons, military students should be able to complete their remaining work when they return to their campus.
“AB 2894 will afford military students who have successfully progressed in classes, the protection to preserve those efforts while they serve. The option to grant a grade upon an active duty military withdrawal will be a new motion for most colleges and universities in the state, however, California State University (CSU) Los Angeles and postsecondary institutions in over 10 other states have already incorporated this option to address this particular circumstance. It is important to support military students in their academic achievements when called to service our country.”
Related/Prior Legislation:
SB 1071 (Roth, 2018) would require the Office of the Chancellor of the California Community Colleges, in collaboration with the Academic Senate to develop a uniform policy for awarding course credit for prior military education, training and service. The bill also requires each community college district to adopt and implement that policy. (Pending, Assembly Higher Education.)
AB 636 (Knight, Chapter 293, Statutes of 2011) specifies that 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
SB 1075, (Correa, Chapter 284, Statutes of 2010) requires academic institutions to reasonably accommodate and assist students who are called to active military duty so they can meet any and all coursework requirements missed due to military service.
SB 361 (Runner, Chapter 351, Statutes of 2009) limits priority registration for enrollment at the CSU and UC to former military members who received an honorable discharge.
SB 272 (Runner, Chapter 356, Statutes of 2007) requires the CSU and requested the UC to give priority registration for enrollment to former members of the U.S. Armed Forces, as specified.
AB 1666 (Frommer, Chapter 345, Statutes of 2005) enacts the California Military Families Financial Relief Act of 2005, which adds to the protections already provided to members of the National Guard ordered into active state service by the Governor or active federal service by the President for emergency purposes and to reservists called to active duty, specified benefits affecting cell phone contracts, student fees, membership dues to the State Bar and utility payments.
POSITIONS
Sponsor: Author.
Support:
AMVETS-Department of California
California Association of County Veterans
California State Commanders Veterans Council
California State Student Association
Service to School
Vietnam Veterans of American-California State Council
Oppose: None received.
-- END --
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: AB 2894 Hearing Date: June 13, 2018
Author: | |||
Version: | May 9, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Olgalilia Ramirez | ||
Subject: Postsecondary education: students called to active military duty during an academic term.
NOTE: This bill has been referred to the Committees on Education and Veterans Affairs. A "do pass" motion should include referral to the Committee on Veterans Affairs.
SUMMARY
This bill provides postsecondary students an additional course of action when they are called to active military duty during an academic term and must withdraw from a course.
BACKGROUND
Existing law:
1) Establishes the California Community Colleges (CCC), the California
State University (CSU), the University of California (UC), independent institutions of higher education, and private postsecondary educational institutions as the five segments of postsecondary education in this state. (Education Code § 66010 and 94858)
2) Establishes the California Military Families Financial Relief Act of 2005. 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 do one of the following:
- 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.
- 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. (Military and Veteran Code § 820 and 824)
ANALYSIS
This bill provides postsecondary students an additional course of action when they are called to active military duty during an academic term and must withdraw from a course. Specifically, it:
- Specifies, subject to applicable federal, state, and institutional refund and withdrawal policies, that when a student is called to active military duty during an academic term, the student may choose one of the following options:
- Withdraw from the institution, retroactively to the beginning of the
academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code.
- If at least 75 percent of the academic term has been completed, request
that the faculty member assign a grade for the course based on the work a student has completed. The bill specifies that the faculty makes the final decision as to whether to grant the student’s request.
- If the faculty member assigns a grade of Incomplete for the student’s
coursework, the student is to have a minimum of four weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the Military and Veterans. An institution is to comply with the requirements under federal regulation, regarding the procedures and timelines for the readmission of military students.
- Defines, for purposes of this chapter:
- “Institution” to mean a campus of any of the California Community
Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions, as defined.
- “Student” to mean a person enrolled, or previously enrolled, at an
institution.
STAFF COMMENTS
- Need for the bill. According to the author, “students who are deployed on active duty during the school term are subject to different processes and consequently face uncertainty about their grade options. While an “Incomplete,” may be preferable and appropriate for students, the deadline that may be granted may not be sufficient for others. Military students do not have the option of refuse to report duty. The nature of their deployment may be dynamic and students may need to be away for unforeseen length of time and with limited access and time of technology for completing work while away. For these reasons, military students should be able to complete their remaining work when they return to their campus.
