Existing law establishes the University of California, administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. The Donahoe Higher Education Act prohibits the campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, an undergraduate student who is a recipient of a Medal of Honor, or an undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old, of age, if certain requirements are satisfied.

This bill would additionally prohibit the campuses of the 3 segments of public postsecondary education University of California and California State University from charging tuition or fees for specified students who enroll in an extended education course if certain requirements are satisfied and the extended education course is being used to meet the requirements of an undergraduate degree program. To the extent the bill would impose additional duties on community college districts, the bill would constitute a state-mandated local program. The bill would apply to the campuses of the University of California only to the extent that the regents, Regents of the University of California, by appropriate resolution, make it apply.

Existing law establishes the University of California, administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. The Donahoe Higher Education Act prohibits the campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, an undergraduate student who is a recipient of a Medal of Honor, or an undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old, if certain requirements are satisfied.

This bill would additionally prohibit the campuses of the 3 segments of public postsecondary education from charging tuition or fees for specified students who enroll in an extended education course if certain requirements are satisfied and the extended education course is being used to meet the requirements of an undergraduate degree program. To the extent the bill would add impose additional duties on community college districts, the bill would impose constitute a state-mandated local program. The bill would apply to the campuses of the University of California only to the extent that the regents, by appropriate resolution, make it apply.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes the University of California, administered by the Regents of the University of California, the California State University administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. The Donahoe Higher Education Act prohibits the campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, an undergraduate student who is a recipient of a Medal of Honor, or an undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old, if certain requirements are satisfied.

This bill would additionally prohibit the campuses of the 3 segments of public postsecondary education from charging tuition or fees for specified students who enroll in an extended education course if certain requirements are satisfied and the extended education course is being used to meet the requirements of undergraduate degree program. To the extent the bill would add additional duties on community college districts, the bill would impose a state-mandated local program. The bill would apply to the campuses of the University of California only to the extent that the regents, by appropriate resolution, make it apply.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Date of Hearing: August 7, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 916

Author:(Seyarto) – As Amended Ver:March 21, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill prohibits the University of California (UC) or the California State University (CSU) from charging any tuition or fees for extended education courses to certain children and spouses of military veterans. The bill requires courses be used to meet the requirements of an undergraduate degree program.

Specifically, this bill prohibits a campus of the UC or CSU from charging any tuition or fees to a student who enrolls in any extended education course used to meet the requirements of an undergraduate degree program if the student is either:

1. The unmarried child of a veteran who is totally service-connected disabled, or whose death was officially rated as service-connected. The child must be over 14 years old and under 27 years old. If the child is a veteran, then the age limit is extended to 30 years old.
2. The spouse of a wartime veteran who is totally service-connected disabled.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected.
4. Any dependent of any veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power.
5. The child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes. The child's annual income, plus the value of support provided by a parent, may not exceed the annual income limit.
6. Any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state. Surviving spouses who have not remarried are also eligible.
7. An undergraduate student who is a recipient of a Medal of Honor or an undergraduate student who is a child of a recipient of a Medal of Honor and who is no more than 27 years old. The undergraduate student’s annual income, including the value of any support received from a parent, may not exceed the state poverty level. In addition, the recipient of the Medal of Honor who is or was the parent of the undergraduate student must have been a California resident at the time of their death.

FISCAL EFFECT:

Unknown General Fund or special fund revenue losses to UC and CSU, potentially in the hundreds of thousands of dollars annually, to provide tuition and fee waivers to a new population of students for certain extended education courses.

The state does not collect data on the number of students this bill would apply to, therefore it is difficult to estimate revenue fund losses. As an illustration, according to CSU Sacramento’s website, the cost of an extended education course toward a Bachelor of Arts (BA) in Arts and Letters is $489 per unit. Assuming this cost across CSU campuses, if three students enrolled full time in a BA program for an academic year at each of the state’s 23 CSU campuses and received the tuition and fee waiver provided by this bill, revenue losses to CSU would be about $200,000 annually.

COMMENTS:

1. Background. Both UC and CSU offer extended education courses to the general public. Extended education courses are self-supporting, meaning they are not supported with state funds and are instead operate entirely on student fees. Extended education offers degree and certificate programs, individual courses, professional development, and personal enrichment programming. Students in extended education courses include working professionals, students re-entering the workforce or university, international students, leisure learners, and others.

