Amended by Stats. 2018, Ch. 547, Sec. 2. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.
This article shall be known, and may be cited, as the California Military Department GI Bill.
Article 20.7 - California Military Department GI Bill Award Program
California Education Code — §§ 69999.10-69999.28
Sections (10)
Amended by Stats. 2018, Ch. 547, Sec. 3. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.
There is hereby established the California Military Department GI Bill Award Program.
Amended by Stats. 2020, Ch. 97, Sec. 7. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.
The Legislature finds and declares all of the following:
(a)The California Military Department exists to provide a military organization in California with the capability to protect the lives and property of the people of the state during periods of natural disaster and civil disturbances, and to perform other functions required by the Military and Veterans Code or as directed by the Governor.
(b)The California Military Department performs an essential public purpose in protecting the health, safety, and property of California’s citizens and, in order to fulfill its objectives, it is necessary for the California Military Department to have sufficient service members to deal with natural or human-caused disasters and
emergencies.
(c)The state-sponsored education benefit is an important tool used to ensure that the California Military Department attracts and retains highly competent and capable service members who stand ready to immediately respond to the state’s call.
(d)The California Military Department GI Bill is an investment in the men and women who serve California faithfully. This incentive ensures that members of the California National Guard and the California State Guard are not placed at an educational disadvantage when compared to their active duty or reserve component counterparts.
(e)The Legislature
and the California Military Department believe that every service member who takes the oath to serve this great state needs to be afforded the best opportunity to achieve a higher education.
Amended by Stats. 2020, Ch. 97, Sec. 8. (AB 2193) Effective January 1, 2021. Article conditionally operative as provided in Section 69999.28.
(a)Commencing January 1 of the 2009–10 academic year, and each academic year thereafter, any qualifying member of the California National Guard, the State Guard, or the Naval Militia may apply for an award under the California Military Department GI Bill.
(b)(1) A qualifying member shall meet all of the following conditions to be eligible to receive a California Military Department GI Bill award:
(A) The person is a resident within the meaning of Section
68017.
(B) The person is an active member of the California National Guard, the
State Guard, or the Naval Militia.
(C) The person has been accepted or registered at, or enrolled in, a qualifying institution, as defined in subdivision (l) of Section 69432.7.
(D) The person agrees to use the award to obtain a certificate, degree, or diploma that the person does not hold at the time the person applies for the award, and enrolls in at least three academic units per semester, or the equivalent thereof. The award may be used to
obtain one baccalaureate, graduate, or doctoral degree. The award may be used for a certificate, degree, or diploma that leads to a baccalaureate, graduate, or doctoral degree.
(E) The person agrees to serve two years in the California National Guard, the Naval Militia, or the California State Guard upon completion of the last academic period that the person uses educational assistance under this program.
(F) The person agrees to complete
their
course of study within 10 years of the person’s initial acceptance into the program. If a person is unable to complete their course of study in the 10-year period due to federal military activation or other unexpected circumstance, the Adjutant General of the California Military Department may extend that person’s participation in the program for a period of up to five additional years.
(G) The person has submitted the Free Application for Federal Student Aid (FAFSA) to the United States Department of Education.
(2)To be eligible for an award for a summer session term, a qualifying member who meets the conditions in paragraph (1) shall submit a letter from
the member’s unit commander that states that the member’s enrollment in that summer session will not adversely impact the member’s attendance at mandatory military training.
(c)Each person applying for a California Military Department GI Bill award shall submit an application for an award to the Adjutant General.
(d)The Adjutant General shall do all of the following:
(1)Annually identify the skills most needed by the California National Guard to retain members who possess, or seek to possess, those identified skills.
(2)Prioritize those applicants who qualify for an award pursuant to subdivision (b) based on the skills most needed by the California National Guard, as identified pursuant to paragraph (1).
(3)Select award recipients from among eligible applicants pursuant to subdivision (e).
(4)Certify the eligibility of applicants to the Student Aid Commission.
(5)Notify recipients of their selection for an award.
(e)The Adjutant General shall select recipients who have been judged by the Adjutant General to have outstanding ability on the basis of criteria that may include, but shall not be limited to, any of the following:
(1)The Military Occupational Specialty Code or the Air Force Specialty Code.
