HOUSE BILL No. 2185
AN ACT concerning education; relating to the national guard; permitting guard members
to transfer unused tuition assistance benefits from the Kansas national guard
educational assistance act to an eligible dependent; including doctoral and
professional degrees in the Kansas national guard educational master's for enhanced
readiness and global excellence (EMERGE) program; amending K.S.A. 74-32,145,
74-32,146, 74-32,147 and 74-32,148 and K.S.A. 2024 Supp. 74-32,149, 74-32,305,
74-32,306, 74-32,308 and 74-32,309 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-32,145 is hereby amended to read as follows:
74-32,145. K.S.A. 74-32,145 through 74-32,149, and amendments
thereto, shall be known and may be cited as the Kansas national guard
educational assistance act. It is the purpose of the Kansas national
guard educational assistance act to establish an educational assistance
program under which payment of the tuition and fees charged to
eligible members of the Kansas national guard or an eligible dependent
of such guard members for enrollment at Kansas educational
institutions shall be provided for by the state.
Sec. 2. K.S.A. 74-32,146 is hereby amended to read as follows:
74-32,146. As used in the Kansas national guard educational assistance
act:
(a) "Kansas educational institution" means and includes
community colleges, the municipal university, state educational
institutions, technical colleges, the institute of technology at Washburn
university and accredited independent institutions any not-for-profit
independent institution of higher education that is accredited by an
institutional accrediting agency recognized by the United States
department of education, is operated independently and not controlled
or administered by the state or any agency or subdivision thereof,
maintains open enrollment, offers online education and offers,
exclusively, competency-based education programs.
(b) "Eligible guard member" means any current member of the
Kansas national guard who is enrolled at a Kansas educational
institution and who is not under a suspension of favorable action flag or
currently on the unit unfavorable information file. The term eligible
guard member does not include within its meaning any member of the
Kansas national guard who is the holder of a baccalaureate or higher
academic degree, or who does not hold a high school diploma or
general educational development (GED) credentials.
(c) "Kansas national guard educational assistance program" or
"program" means the program established pursuant to the provisions of
the Kansas national guard educational assistance act.
(d) "Educational program" means a program which that is offered
and maintained by a Kansas educational institution and leads to the
award of a certificate, diploma or degree upon satisfactory completion
of course work requirements.
(e) "Dependent" means an individual who is registered as an
eligible dependent of the sponsoring eligible guard member in the
defense enrollment eligibility reporting system (DEERS).
Sec. 3. K.S.A. 74-32,147 is hereby amended to read as follows:
74-32,147. The state board of regents shall may adopt rules and
regulations for the administration of the Kansas national guard
educational assistance act and shall:
(a) Establish a mechanism to ensure distribution of funds for
tuition and fee reimbursement to Kansas educational institutions;
(b) enter into a cooperative relationship with the adjutant general
to ensure efficient operation of the program;
(c) develop and effectuate a system of accountability for all
disbursements under the program and provide written reports as
prescribed; and
(d) coordinate with the adjutant general a procedure to ensure
initial and on-going ongoing eligibility of all guard members and
dependents who are program participants.
Sec. 4. K.S.A. 74-32,148 is hereby amended to read as follows:
74-32,148. (a) Subject to the availability of appropriations for the HOUSE BILL No. 2185—page 2
Kansas national guard educational assistance program and within the
limits of any such appropriations, every eligible guard member or
dependent who is enrolled at a Kansas educational institution and who
is participating in the program shall receive assistance each semester in
an amount equal to the tuition and required fees for not more than 15
credit hours. The aggregate number of credit hours for which assistance
may be provided under the program shall not exceed 150% of the total
credit hours required for the eligible guard member or dependent to
complete such member's or such dependent's educational program.
(b) Eligible guard members may either personally participate or
sponsor a dependent to participate in the Kansas national guard
educational assistance program. Assistance available to such
dependent under the program is subject to the availability of funds
after educational benefits are fully funded for all eligible guard
members participating in the Kansas national guard educational
assistance program.