Current law provides tuition and fee waivers to the spouses and children of certain military veterans for state-supported traditional degree courses at UC and CSU. This bill provides tuition and fee waivers to these individuals for extended education courses used to meet the requirements of an undergraduate degree program at UC and CSU.

1. Support and Opposition. This bill is supported by a coalition representing veterans’ services organizations, who argue this bill builds upon current law that provides tuition and fee waivers to traditional degree programs for certain spouses and children of military veterans. They write that this bill “can ensure that the families of our veterans have access to a broader range of educational opportunities, furthering their ability to contribute to our state's economy and community.”

This bill is opposed by the CSU Office of the Chancellor, who write:

It is important to recognize that CSU extended education programs are self-support programs…Existing waivers for veterans and their dependents are provided under state-supported programs. Since the state is contributing to those programs, it would be appropriate for the state to provide waivers. However, since the state is not providing any source of funding for extended education programs, any loss of revenue to support the programs adds risks to the sustainability of the programs.

1. Related Legislation. AB 2395 (Quirk-Silva) expands how revenues from CSU continuing education programs may be spent and authorizes the CSU Board of Trustees to transmit continuing education program revenues directly to CSU campus trust funds for these expanded uses. The bill is pending in the Senate Appropriations Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Pilar Schiavo, Chair

SBPCA Bill Id:SB 916

Author:(Seyarto) – As Amended Ver:March 21, 2024

SENATE VOTE: 37-0

SUBJECT: Public postsecondary education: waiver of tuition and fees: veterans: extended education courses

SUMMARY: Requires the University of California (UC) and the California State University (CSU) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient. Specifically, this bill:

1. Requires a campus of the UC and CSU to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:
   1. The student meets the eligibility criteria specified in current law for the waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified; and,
   2. The extended education course is being used to meet the requirements of an undergraduate degree program.

EXISTING LAW:

State law:

1. Authorizes the UC and CSU, and requires the California Community Colleges (CCC) to collect fees from students attending those postsecondary education institutions. (Education Code (EDC) Section 89700)
2. Prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level. (EDC Section 66025.3, et seq.)
3. Further prohibits UC, CSU and CCC from charging mandatory systemwide tuition or fees to the surviving spouse or child of a deceased law enforcement or fire suppression personnel, as specified and the surviving dependent of any California resident killed in the September 11, 2001 attack, as specified. The fee waivers are limited to undergraduate students who meet the specified financial need requirements. (EDC Sections 68120 & 68121)
4. Provides that statutes related to UC (and most other aspects of the governance and operation of UC) are applicable only to the extent that the Regents of UC make such provisions applicable. (EDC Sections 67400 & 68134)
5. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)

Federal law:

1. Establishes educational benefits for the spouse and children or both currently serving members of the Armed Forces of the United States and veterans, in such instances where the service member or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

FISCAL EFFECT: According to the Senate Committee on Appropriations: The magnitude of the bill’s costs for the CSU and UC is unknown. The CSU indicates that if funding for self-supported extended education courses decreases as a result of fee waivers, these programs may no longer continue due to a lack of funding. It could also result in other students absorbing the loss of revenue through increased tuition and student fees necessary to maintain the same level of funding to support the programs.

COMMENTS: According to the author, CSUs have created degree programs that, as extended education programs, are excluded from the California Department of Veterans Affairs (CalVet) Fee Waiver Program. The author asserts that “this application of the law is not in keeping with the intent of the CalVet Fee Waiver Program and denies degree opportunities that are not otherwise available.” The author contends that, by requiring that extended education undergraduate degree are covered under the CalVet Fee Waiver, SB 916 should address this issue for CalVet Fee Wavier Program recipients.

College Fee Waiver for Veteran Dependents. CalVet administers the College Fee Waiver for Veteran Dependents, which waives mandatory system-wide tuition and fees at any CCC, CSU, or UC campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled, or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to 30 years old.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Extended Education. Courses provided by extended education programs are self-supported, also known as continuing education, extended education, and community service classes.