(2)An annual noncommissioned officer evaluation report or officer evaluation report of the preceding two years.
(3)A memorandum from the applicant’s commander recommending the applicant for the award.
(4)Commendations the applicant has received.
(5)An essay, written by the applicant, explaining why education is important to the applicant.
(f)The number of awards issued by the Student Aid Commission in any fiscal year shall be limited to the number authorized in the annual Budget Act for that year, but in no event shall exceed 1,000 in any fiscal year.
(g)The Student Aid Commission shall issue the awards in accordance with Section 69999.18.
Amended by Stats. 2018, Ch. 547, Sec. 6. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.
(a)The Student Aid Commission is responsible for issuing awards authorized by Section 69999.16, upon receipt of a certificate from the Adjutant General verifying that the applicant meets the eligibility requirements of this article. The commission shall provide any information to the Military Department that is necessary to meet the reporting requirements of Section 69999.24.
(b)The amount of an award issued pursuant to this article shall be as follows:
(1)For a recipient attending the University of California or the California State University, the maximum amount of the Cal Grant A award, pursuant to Section 66021.2,
as adjusted in the annual Budget Act.
(2)For a recipient attending a community college, the maximum amount of the Cal Grant B award, pursuant to Section 66021.2, as adjusted in the annual Budget Act.
(3)For a recipient attending a nonpublic institution, the maximum amount of a Cal Grant A award for a student attending the University of California pursuant to Section 66021.2, as adjusted in the annual Budget Act.
(c)An award used for graduate studies shall not exceed the maximum amount of a Cal Grant A award, as specified in paragraph (1) of subdivision (b).
(d)The award amount under subdivisions (b) and (c) shall not exceed the difference between
the recipient’s cost of attendance and any other student financial aid and educational benefits pursuant to the federal Montgomery GI Bill (38 U.S.C. Sec. 3001 et seq.) or any other federal educational benefits program for veterans.
(e)California Military Department GI Bill awards may be renewed for each new academic year, for a maximum of the greater of either (1) four years of full-time equivalent enrollment or (2) the duration for which the qualifying member would otherwise be eligible pursuant to the Cal Grant Program (Chapter 1.7 (commencing with Section 69430)), if the Adjutant General certifies the qualifying member’s eligibility and the qualifying member maintains at least a 2.0 cumulative grade point average.
Amended by Stats. 2018, Ch. 547, Sec. 7. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.
Qualifying members shall not receive both a California Military Department GI Bill award and any Cal Grant award for the same academic year. A qualifying member under this article who is also eligible for a Cal Grant award may elect between an award under this article and any Cal Grant award for the same academic year.
Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.
The Student Aid Commission, in consultation with the Military Department, shall adopt emergency rules and regulations, pursuant to Section 11346.1 of the Government Code, for the purpose of administering this article. These rules and regulations shall include provisions that establish criteria for selecting award recipients, including priorities for allocating available money to applicants. The Student Aid Commission may solicit the advice of representatives from postsecondary educational institutions regarding any proposed rules and regulations.
Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Article conditionally operative as provided in Section 69999.28.
(a)Costs incurred by the Student Aid Commission for issuing and processing awards shall be reimbursed through an interagency agreement from appropriations in the annual Budget Act to the Military Department for purposes of this article.
(b)The Student Aid Commission may enter into contracts with a public agency or a private entity to improve the processing and distribution of awards through the use of electronic networks and unified databases.
Amended by Stats. 2018, Ch. 547, Sec. 8. (AB 2722) Effective January 1, 2019. Article conditionally operative as provided in Section 69999.28.
The Student Aid Commission shall report annually to the Legislature regarding program participation, including, but not necessarily limited to, both of the following, as categorized on the basis of age, ethnicity, and gender:
(a)The total number of participants in the program established by this article.
(b)The number of participants who receive a California Military Department GI Bill award, classified by academic year.
Added by Stats. 2009, 4th Ex. Sess., Ch. 12, Sec. 4. Effective July 28, 2009. Note: Contingent operation provision applies to Article 20.7, commencing with Section 69999.10.
This article shall become operative only upon an appropriation by the Legislature for the purposes of this article.