(b)(c) Notwithstanding the provisions of subsection (a), eligible
guard members shall not be paid the Kansas national guard
educational assistance program shall not pay for the amount of tuition
and required fees charged for any course repeated or taken in excess of
the requirements for completion of the educational program in which
the eligible guard member or dependent is enrolled. The amount of
tuition and required fees paid an eligible guard member or dependent
pursuant to subsection (a) shall be at a rate not to exceed the maximum
rate that would be charged by a state educational institution, as defined
in K.S.A. 76-711, and amendments thereto, for enrollment of the
eligible guard member or dependent.
(c)(d) Amounts of assistance for which an eligible guard member
or dependent is eligible to receive under this act shall be offset by the
aggregate amount of federal financial assistance received by such guard
member or dependent, as a result of active national guard membership,
to pay the costs of tuition and fees for enrollment at Kansas educational
institutions.
Sec. 5. K.S.A. 2024 Supp. 74-32,149 is hereby amended to read as
follows: 74-32,149. (a) (1) In order for a member of the national guard
or a dependent to qualify for participation in the Kansas national guard
educational assistance program, an eligible guard member must shall
agree, in writing, to complete such member's current service obligation
in the Kansas national guard and serve actively in good standing with
the Kansas national guard for not less than 24 months upon completion
of the last semester for which the member or dependent receives
assistance under the program.
(2) In order for a member of the national guard to qualify for
assistance from the Kansas national guard educational assistance
program, an eligible guard member shall:
(A) Hold a high school diploma or high school equivalency
credential;
(B) be enrolled at a Kansas educational institution; and
(C) not hold a baccalaureate or higher academic degree.
(3) An eligible guard member may only sponsor one dependent to
participate in the Kansas national guard educational program during
such member's service.
(4) To qualify for assistance from the Kansas national guard
educational assistance program, a dependent shall:
(A) Hold a high school diploma or high school equivalency
credential;
(B) be enrolled at a Kansas educational institution;
(C) not hold a baccalaureate or higher academic degree; and
(D) complete and submit the Kansas student aid application with
the state board of regents.
(2)(5) Prior to becoming eligible for participation in the program,
each eligible guard member or dependent shall submit the free
application for federal student aid, and apply for any other federal
tuition assistance that such member or dependent also may be eligible HOUSE BILL No. 2185—page 3
to receive.
(b) In order to remain eligible for participation in the program, an
eligible guard member must or dependent shall remain in good
standing at the Kansas educational institution where enrolled, make
satisfactory progress toward completion of the requirements of the
educational program in which enrolled, and maintain a grade point
average of not less than 2.0 and. The eligible guard member shall
maintain satisfactory participation in the Kansas national guard. It shall
be the responsibility of the eligible guard member to obtain a certificate
from the member's commanding officer attesting to the member's
satisfactory participation in the Kansas national guard and to present
the certificate to the educational institution, in order to obtain a
payment under this act. The certificate shall be presented at the time
payment is requested for completed courses. Upon completion of each
semester, each eligible guard member or dependent receiving
assistance under the program shall submit a transcript of the credit
hours earned by such guard member or dependent, including the grades
for credit hours, to such eligible member's unit of assignment.
(c) Upon failure of any person, who as an eligible guard member
received payments or whose dependent received payments under the
Kansas national guard educational assistance act, to satisfy the
agreement to continue service in the Kansas national guard as provided
by subsection (a)(1), such person shall pay to the state of Kansas an
amount to be determined as follows:
(1) Determine the total amount of assistance paid to such member
or dependent under the program;
(2) divide the amount determined under subsection (c)(1) by 24;
and
(3) multiply the amount determined under subsection (c)(2) by the
number of months such member did not serve as required by subsection
(a)(1). The resulting product is the total amount of recoupment from
such member.