AB 2894 will afford military students who have successfully progress in classes, the protection to preserve those efforts while they serve. The option to grant a grade upon an active duty military withdrawal will be a new motion for most colleges and universities in the state, however, California State University (CSU) Los Angeles and postsecondary institutions in over 10 other states have already incorporated this option to address this particular circumstance. It is important to support military student in their academic achievements when called to service our country.”
- Existing policy. Under current law postsecondary institutions are required to either; 1) accommodate and assist the student so that he or she is able makeup coursework missed due to military service or; 2) fully refund the tuition and fees paid by the student. This bill offers another path for completing coursework missed as a result of their deployment. Under this measure a student may request that a grade be assigned based on the work completed or have a minimum of four weeks to finish a class upon their return, as specified.
- Related legislation.
SB 1071 (Newman, 2018) requires the Office of the Chancellor of the California Community Colleges, in collaboration with the Academic Senate to develop a uniform policy for awarding course credit for prior military education, training and service. SB 1071 also requires each community college district to adopt and implement that policy. SB 1071 is pending hearing in the Assembly Higher Education hearing.
SUPPORT
AMVETS-Department of California
California Association of County Veterans
California State Commanders Veterans Council
California State Student Association
Service to School
Vietnam Veterans of American-California State Council
OPPOSITION
None received
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Date of Hearing: May 16, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2894
Author:(Gloria) – As Amended Ver:May 9, 2018
Policy Committee: | Higher Education | Vote: | 13 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill provides postsecondary students an additional course of action when they are called to active military duty during an academic term and must withdraw from a course. Currently, a student can choose to either 1) withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees or 2) complete the course requirements a minimum of two weeks after returning to the institution, if the faculty member assigns a grade of “Incomplete” for the student’s coursework. This bill provides a third option: a student may request a faculty member assign a grade for the course based on the work the student has completed, if the student has completed at least 75% of the academic term. The faculty member will make the final decision whether to grant the student’s request.
FISCAL EFFECT:
- Minor and absorbable GF cost pressures to University of California (UC) and California State University (CSU) campuses to change their registration and enrollment management systems to recognize this option. There are nine UC campuses and 23 CSU campuses.
- One-time Proposition 98 GF costs in the thousands of dollars per community college district to make changes to their registration and enrollment management systems to recognize this option. There are 72 community college districts in the state. (Registration and enrollment management systems are less uniform at community colleges than at UC and CSU.) The state would need to reimburse these costs to CCC, if the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate.
COMMENTS:
- Purpose. According to the author, “These options would provide greater protections for military students’ academic success and would allow for military students to solely focus on serving and fulfilling their military responsibilities while away on deployment.”
- Prior Legislation. AB 636 (Knight), Chapter 293, Statutes of 2011, specifies a student who withdraws prior to or during the academic term from an institution due to active military service can receive a full tuition refund, even if withdrawing after the deadline.
SB 1075, (Correa), Chapter 284, Statutes of 2010, requires academic institutions to reasonably accommodate and assist students who are called to active military duty so they can meet any and all coursework requirements missed due to military service.
Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081
Date of Hearing: April 24, 2018
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 2894 (
Author:Gloria) – As Amended Ver:March 23, 2018
SUBJECT: Postsecondary education: students called to active military duty during an academic term
SUMMARY: Provides explicit grading policies for students enrolled in postsecondary institutions who are called to active military service. Specifically, this bill:
- Provides that when a student is called to active military duty during an academic term, the student may choose one of the following options:
- The student may withdraw from the institution, retroactively to the beginning of the academic term, with a full refund of tuition and fees in accordance with Section 824 of the Military and Veterans Code (MVC).
- If at least 75 percent of the academic term has been completed, the student may request that the faculty member assign a grade for the course based on the work the student has completed. The faculty member shall make the final decision as to whether to grant the student’s request.
- If the faculty member assigns a grade of Incomplete for the student’s coursework, the student shall have a minimum of two weeks after returning to the institution to complete the course requirements. Additional time may be granted if alternative arrangements are made with the faculty member, and provided that the alternative arrangements are consistent with the requirements of Section 824 of the MVC.