Self-supported courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. In contrast, state-supported programs, which are traditional degree programs, are funded by a mix of state funding and student tuition fees. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around, not necessarily adhering to a traditional academic calendar.

There is variation in course fees across different campuses. The existing waiver for Medal of Honor recipients and dependents of service injured veteran outlined in the background of this analysis pertains to fees linked to state-supported traditional degree programs. This bill aims to provide the same benefit for fees related to self-supported undergraduate degree programs to students who qualify for the waiver.

Arguments in support. A coalition of supporters representing veterans’ services organizations wrote in support of SB 916 (Seyarto), noting that the CalVet Fee Waiver “…is a unique benefit for the spouses and children of military veterans in our state, allowing them to attend any [CSU] or [ UC] school without the burden of tuition, registration, or enrollment fees. This program has been instrumental in providing educational opportunities to the families of those who have served our nation.”

“SB 916 seeks to build on this foundation by expanding the CalVet Fee Waiver to cover extended education courses, which are currently excluded. These programs, often self-sustaining and developed in partnership with local industries, offer specialized degrees and certificates that are crucial for meeting the evolving needs of our workforce, such as Wildfire Science degrees in support of CalFire.”

Arguments in opposition. The CSU Chancellor’s Office wrote in opposition, noting that, “In Fall 2022, the CSU is proud to have enrolled and supported over 9,000 veterans and their dependents under the CalVet program. Our commitment to our students who have served their county in the armed services and their dependents is unwavering.”

“SB 916 would provide a waiver for tuition and fees for veterans and their dependents seeking to enroll in the CSU extended education programs. It is important to recognize that CSU extended extension programs are self-support programs. In other words, the funds to pay for these academic programs are 100% paid for by student tuition and fees, as they do not receive support from the state’s general fund like the vast majority of the CSU’s degree programs. Existing waivers for veterans and their dependents are provided under state-supported programs. Since the state is contributing to those programs, it would be appropriate for the state to provide waivers. However, since the state is not providing any source of funding for extended education programs, any loss of revenue to support the programs adds risks to the sustainability of the programs.”

“The CSU and its 23 universities remain absolutely committed to working with our veterans and their families to provide the educational opportunities they desire. Unfortunately, SB 916 would create unintended consequences and jeopardize our university’s ability to deliver vital educational programming without the necessary resources to maintain those programs.”

Related legislation.

AB 1793 (Ta, 2024) extends Cal Grant and Middle Class Scholarship Program to a natural or adopted child, stepchild, or spouse who is a dependent of a member of the Armed Forces of the United States stationed outside of California on active duty but otherwise maintains their residence in California. AB 1793 is pending hearing in the Senate Committee on Education.

AB 2736 (Carrillo, 2024) would repeal a prohibition against the concurrent receipt of specified federal benefits and the College Fee Waiver for Veteran Dependents. AB 2736 is pending hearing in the Senate Committee on Military and Veterans Affairs.

AB 1745 (Soria, Chapter 695, Statutes of 2023) modified the annual income metric used to determine eligibility for the tuition waiver program for children of service-injured veterans attending a California Community College (CCC), California State University (CSU) or University of California (UC) campus.

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion, Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Opposition

California State University, Office of the Chancellor

Analysis Prepared by: Christian Burkin / M. & V.A. / (916) 319-3550

Date of Hearing: June 18, 2024

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

SBPCA Bill Id:SB 916

Author:(Seyarto) – As Amended Ver:March 21, 2024

[Note: This bill is double referred to the Assembly Committee on Military and Veterans Affairs and will be heard by that Committee as it relates to issues under its jurisdiction.]

SENATE VOTE: 37-0

SUBJECT: Public postsecondary education: waiver of tuition and fees: veterans: extended education courses

SUMMARY: Requires the University of California (UC) and the California State University (CSU) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient. Specifically, this bill:

1. Requires a campus of the UC and CSU to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:
   1. The student meets the eligibility criteria specified in current law for the waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified; and,
   2. The extended education course is being used to meet the requirements of an undergraduate degree program.

EXISTING LAW:

State law.

