SB67ENROLLED
Page 0
11NX33-2
By Senator Chambliss
RFD: Veterans and Military Affairs
First Read: 21-Mar-23
2023 Regular Session
1
2
3
4
5 SB67 EnrolledSB67 Enrolled
Page 1
Enrolled, An Act,
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 median tuition of any public
institution in the state; to clarify the law relating to
undergraduate and graduate credentials; and to repeal Article
2, commencing with Section 31-10-20, of Chapter 10, Title 31,
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) ACADEMIC EXCELLENCE BENEFITS. Additional funds for
guard members who are enrolled undergraduate students who
graduated from high school with a cumulative GPA greater than
3.5 and, while enrolled in an institution of higher education
in this state, have maintained a 3.0 collegiate cumulative
GPA. These funds can be used for tuition, fees, or ancillary
costs.
(1)(3) ALABAMA NATIONAL GUARD. Federally recognized
units of the Alabama National Guard.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB67 EnrolledSB67 Enrolled
Page 2
(2) 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.
(4) ANCILLARY COSTS. Expenses incurred outside of
tuition related to educational costs, including textbooks,
additional course fees, or other course related costs.
(5) QUALIFYING ACADEMIC PATHWAY. A postsecondary
program at an institution of higher education in the state
that is one of the following:
a. A program that has been identified as a Pell Grant
eligible program for which the student earns credits required
for a postsecondary degree at the undergraduate level.
b. A graduate program that is the individual's first
degree sought at that level.
(3)(6) TUITION. The per semester term cost of
instruction and mandatory instructional fees to the public or
private postsecondary student not to exceed the median cost of
tuition per term, such as quarter or semester, of all public
four-year institutions of higher education in this state 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 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
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB67 EnrolledSB67 Enrolled
Page 3
college or institution attended for the individual's declared
program of study. Differential tuition is not included. "
"§31-10-3
(a) Subject to the annual appropriation to the Alabama
National Guard Educational Assistance Program in the annual
Education Trust Fund Appropriation Act, provided such the
annual appropriations shall not exceed 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 one of the following:
(1) A student dually or concurrently enrolled in high
school and an institution of higher education.
(2) A postsecondary student who is enrolled in an
institution of higher education.
(3) A postsecondary student who is dually or
concurrently enrolled in more than one institution of higher
education and is enrolled in a program leading to the a
qualifying academic pathway, including a short certificate or
long certificate, or associate, baccalaureate, masters, or
doctorate degree in an accredited institution of higher
learning, including a community or technical college within
the State of Alabama this state.
(b) Such The 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 such the institution or school
to the Alabama Commission on Higher Education, and shall be
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB67 EnrolledSB67 Enrolled
Page 4
supported by names of the students receiving such the
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 of
the tuition reimbursement under the Alabama National Guard
Educational Assistance Program amount to more than 100 percent
of qualified tuition and fees. An undergraduate student that
qualifies for the Academic Excellence Benefit shall receive an
amount equivalent to 100 percent of qualified tuition and
fees. Undergraduate students with this benefit may use these
funds for tuition and fee reimbursement or ancillary costs. No
person guard member shall be eligible for tuition
reimbursement or academic excellence benefits 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
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB67 EnrolledSB67 Enrolled
Page 5
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. In the event that requests for tuition
reimbursements provided for in this chapter article from the
institutions for educational benefits in any fiscal year
exceed the appropriated amount, then the reimbursements will
shall be prorated equally among the institutions on a
percentage basis of the total invoices received by ACHE the
Alabama Commission on Higher Education and paid accordingly.
Such The 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
qualifying academic pathway, such as 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 chapter article 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
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB67 EnrolledSB67 Enrolled
Page 6
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
Federal Student Aid (FAFSA), except for high school students
dually or concurrently enrolled in high school and an
institution of higher education.
(4) The individual is enrolled in a credit-bearing
course or courses of a qualifying academic pathway at a
regionally accredited institution of higher education.
(b) Any member of the Alabama National Guard receiving
educational benefits under this section and the educational
institutions they attend must shall 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
must shall 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
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB67 EnrolledSB67 Enrolled
Page 7
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
last-dollar manner to maximize all of the guard 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
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 chapter article 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 chapter 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. For the purposes
of this article, the first undergraduate degree obtained is a
baccalaureate degree. Short certificates, long certificates,
and associate degrees of qualifying academic pathways may be
used to obtain a baccalaureate degree. The tuition
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB67 EnrolledSB67 Enrolled
Page 8
reimbursement and academic excellence benefits provided by
this article shall only pay for the first baccalaureate
degree. The tuition reimbursement and academic excellence
benefits for undergraduate students under this article shall
be claimed for no more than a total of 120 academic hours or
until receipt of the first bachelor's degree for which the
scholarship is used, whichever comes first. The total of 120
academic hours includes no more than a total of 72 academic
hours earned at a community college.
(h) A guard member who has already obtained a
baccalaureate degree is not eligible to receive tuition
reimbursement or academic excellence benefits for coursework
leading to a second degree at the same level.
(i) If the benefits were not used by a guard member for
a baccalaureate degree, the tuition reimbursement and academic
excellence benefits for graduate students under this article
shall be claimed for no more than a total of 60 academic hours
or until the receipt of the first graduate degree.
(j) A guard member who has already obtained a graduate
degree is not eligible to receive tuition reimbursement for
coursework leading to a second degree at the same level.
(h)(k) 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, such as quarter or semester, in which he or she becomes
ineligible shall be repaid by the member to the exempting
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB67 EnrolledSB67 Enrolled
Page 9
institution. Any exceeding funds of tuition reimbursement and
academic excellence benefits repaid to the institution shall
be reimbursed to the program.
(i)(l) 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. Any exceeding funds of tuition reimbursement and
academic excellence benefits repaid to the institution shall
be reimbursed to the program.
(j)(m) 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.
(n) 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, 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
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 SB67 EnrolledSB67 Enrolled
Page 10
day of the month of its passage and approval by the Governor,
or its otherwise becoming law.
253
254 SB67 EnrolledSB67 Enrolled
Page 11
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB67
Senate 25-Apr-23
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 25-May-23
Senate concurred in House amendment 31-May-23
By: Senator Chambliss
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288