SB67INTRODUCED
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11NX33-1
By Senator Chambliss
RFD: Veterans and Military Affairs
First Read: 21-Mar-23
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5 11NX33-1 02/08/2023 MAP (L)ma 2023-321
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SYNOPSIS:
Existing law provides educational tuition
reimbursement for qualified active members of the
Alabama National Guard.
This bill would extend tuition reimbursement for
dually or concurrently enrolled high school and college
students.
This bill would set the cap for private college
tuition reimbursement at the rate of the public
institution with the highest tuition and instructional
rate fees.
This bill would also clarify that the Alabama
National Guard Education Assistance Program may only
pay for the first degree obtained and that short
certificates, long certificates, and associate degrees
are considered stackable undergraduate credentials
which may be used to obtain a baccalaureate degree,
with the first degree obtained being considered a
baccalaureate degree.
A BILL
TO BE ENTITLED
AN ACT
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Relating to the Alabama National Guard; to amend
Sections 31-10-2, 31-10-3, and 31-10-4.1, Code of Alabama
1975, relating to educational benefits for qualified active
members; to limit the amount of private tuition reimbursed to
eligible guard members to the highest tuition of any public
institution in the state; to clarify the law relating to
stackable undergraduate credentials; and to repeal Article 2,
commencing with Section 31-10-20, of Chapter 10 of Title 31 of
the Code of Alabama 1975, relating to supplemental educational
assistance benefits.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-10-2, 31-10-3, and 31-10-4.1 of
the Code of Alabama 1975, are amended to read as follows:
"§31-10-2
The following words used in this article shall have the
following meanings as set forth by this section :
(1)(2) ALABAMA NATIONAL GUARD. Federally recognized
units of the Alabama National Guard.
(2)(1) ACTIVE MEMBER. A member of a federally
recognized unit of the Alabama National Guard meeting the
minimum requirements for satisfactory membership as defined in
the Department of the Army and Department of the Air Force
regulations.
(3) TUITION. The per semester cost of instruction and
mandatory instructional fees to the student not to exceed the
average cost of tuition per semester of a state-supported
Alabama four year institution , as reported to the Alabama
Commission on Higher Education by state-supported institutions
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of higher education and appearing on the tuition plus required
fees report of the commission, for classes or courses that
count towards the individual's degree or certificate plan as
designed and approved by the college or institution attended
for the individual's declared program of study. Payments for
students attending private institutions of higher education
shall not exceed the rates of the state-supported public
institution with the highest tuition and instructional fee
rates. Differential tuition or instructional fees that are
specific to any major are not included. "
"§31-10-3
Subject to the annual appropriation to the Alabama
National Guard Educational Assistance Program in the annual
Education Trust Fund Appropriation Act, provided suchthe
annual appropriations shall not exceed $10,000,000 ten million
dollars ($10,000,000) , the Alabama Commission on Higher
Education is hereby authorized to may pay or reimburse the
qualifying tuition for any active member of the Alabama
National Guard who is a student dually or concurrently
enrolled in high school and college or is enrolled in a
program leading to thea short certificate or long certificate,
or associate, baccalaureate, masters, or doctorate degree in
an accredited institution of higher learning, community or
technical college within the State of Alabama. SuchThe
payments or reimbursements shall be made timely at the end of
each academic quarter or semester for all tuition
reimbursements, and shall be made on the basis of certified
invoices submitted by suchthe institution or school to the
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Alabama Commission on Higher Education, and shall be supported
by names of the students receiving such benefits, together
with the amounts claimed for each student. To be eligible for
such benefits, the individual, at the time of his or her
enrollment must be an active member of the Alabama National
Guard in good standing and an active member of a federally
recognized unit of the Alabama National Guard. The member must
be at least 17 years of age and must be a resident of the
State of Alabama. The tuition reimbursement authorized under
this article may be used for undergraduate or graduate
studies. In no event will any individual be eligible to
receive more than 100 percent of qualified tuition when
combined with similar federal veterans' educational benefits
available to members of the National Guard. All applicants for
tuition reimbursement shall complete a Free Application for
Student Financial Aid (FAFSA). In no event shall payments under
the Alabama National Guard Educational Assistance Program
amount to more than 100 percent of qualified tuition and fees.
No personindividual shall be eligible for tuition
reimbursement for more than 12 years after the date of the
first tuition payment to him or her under this article. For
degrees above the baccalaureate, only 10 percent of the total
funds of the benefit program are to be utilized. The Alabama
Commission on Higher Education shall set up minimum standards
for performance that must be met in order to maintain
eligibility for the continuation of the receipt of tuition
reimbursements under this article that will ensure a member
will maintain at least a 2.0 cumulative grade point average.