1. Authorizes the UC and CSU, and requires the California Community Colleges (CCC) to collect fees from students attending those postsecondary education institutions. (Education Code (EDC) Section 89700)
2. Prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level. (EDC Section 66025.3, et seq.)
3. Further prohibits UC, CSU and CCC from charging mandatory systemwide tuition or fees to the surviving spouse or child of a deceased law enforcement or fire suppression personnel, as specified and the surviving dependent of any California resident killed in the September 11, 2001 attack, as specified. The fee waivers are limited to undergraduate students who meet the specified financial need requirements. (EDC Sections 68120 & 68121)
4. Provides that statutes related to UC (and most other aspects of the governance and operation of UC) are applicable only to the extent that the Regents of UC make such provisions applicable. (EDC Sections 67400 & 68134)
5. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)

Federal law

1. Establishes educational benefits for the spouse and children or both currently serving members of the Armed Forces of the United States and veterans, in such instances where the service member or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

FISCAL EFFECT: According to the Senate Committee on Appropriations, this bill would have the following fiscal impact:

The magnitude of the bill’s costs for the CSU and UC is unknown. The CSU indicates that if funding for self-supported extended education courses decrease as a result of fee waivers, these programs may no longer continue due to a lack of funding. It could also result in other students absorbing the loss of revenue through increased tuition and student fees necessary to maintain the same level of funding to support the programs.

COMMENTS: According to the author, CSUs have created degree programs that, as extended education programs, are excluded from the California Department of Veterans Affairs (CalVet) Fee Waiver Program. The author asserts that “this application of the law is not in keeping with the intent of the CalVet Fee Waiver Program and denies degree opportunities that are not otherwise available.” The author contends that, by requiring that extended education undergraduate degree are covered under the CalVet Fee Waiver, SB 916 should address this issue for CalVet Fee Wavier Program recipients.

College Fee Waiver for Veteran Dependents. CalVet administers the College Fee Wavier for Veteran Dependents, which waives mandatory system-wide tuition and fees at any CCC, CSU, or UC campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of Veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled, or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to 30 years old.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Extended Education. Courses provided by extended education programs are self-supported, also known as continuing education, extended education, and community service classes.

Self-supported courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. In contrast, state-supported programs, which are traditional degree programs, are funded by a mix of state funding and student tuition fees. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around, not necessarily adhering to a traditional academic calendar.

There is variation in course fees across different campuses. The existing waiver for Medal of Honor recipients and dependents of service injured veteran outlined in the background of this analysis pertains to fees linked to state-supported traditional degree programs. This bill aims to provide the same benefit for fees related to self-supported undergraduate degree programs to students who would otherwise qualify for the Medal of Honor or dependents of service injured veteran wavier.

Arguments in support. A coalition of supporters representing veterans’ services organizations wrote in support of SB 916 (Seyarto), noting that CalVet Fee Wavier “…is a unique benefit for the spouses and children of military veterans in our state, allowing them to attend any [CSU] or [ UC] school without the burden of tuition, registration, or enrollment fees. This program has been instrumental in providing educational opportunities to the families of those who have served our nation.”

“SB 916 seeks to build on this foundation by expanding the CalVet Fee Waiver to cover extended education courses, which are currently excluded. These programs, often self-sustaining and developed in partnership with local industries, offer specialized degrees and certificates that are crucial for meeting the evolving needs of our workforce, such as Wildfire Science degrees in support of CalFire.”

Arguments in opposition. The CSU Chancellor’s Office wrote in opposition, noting that, “In Fall 2022, the CSU is proud to have enrolled and supported over 9,000 veterans and their dependents under the CalVet program. Our commitment to our students who have served their county in the armed services and their dependents is unwavering.”

“SB 916 would provide a waiver for tuition and fees for veterans and their dependents seeking to enroll in the CSU extended education programs. It is important to recognize that CSU extended extension programs are self-support programs. In other words, the funds to pay for these academic programs are 100% paid for by student tuition and fees, as they do not receive support from the state’s general fund like the vast majority of the CSU’s degree programs. Existing waivers for veterans and their dependents are provided under state-supported programs. Since the state is contributing to those programs, it would be appropriate for the state to provide waivers. However, since the state is not providing any source of funding for extended education programs, any loss of revenue to support the programs adds risks to the sustainability of the programs.”

