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BILL ANALYSIS

 

 

                                                                                                                                              S.B. 309

                                                                                                                                By: Van de Putte

                                                                                                                                Higher Education

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, a student can receive a refund from a university or college when called to active military service. However, career and vocational schools are not required to give a refund to a student called to active military service.

 

S.B. 309 requires career schools and colleges to refund tuition and fees to a student who withdraws from the institution as a result of being called to active military service.  This bill also authorizes the student to choose to take an incomplete and re-enroll at no additional cost within 12 months of finishing military service. This bill authorizes a student to receive an appropriate final grade or credit if an instructor determines that the student has completed a substantial portion of the course.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1: Amends Subchapter C, Chapter 132, Education Code, by adding Section 132.0611, relating to the refund policy for students called to active military service. Requires, as a condition to receiving a certificate of approval, including a renewal, that a career school or college maintain, and include in the school or college's catalogue and enrollment contract, a policy under which a student who withdraws as a result of the student being called to active duty in a military service of the United States or the Texas National Guard is permitted to elect one of several certain options for each course in which the student is enrolled. Sets forth those options.

 

SECTION 2: Amends Section 132.055(b) of the Education Code, by adding Subdivision (19), to authorize the approval of the application by the Texas Workforce Commission (commission) of a career school or college if it is found, upon investigation at the premises of the school or college, that the school or college maintains a policy regarding students called to active military service that meets the requirements prescribed.

 

SECTION 3: Amends Section 132.201(a) of the Education Code to make a conforming change.

 

SECTION 4: Amends Section 132.2415(b) of the Education Code to make a conforming change.

 

SECTION 5: Provides that Section 132.0611 of the Education Code applies to a career school or college operating under a certificate of approval issued under Chapter 132, Education Code, beginning on the earlier of November 1, 2007, or the earliest date on which the certificate of approval is issued or renewed that occurs on or after the effective date of this Act.

 

SECTION 6. Effective date.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2007.