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In the event that requests for tuition reimbursements provided
for in this chapterarticle from the institutions for
educational benefits in any fiscal year exceed the
appropriated amount, then the reimbursements willshall be
prorated equally among the institutions on a percentage basis
of the total invoices received by ACHEthe Alabama Commission
on Higher Education and paid accordingly. SuchThe
reimbursement shall be made promptly at the end of each
academic quarter or semester for all certified invoices."
"§31-10-4.1
(a) Beginning October 1, 2016, any member of the
Alabama National Guard enrolled in a program leading to a
certificate, or an associate or bachelor's degree at an
accredited public institution of higher education, technical
college, or community college within the State of Alabama may
apply for a tuition reimbursement benefit as provided for in
this section if the applicant under this chapterarticle meets
the following requirements:
(1) The individual is 17 years of age or over.
(2) The individual is a member of the Alabama National
Guard in good standing throughout the period or semester for
which that individual receives education educational benefits
as indicated by continued satisfactory participation in the
Alabama National Guard as required by all applicable laws and
regulations of the Department of the Army, the Department of
the Air Force, and the Alabama National Guard, and there is no
unfavorable administrative action pending against him or her.
(3) The individual completes a free Application for
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Student Financial Aid, except for students dually or
concurrently enrolled in high school and college.
(b) Any member of the Alabama National Guard receiving
educational benefits under this section and the educational
institutions they attend mustshall comply with the standards
of Satisfactory Academic Progress (SAP) as required for Title
IV benefits under the Higher Education Act and as defined by
that education educational institution provided the member
mustshall maintain at least a cumulative 2.0 grade point
average, or the letter equivalent. Those students who would no
longer be eligible to receive Title IV benefits due to a
failure to meet SAP standards shall no longer be eligible to
receive benefits under this section.
(c) To the extent permitted by law, prior to applying
any benefits provided for under this section, institutional
certifying officials and financial aid officials shall first
apply other federal, state, institutional, and third party
scholarships and grants awarded to the member for that
academic period for payment of required educational expenses
during an academic period, but only for classes or courses
that count towards the individual's degree or certificate plan
as designed and approved by the college or institution
attended for the individual's declared program of study the
benefits provided for under this section shall be applied in a
manner to maximize all of the member's educational benefits .
(d) No public institution of higher education in this
state shall impose a nonresident tuition rate or differential
out-of-state resident fee on an Alabama National Guard member
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in good standing and who meets the requirements of subsection
(a).
(e) All requirements under subsections (a) and (b)
shall be met as a condition of obtaining any education
assistance benefits under this chapterarticle and continued
eligibility for this exemption.
(f) The Alabama Commission on Higher Education shall be
responsible for administering the overall policies, guidance,
implementation, and proper utilization of the scholarship
under this section.
(g) The tuition scholarship under this chapterarticle
shall be claimed for no more than a total of 120 academic
hours or until the receipt of the first degree for which the
scholarship is used, whichever comes first. The tuition
benefits provided by this article shall only pay for the first
degree obtained after approval for benefits under this
article. For the purposes of this article, short certificates,
long certificates, and associate degrees are considered
stackable undergraduate credentials which may be used to
obtain a baccalaureate degree; with the first degree obtained
while enrolled in a short certificate or long certificate
program being considered a baccalaureate degree.
(h) Any member of the Alabama National Guard who fails
to remain in good standing or is terminated from further
service in the Alabama National Guard shall no longer be
eligible for exemption benefits under this section and any
benefits received by the member for the period, semester, or
term in which he or she becomes ineligible shall be repaid by
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the member to the exempting institution.
(i) Any member who is expelled or dismissed by an
institution of higher learning that provides scholarship
benefits under this section to that member shall no longer be
eligible for scholarship benefits under this section and shall
repay all benefits received under this section to the
institution.
(j) Any member who is disqualified from serving in the
Alabama National Guard due solely to medical reasons , with a
Veterans Administration disability rating of 40 percent or
greater, shall be exempt from repaying any benefits received
under this section.
(k) Any participating member of the Alabama National
Guard Educational Assistance Program shall sign a promissory
note or similar document with provisions for the collection
and repayment of benefits in the event that the member is
disqualified or otherwise becomes ineligible to continue to
receive benefits pursuant to the section. "
Section 2. Specifically Article 2, commencing with
Section 31-10-20, of Chapter 10 of Title 31 of the Code of
Alabama 1975, relating to supplemental educational assistance
benefits for qualified active members of the National Guard,
is repealed.
Section 3. This act shall become effective on the last
day of the month of its passage and approval by the Governor,
or its otherwise becoming law.
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