“The CSU and its 23 universities remain absolutely committed to working with our veterans and their families to provide the educational opportunities they desire. Unfortunately, SB 916 would create unintended consequences and jeopardize our university’s ability to deliver vital educational programming without the necessary resources to maintain those programs.”

Impact on campuses. Current law prohibits public postsecondary institutions from applying certain fees to various groups impacted by tragic events. The state does not provide direct reimbursement to CSU or UC for waiving fees for these groups, including the dependents of service-injured veterans.

This bill would establish precedent for requiring the exemption of fees for courses offered by self-supported programs. These programs rely on student fees for course offerings, raising questions about a campus’s ability to cover costs and sustain course offerings. Committee staff notes that the January 2024 Governor’s Budget proposed the deferral of the 2024-25 CSU ongoing compact funding commitment by one year—until fiscal year 2025-26—to help address the state budget shortfall. That proposal would have provided the CSU a 10% ongoing state funding increase in 2025-26. The May Revision modifies the deferral proposal to instead provide the CSU with a 2% ongoing state funding increase in 2025-26. In addition, the revised proposal now contains a one-time, unallocated budget reduction for 2024-25—equivalent to $75 million.

Impact on students. Expanding waiver eligibility to cover degree applicable extended education courses may ensure access to degree programs with greater schedule flexibility. It would also simplify waiver programs for applicants by eliminating the need to distinguish between state-supported and self-supported degree programs in order to access the benefit. Further, this bill’s provisions appear to be in line with the core principles of the original statute, seeking to acknowledge dependents impacted by a military service-related incident by offering a tuition-free degree at a public university or college.

Related legislation. AB 1793 (Ta, 2024) extends Cal Grant and Middle Class Scholarship Program to a natural or adopted child, stepchild, or spouse who is a dependent of a member of the Armed Forces of the United States stationed outside of California on active duty but otherwise maintains their residence in California. AB 1793 is pending hearing in the Senate Committee on Education.

REGISTERED SUPPORT / OPPOSITION:

Support

American Legion, Department of California

AMVETS, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

Opposition

California State University, Office of the Chancellor

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960

 THIRD READING  

Bill No: SB 916

Author: Seyarto (R), et al.

Amended: 3/21/24

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 3/20/24

AYES: Newman, Ochoa Bogh, Cortese, Glazer, Gonzalez, Smallwood-Cuevas, Wilk

SENATE MILITARY & VETERANS COMMITTEE: 5-0, 4/8/24

AYES: Archuleta, Grove, Alvarado-Gil, Menjivar, Umberg

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: Public postsecondary education: waiver of tuition and fees: veterans: extended education courses

SOURCE: Author

DIGEST:

This bill requires the University of California (UC) and the California State University (CSU) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient.

ANALYSIS:

Existing federal law:

Establishes educational benefits for the spouse and children or both currently serving members of the Armed Forces of the United States and veterans, in such instances where the service member or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

Existing state law:

1. Authorizes the UC and CSU, and requires the California Community Colleges (CCC) to collect fees from students attending those postsecondary education institutions. (Education Code (EC) § 89700)
2. Prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level. (EC § 66025.3, et seq.)
3. Further prohibits UC, CSU and CCC from charging mandatory systemwide tuition or fees to the surviving spouse or child of a deceased law enforcement or fire suppression personnel, as specified and the surviving dependent of any California resident killed in the September 11, 2001 attack, as specified. The fee waivers are limited to undergraduate students who meet the specified financial need requirements. (EC § 68120 and EC § 68121)
4. Provides that statutes related to UC (and most other aspects of the governance and operation of UC) are applicable only to the extent that the Regents of UC make such provisions applicable. (EC § 67400 and 68134)
5. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)

This bill:

Requires a campus of the UC and CSU to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:

1. The student meets the eligibility criteria specified in current law for the waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified.
2. The extended education course is being used to meet the requirements of an undergraduate degree program.

Comments

Need for the bill. According to the author, “We need to keep up with the changing landscape in education and the benefits military families receive to advance their quality of life. This is an easy way to show that continued support and provide clarification to the benefits these families deserve.”

