§ 31-10-4.1 — Qualifications for Tuition Reimbursement Applicants; Priority of State Educational Benefits; Tuition Rates; Applicability of Section; Repayment of Benefits

Alabama § 31-10-4.1

• Jurisdiction: Alabama
• Title 31: Military Affairs and Civil Defense
• Ch. 10: National Guard Educational Assistance
• Art. 1: National Guard Educational Assistance Act

Text

(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 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
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 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
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
educational
institution provided the member
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,
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
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)
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 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.
(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
term
, such as quarter or semester,
in which he or she becomes ineligible shall be repaid by the member to the exempting institution.
Any exceeding funds of tuition reimbursement and academic excellence benefits repaid to the institution shall be reimbursed to the program.
(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.
(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.

Legislative History

(Act 2017-349, §2; §31-10-21.1; renumbered by Act 2018-406, §1(b)(6); Act 2023-528, §1.)