- Establishes that, for purposes of this chapter:
- “Institution” means a campus of any of the segments of postsecondary education, as that term is defined in Education Code (EDC) Section 66010.95; and,
- “Student” means a person enrolled, or previously enrolled, at an institution.
EXISTING LAW:
- Existing law establishes the California Community Colleges (CCC), the California State University (CSU), the University of California (UC), independent institutions of higher education, and private postsecondary educational institutions as the five segments of postsecondary education in this state. (EDC Sections 66010 and 94858)
- Requires academic institutions, upon request by a student granted an academic leave of absence, to do one of the following:
- 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.
- 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. (MVC Section 824)
FISCAL EFFECT: Unknown
COMMENTS: Need for the bill. According to the author, “This bill will would provide students with an additional option that if at least 75% of the term has been completed, a request can be summited to the faculty member to assign a grade for the course based on the work the student has completed. Or, if the faculty member assigns a grade of Incomplete for the student’s coursework, the student has a minimum of two weeks after returning to the institution to complete the course requirements.”
“The option to grant a grade upon an active duty military withdrawal is already provided at colleges and universities in over ten other states and at CSU Los Angeles. Designating a minimum of two weeks after returning to the institution provides flexibility to the student, so that they can continue that pending work while they are back and acclimated to campus again. Both of these options would provide greater protections for military students’ academic success and would allow for military students to solely focus on serving and fulfilling their military responsibilities while away on deployment.”
Background. Currently, the UC, CSU and CCC have varying policies and processes concerning academic leaves of absence or withdrawal for students ordered into active military duty. The CSU memorandum ASA-2016-29 addresses readmission policies for CSU students called to military service, but not specifically grading policy. The memorandum notes that “Students must be readmitted to the same academic program, with the same academic standing, that they were in at the time the absence began.”
Title V of the California Code of Regulations Section 55024 lists the military withdrawal policy, which notes that the governing board of a district which decides to provide a withdrawal policy shall:
- “Military Withdrawal” occurs when a student who is a member of an active or reserve United States military service receives orders compelling a withdrawal from courses. Upon verification of such orders, a withdrawal symbol may be assigned at any time after the period established by the governing board during which no notation is made for withdrawals. The withdrawal symbol so assigned shall be a “MW.”
- Not be counted in progress probation and dismissal calculations.
- Not be counted for the permitted number of withdrawals.
- Not result in a student being assigned an “FW” grade. (FW refers to substandard academic work)
Committee staff was unable to find a specific systemwide policy from UC, but notes that all campuses have Veterans Resource Services Coordinators to help with coordinating the departure and return to campus for military students. Staff was also unable to find a uniform policy for California’s non-profit and proprietary institutions.
Committee comments. In recent years, it has become common to activate reserves for short periods of time to provide service to communities affected by natural or man-made disasters. While students ordered to federal active duty service may have enough advance notice to plan for and request a formal academic leave of absence, students called to state military active duty service are often called to service for shorter periods within a grading term and may not have sufficient notice to work out arrangements in advance with their instructors. Students in such situations may miss critical assignments or tests, which can delay their educational progress if their instructors do not allow the students to make up missed coursework.
Prior legislation. AB 636 (Knight), Chapter 293, Statutes of 2011, specifies that 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
SB 1075, (Correa), Chapter 284, Statutes of 2010, required academic institutions to reasonably accommodate and assist students who are called to active military duty so they can meet any and all coursework requirements missed due to military service.
SB 361 (Runner), Chapter 351, Statutes of 2009, limited priority registration for enrollment at the CSU and UC to former military members who received an honorable discharge.
SB 272 (Runner), Chapter 356, Statutes of 2007, required the CSU and requested the UC to give priority registration for enrollment to former members of the Armed Forces, as specified.
REGISTERED SUPPORT / OPPOSITION:
Support
AMVETS-Department of California
California Association of County Veterans Service Officers
California State Commanders Veterans Council
Service to School
Vietnam Veterans of America-California State Council
1 Individual
Opposition
None on file
Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960
Bill Author
Bill Co-Author(s):