Makes self-supported courses eligible for waiver. Courses provided by extended education programs are self-supported, also known as continuing education, extended education, and community service classes. Self-supported courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. In contrast, state-supported programs, which are traditional degree programs, are funded by a mix of state funding and student tuition fees. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around, not necessarily adhering to a traditional academic calendar. There is variation in course fees across different campuses. The existing waiver for Medal of Honor recipients and dependents of service injured veteran outlined in the background of this analysis pertains to fees linked to state-supported traditional degree programs. This bill aims to provide the same benefit for fees related to self-supported undergraduate degree programs to students who would otherwise qualify for the Medal of Honor or dependents of service injured veteran wavier.

Impact on campuses. As noted in the background of this analysis, current law prohibits public postsecondary institutions from applying certain fees to various groups impacted by tragic events. The state does not provide direct reimbursement to CSU or UC for waiving fees for these groups, including the dependents of service-injured veterans. This bill would establish precedent for requiring the exemption of fees for courses offered by self-supported programs. These programs rely on student fees for course offerings, raising questions about a campus’s ability to cover costs and sustain course offerings.

Impact on students. Expanding waiver eligibility to cover degree applicable extended education courses may ensure access to degree programs with greater schedule flexibility. It would also simplify waiver programs for applicants by eliminating the need to distinguish between state-supported and self-supported degree programs in order to access the benefit. Further, this bill’s provisions appear to be in line with the core principles of the original statute, seeking to acknowledge dependents impacted by a military service-related incident by offering a tuition-free degree at a public university or college.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, this bill would have the following fiscal impact:

The magnitude of the bill’s costs for the CSU and UC is unknown. The CSU indicates that if funding for self-supported extended education courses decrease as a result of fee waivers, these programs may no longer continue due to a lack of funding. It could also result in other students absorbing the loss of revenue through increased tuition and student fees necessary to maintain the same level of funding to support the programs.

SUPPORT: (Verified 5/16/24)

American Legion, Department of California

Amvets, Department of California

California Association of County Veterans Service Officers

California State Commanders Veterans Council

Military Officers Association of America, California Council of Chapters

1 individual

OPPOSITION: (Verified 5/16/24)

None received

Prepared by: Olgalilia Ramirez / ED. / (916) 651-4105

5/17/24 10:09:11

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SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 916 (Seyarto) - Public postsecondary education: waiver of tuition and fees: veterans: extended education courses

Bill Summary:

This bill requires the University of California (UC) and the California State University (CSU) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient.

Fiscal Impact:

The magnitude of the bill’s costs for the CSU and UC is unknown. The CSU indicates that if funding for self-supported extended education courses decrease as a result of fee waivers, these programs may no longer continue due to a lack of funding. It could also result in other students absorbing the loss of revenue through increased tuition and student fees necessary to maintain the same level of funding to support the programs.

Background:

Existing law authorizes the UC, CSU, and requires the CCC to collect fees from students attending those postsecondary education institutions. The law prohibits those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level.

Courses offered through extended education programs, also known as continuing education, extended education, and community service classes, are self-supported. These courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around. The fees for the courses may vary across different campuses.

Proposed Law:

This bill requires a campus of the UC and CSU to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:

1. The student meets the eligibility criteria specified in current law for the waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified.
2. The extended education course is being used to meet the requirements of an undergraduate degree program.

Staff Comments:

Current law prohibits public postsecondary institutions from applying certain fees to specified students who apply for a waiver, including a child of any veteran of the United States Military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old. The waiver for Medal of Honor recipients and dependents of service injured veteran pertains to fees linked to state-supported traditional degree programs. However, the state does not provide direct reimbursement to CSU or UC for waiving fees for these groups, including the dependents of service-injured veterans.

This bill would provide the same benefit and waive tuition or fees for self-supported extended education courses to students who would otherwise qualify for the Medal of Honor or dependents of service injured veteran wavier. These programs typically rely on student fees for course offerings.

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SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2023 - 2024 Regular

Bill No: SB 916 Hearing Date: 4/8/24

Subject: Public postsecondary education: waiver of tuition and fees: veterans: extended education courses

DESCRIPTION

Summary:

Requires a campus of the University of California (UC) or the California State University (CSU) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient, as defined.