All amounts paid to the state under this subsection shall be
deposited in the state treasury and credited to the Kansas national guard
educational assistance program repayment fund created by K.S.A. 74-
32,150, and amendments thereto.
(d) Any eligible guard member that received payments, or whose
dependent received payments, under the program but has failed to
satisfy the agreement to continue service in the Kansas national guard
as provided by subsection (a)(1) by reason of extenuating
circumstances or extreme hardship may request a waiver from
recoupment. Such request shall be in writing and submitted through
such member's chain of command to the Kansas national guard
education services office. The chief of staff of the Kansas army national
guard or the director of staff for the Kansas air national guard shall
review all requests for a waiver from recoupment, and the decision to
issue such waiver shall be made by either officer as such officer deems
appropriate.
Sec. 6. K.S.A. 2024 Supp. 74-32,305 is hereby amended to read as
follows: 74-32,305. (a) K.S.A. 74-32,305 through 74-32,310, and
amendments thereto, shall be known and may be cited as the Kansas
national guard educational master's for enhanced readiness and global
excellence (EMERGE) program.
(b) The purpose of the Kansas national guard EMERGE program
is to establish a master's an advanced degree assistance program under
which payment of the tuition and fees charged to eligible members of
the Kansas national guard for enrollment in master's advanced degree
programs at Kansas educational institutions shall be provided by the
state pursuant to the EMERGE program.
Sec. 7. K.S.A. 2024 Supp. 74-32,306 is hereby amended to read as
follows: 74-32,306. As used in the Kansas national guard educational
master's for enhanced readiness and global excellence (EMERGE)
program:
(a) "Educational programAdvanced degree" means a master's HOUSE BILL No. 2185—page 4
degree program offered or maintained by a Kansas educational
institution that leads to the award of a master's, professional degree or
doctorate awarded to an eligible guard member upon satisfactory
completion of the course work requirements of such degree program
offered or maintained by a Kansas educational institution.
(b) "Doctorate" means a degree requiring three or more academic
years of full-time academic study or the equivalent in part-time
attendance that follows the successful completion of a baccalaureate or
master's degree. A "doctorate" may be either a research or a
professional practice degree.
(c) "Eligible guard member" means any member of the Kansas
national guard who has been accepted into an eligible master's
advanced degree program and who is not under a suspension of
favorable flag action or on the unit unfavorable information file.
"Eligible guard member" includes nonconcurrent guard members
accepted into an eligible professional degree program if they are
qualified to join the Kansas national guard.
(c)(d) "Kansas educational institution" means a state educational
institution, as defined in K.S.A. 76-711, and amendments thereto,
Washburn university or an accredited independent institution, as
defined in K.S.A. 72-3222, and amendments thereto.
(d)(e) "Kansas national guard educational master's for enhanced
readiness and global excellence program" or "EMERGE program"
means the program established pursuant to the provisions of the Kansas
national guard educational master's for enhanced readiness and global
excellence program.
(f) "Master's degree" means a degree requiring not less than one
year of academic work or the equivalent in part-time attendance and
follows the successful completion of a baccalaureate degree.
(g) "Professional degree" means a degree that requires not less
than three years of full-time study or the equivalent in part-time
attendance that follows the successful completion of a baccalaureate
degree, such as a juris doctor degree or a physician's assistant degree.
Sec. 8. K.S.A. 2024 Supp. 74-32,308 is hereby amended to read as
follows: 74-32,308. (a) Subject to the availability of appropriations for
the Kansas national guard EMERGE program and within the limits of
any such appropriations, except as provided in subsections (b) and (c),
every eligible national guard member who is enrolled at a Kansas
educational institution and participating in the program shall receive
assistance each semester in an amount equal to the tuition and required
fees for not more than 15 hours. The aggregate number of credit hours
for which assistance may be provided under the program shall not
exceed 150% of the total credit hours required for the eligible guard
member to complete such member's master's advanced degree program.