Existing law:

Existing federal law:

1) Establishes educational benefits for the spouse and children or both currently serving members of the Armed Forces of the United States and veterans, in such instances where the service member or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

Existing state law:

1. Authorizes the UC, CSU, and requires the CCC to collect fees from students attending those postsecondary education institutions. (Education Code (EC) § 89700)
2. Prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level. (EC § 66025.3, et seq.)
3. Further prohibits UC, CSU and CCC from charging mandatory systemwide tuition or fees to the surviving spouse or child of a deceased law enforcement or fire suppression personnel, as specified and the surviving dependent of any California resident killed in the September 11, 2001 attack, as specified. The fee waivers are limited to undergraduate students who meet the specified financial need requirements. (EC § 68120 and EC § 68121)
4. Exempts certain CCC students from the fee requirement, including students who meet specified income thresholds (i.e. California College Promise Waiver formerly known as the BOG waiver) and students who are the dependent or surviving spouse of a California National Guard member killed or disabled as a result of their service, as specified. (EC § 76300)
5. Provides that statutes related to UC (and most other aspects of the governance and operation of UC) are applicable only to the extent that the Regents of UC make such provisions applicable. (EC § 67400 and 68134)
6. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)

This bill:

1. Requires a campus of the UC and CSU to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:
   1. The student meets the eligibility criteria specified in current law for the waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified.
   2. The extended education course is being used to meet the requirements of an undergraduate degree program.

BACKGROUND

The California Veteran Fee Waiver (CalVet Fee Waiver) is a California specific Veteran benefit for the spouses and children of military veterans. As long as the Veteran meets certain qualifications, the spouse and children of that Veteran, upon acceptance, can attend any CSU or UC with no tuition, registration, or enrollment fees.

Extended education degree programs, hosted by public universities, are not covered under the CalVet Fee Waiver. Extended education is a program held as self-sustaining within the university through local partnerships and demand. These can range from unique business or health industry degrees and certificates to Wildfire Science degrees in support of CalFire.

Courses provided by extended education programs are self-supported, also known as continuing education, extended education, and community service classes. Self-supported courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. In contrast, state-supported programs, which are traditional degree programs, are funded by a mix of state funding and student tuition fees. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around, not necessarily adhering to a traditional academic calendar. There is variation in course fees across different campuses. The existing waiver for Medal of Honor recipients and dependents of service injured veteran outlined in the background of this analysis pertains to fees linked to state-supported traditional degree programs.

COMMENT

Expanding waiver eligibility to cover degree applicable extended education courses may ensure access to degree programs with greater schedule flexibility. It would also simplify waiver programs for applicants by eliminating the need to distinguish between state-supported and self-supported degree programs in order to access the benefit. Further, this bill’s provisions appear to be in line with the core principles of the original statute, seeking to acknowledge dependents impacted by a military service-related incident by offering a tuition-free degree at a public university or college.

According to the author, “We need to keep up with the changing landscape in education and the benefits military families receive to advance their quality of life. This is an easy way to show that continued support and provide clarification to the benefits these families deserve.”

POSITIONS

Sponsor: Author.

Support: None on File.

Oppose: None on File.

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SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: March 20, 2024

Subject: .

NOTE: This bill has been referred to the Committees on Education and Military and Veterans Affairs Committee. A "do pass" motion should include referral to the Committee on Military and Veterans Affairs.

SUMMARY

This bill requires a campus of the University of California (UC), the California State University (CSU), or the California Community Colleges (CCC) to waive tuition or fees for certain extended education courses for a student who is a dependent of a service-injured veteran, a medal of honor recipient, or a child of a medal of honor recipient, as defined.

BACKGROUND

Existing federal law:

1) Establishes educational benefits for the spouse and children or both currently serving members of the Armed Forces of the United States and veterans, in such instances where the service member or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

Existing state law:

1. Authorizes the UC, CSU, and requires the CCC to collect fees from students attending those postsecondary education institutions. (Education Code (EC) § 89700)
2. Prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the state poverty level. (EC § 66025.3, et seq.)
3. Further prohibits UC, CSU and CCC from charging mandatory systemwide tuition or fees to the surviving spouse or child of a deceased law enforcement or fire suppression personnel, as specified and the surviving dependent of any California resident killed in the September 11, 2001 attack, as specified. The fee waivers are limited to undergraduate students who meet the specified financial need requirements. (EC § 68120 and EC § 68121)
4. Exempts certain CCC students from the fee requirement, including students who meet specified income thresholds (i.e. California College Promise Waiver formerly known as the BOG waiver) and students who are the dependent or surviving spouse of a California National Guard member killed or disabled as a result of their service, as specified. (EC § 76300)
5. Provides that statutes related to UC (and most other aspects of the governance and operation of UC) are applicable only to the extent that the Regents of UC make such provisions applicable. (EC § 67400 and 68134)
6. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)

ANALYSIS

This bill:

1. Requires a campus of the UC, CSU, or CCCs to waive tuition or fees for a student who enrolls in an extended education course if both of the following are met:
   1. The student meets the eligibility criteria specified in current law for the

waiver of mandatory systemwide fees for dependents of veterans, which include a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, or an undergraduate student who is a recipient of a Medal of Honor, or a child of a Medal of Honor recipient who is no more than 27 years old, as specified.

• 1. The extended education course is being used to meet the requirements of an undergraduate degree program.

STAFF COMMENTS

1. Need for the bill. According to the author, “We need to keep up with the changing landscape in education and the benefits military families receive to advance their quality of life. This is an easy way to show that continued support and provide clarification to the benefits these families deserve.”
2. Makes self-supported courses eligible for waiver. Courses provided by extended education programs are self-supported, also known as continuing education, extended education, and community service classes. Self-supported courses typically require students to pay fees that cover the entire cost of the course, without any financial support from the state. In contrast, state-supported programs, which are traditional degree programs, are funded by a mix of state funding and student tuition fees. Self-supported programs include academic courses, professional certificate programs, and personal enrichment courses offered year-around, not necessarily adhering to a traditional academic calendar. There is variation in course fees across different campuses. The existing waiver for Medal of Honor recipients and dependents of service injured veteran outlined in the background of this analysis pertains to fees linked to state-supported traditional degree programs. This bill aims to provide the same benefit for fees related to self-supported undergraduate degree programs to students who would otherwise qualify for the Medal of Honor or dependents of service injured veteran wavier.
3. CCC do not offer self-supported undergraduate degree programs. All three public higher education segments provide self-supported courses. CSU provides bachelor’s degrees through its extended education programs, while UC offers select courses for academic credit toward a UC degree. However, CCC primarily receive funding for their programs and courses through Proposition 98 dollars allocated through the Student Centered Funding Formula. While certain CCC districts offer self-supported community service classes funded solely by student fees, these courses do not result in a degree. The bill’s provisions solely pertain to courses eligible for undergraduate degree credit. Since CCCs do not offer the types of courses identified in the bill, imposing requirements for non-existent courses could lead to confusion among CCC. For this reason, staff recommends that the bill be amended to remove community colleges from its provisions.
4. Impact on campuses. As noted in the background of this analysis, current law prohibits public postsecondary institutions from applying certain fees to various groups impacted by tragic events. The state does not provide direct reimbursement to CSU or UC for waiving fees for these groups, including the dependents of service-injured veterans. This bill would establish precedent for requiring the exemption of fees for courses offered by self-supported programs. These programs rely on student fees for course offerings, raising questions about a campus’s ability to cover costs and sustain course offerings.
5. Impact on students. Expanding waiver eligibility to cover degree applicable extended education courses may ensure access to degree programs with greater schedule flexibility. It would also simplify waiver programs for applicants by eliminating the need to distinguish between state-supported and self-supported degree programs in order to access the benefit. Further, this bill’s provisions appear to be in line with the core principles of the original statute, seeking to acknowledge dependents impacted by a military service-related incident by offering a tuition-free degree at a public university or college.
6. Related legislation.

AB 1793 (Ta, 2024) extends Cal Grant and Middle Class Scholarship Program to a natural or adopted child, stepchild, or spouse who is a dependent of a member of the Armed Forces of the United States stationed outside of California on active duty but otherwise maintains their residence in California. AB 1793 was approved by the Assembly Higher Education Committee and re-referred to the Assembly Committee on Military and Veterans Affairs.

SUPPORT

None received

OPPOSITION

None received

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