(b) Notwithstanding the provisions of subsection (a), eligible
guard members shall not be paid the EMERGE program shall not pay
for the amount of tuition and fees charged for any course repeated or
taken in excess of the requirements for completion of the master's
advanced degree program in which the eligible guard member is
enrolled. The amount of tuition and required fees paid an eligible guard
member pursuant to subsection (a) shall be at a rate not to exceed the
maximum rate that would be charged by a state educational institution
for enrollment of the eligible guard member.
(c) Amounts of assistance for which an eligible guard member is
eligible to receive under this act shall be offset by the aggregate amount
of federal or institutional tuition assistance received by such eligible
guard member, as a result of active national guard membership, to pay
costs of tuition and fees for enrollment at Kansas educational
institutions.
Sec. 9. K.S.A. 2024 Supp. 74-32,309 is hereby amended to read as
follows: 74-32,309. (a) On or before July 1 of each academic year, The
adjutant general shall select up to 100 eligible national guard members
annually who applied to the program to receive assistance from such
program. The number of eligible guard members in the program shall HOUSE BILL No. 2185—page 5
not exceed 200 eligible guard members in any one school year.
(b) (1) In order to qualify for participation in the Kansas national
guard EMERGE program, an eligible national guard member shall
agree, in writing, to complete such member's current service obligation
in the Kansas national guard and serve actively in good standing with
the Kansas national guard or in a duty status affiliated with the Kansas
national guard for not less than 48 months upon completion of the last
semester for which the member receives assistance under the program
for a master's degree and for not less than 72 months upon graduation
for a doctorate or professional degree for which the member receives
assistance under the program.
(2) Prior to becoming eligible for participation in the program,
each eligible guard member shall submit the free application for federal
student aid and apply for any other federal tuition assistance that such
member also may be eligible to receive.
(c) In order to remain eligible for participation in the program, an
eligible guard member shall remain in good standing at the Kansas
educational institution where such member is enrolled, make
satisfactory progress toward completion of the requirements of such
member's master's advanced degree program, maintain a grade point
average of not less than 2.75 for a master's degree or a 3.0 for a
doctorate or professional degree and maintain satisfactory participation
in the Kansas national guard.
(d) (1) Upon failure of any eligible guard member who received
payments under the Kansas national guard EMERGE program to
satisfy the agreement to continue service in the Kansas national guard
as provided by subsection (a), such person shall pay to the state of
Kansas an amount to be determined as follows:
(A) Determine the total amount of assistance paid to such member
under the program;
(B) divide the amount determined under subsection (d)(1)(A) by
48 for a master's degree or 72 for a doctorate or professional degree;
and
(C) multiply the amount determined under subsection (d)(1)(B) by
the number of months such member did not serve as required by
subsection (a). The resulting product is the total amount of recoupment
to be paid by such member.
(2) All amounts paid to the state under this subsection shall be
deposited in the state treasury and credited to the Kansas national guard
EMERGE program repayment fund created by section 6 K.S.A. 2024
Supp. 74-32,310, and amendments thereto.
(e) Any eligible guard member that received payments under the
program but has failed to satisfy the agreement to continue service in
the Kansas national guard as provided by subsection (a) by reason of
extenuating circumstances or extreme hardship may request a waiver
from recoupment under subsection (d). Such request shall be in writing
and submitted through such member's chain of command to the Kansas
national guard education services office. The chief of staff of the
Kansas army national guard or the director of staff for the Kansas air
national guard shall review all requests for a waiver from recoupment,
and the decision to issue such waiver shall be made by either officer as
such officer deems appropriate. HOUSE BILL No. 2185—page 6
Sec. 10. K.S.A. 74-32,145, 74-32,146, 74-32,147 and 74-32,148
and K.S.A. 2024 Supp. 74-32,149, 74-32,305, 74-32,306, 74-32,308
and 74-32,309 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.