DEPARTMENT OF MILITARY
AFFAIRS
(As Amended at ARRS,
October 13, 2015)
106 KAR 3:010. Kentucky National Guard Tuition Award
Program.
RELATES TO: KRS 164.001(7),
164.516, 164.5161, 164.5165, 164.5169, 10 U.S.C. 1606, 20 U.S.C.
1070a, 38 U.S.C. 30, 32
STATUTORY AUTHORITY: KRS[164.516,]
164.5161, 164.5165[, 164.5169]
NECESSITY, FUNCTION, AND CONFORMITY: KRS
164.5161(2) authorizes the Kentucky National Guard Tuition Award Program.
164.5161(4) requires the Department of Military Affairs to promulgate an administrative
regulation to establish eligibility requirements for participation in the
Kentucky National Guard Tuition Award Program. This administrative regulation
establishes eligibility requirements for participation in the Kentucky National
Guard Tuition Award Program[The 1996 Regular Session of the General Assembly
established the Kentucky National Guard Tuition Award Program and directed that
the Department of Military Affairs promulgate administrative regulations to establish
the eligibility of National Guard members to participate in the program. This administrative
regulation establishes: (1) eligibility requirements; (2) the application
process; (3) individual and educational institution notification; (4) educational
institution verification; and (5) referral for payment through the Kentucky
Higher Education Assistance Authority].
Section 1. Definitions. (1) "Award
period" means the division of the year established by the educational
institution, such as a quarter, semester, trimester, [or]summer
session, or other academic term.
(2) "Education office" means
the Kentucky National Guard Education Office.
(3) "Educational institution"
is defined by KRS[164.516(1) and] 164.5161(1).
(4) "Kentucky National Guard"
is defined by KRS 164.516(2).
(5) "Member" is defined by KRS
164.516(3).
(6) "Participant" means a
member whose application for tuition under the Kentucky National Guard Tuition
Award Program has been approved and for whom funds have been disbursed by the
Kentucky Higher Education Assistance Authority to the appropriate educational
institution.
(7) "Program" means the
Kentucky National Guard Tuition Award Program established by KRS 164.516,
164.5161, 164.5165, and 164.5169.
(8) "Satisfactory
membership" means the member has:
(a) Not failed the most recent
physical fitness test;
(b) Met the height-weight
standard;
(c) Met attendance standards for
the past twelve (12) months from the date of application, to include no:
1. Unsatisfactory performance;
and
2. Absences without leave; and
(d) No restrictions on the
member’s personnel file that prevent positive personnel actions["ROTC"
means the Reserve Officer Training Corps].
(9) "Simultaneous membership
participant" or "SMP" means a person who is simultaneously:
(a) Enrolled in the Reserve Officer
Training Corps; and
(b) A member of the Kentucky National
Guard.
(10) "Undergraduate degree"
means:
(a) A bachelor's degree; or
(b) An associate degree for completion of
a course of study in a technical field, such as but not limited to registered
nurse, dental hygienist, physical therapy assistant, engineering technology, or
business technology.
[(11) "Satisfactory
membership" means the member has:
(a) Not failed the most recent
physical fitness test;
(b) Met the height-weight
standard;
(c) Met attendance standards for
the past twelve (12) months from the date of application, to include:
1. No unsatisfactory
performance; and
2. No absences without leave.
(d) No restrictions on his
personnel file that prevent positive personnel actions.]
Section 2. Eligibility. (1) A member
shall not be eligible for a tuition award if the member[it has
been determined that he] has failed to meet the minimum
requirements for satisfactory membership in the Kentucky National Guard.
(2)(a) Except as established in[provided
by] paragraph (b) of this subsection, a member shall be eligible
for a tuition award for an award period that will end before the expiration of the
member’s[his] term of service.
(b) A member shall be eligible for a
tuition award for an award period that will end after the expiration of the
member’s term of service if the member has submitted a signed Kentucky National
Guard Tuition Award Program Application and states the member’s intent to
extend the member’s[his term of service if the member has submitted his
signed application which states his intent to extend his] term of
service beyond the end of the award period.
(3) Unless the member[he]
is a simultaneous membership participant, a member who has not completed basic training shall not be
eligible for the program.
(4) Beginning with the 2016-2017
academic year, a participating member's eligibility for the Kentucky National
Guard Tuition Award Program shall expire if the:
(a)[The] Member
has completed a Bachelor's degree; or
(b)[The] Aggregate
of program funds disbursed on behalf of the member meets the lifetime benefit
established in this paragraph based on the education institution in which the
member is enrolled for the most recent award period.
1. The lifetime benefit shall be:
a. $20,000 at an institution within
the Kentucky Community and Technical College System;
b. $40,000 at a Kentucky private
postsecondary educational institution;
c. $40,000 at a Kentucky four (4) year
public "comprehensive university" as defined
by[in] KRS 164.001(7); or
d. $50,000 at a Kentucky four (4) year
public research institution, which shall be either the University of Louisville
or the University of Kentucky.
2. Beginning after the
2016-2017 academic year, the limit for each type of institution established
in subparagraph 1. of this paragraph shall be increased[adjusted]
annually by five (5) percent to allow for tuition increases.
Section 3: Loss of Eligibility. (1) A
participant shall not be eligible to reapply for a tuition award if:
(a) The educational institution for which
the participant[he] received a tuition award has
determined that the participant[he] has been:
1. Placed on academic suspension; or
2. Expelled for a violation of the
educational institution's policies or regulations; or
(b) The participant[Kentucky
National Guard has determined that he] has failed to meet the
minimum requirements for satisfactory membership in the Kentucky National
Guard.
(2) A member who has been determined to
be ineligible pursuant to subsection (1) of this section shall remain
ineligible to reapply for a tuition award until:
(a) The educational institution permits the
member’s[his] reenrollment; and
(b) The member[Kentucky
National Guard has determined that he] meets the minimum
requirements for satisfactory membership in the Kentucky National Guard.
Section 4. Priority of Applicants. In the
selection of participants, priority shall be:
(1) Given to a member who has not[:
(a) Earned an undergraduate
degree; or
(b)] received a
certificate or diploma from a vocational education program; and
(2) Determined by date of receipt of
application at the education office.
Section 5. Application. (1) An
application for a tuition award shall be submitted for each award period.
(2) Except for fall 1996, an application
shall be filed on or before:
(a) April 1, for an award period
beginning:
1. May through July; and
2. August through December; and
(b) October 1, for an award period
beginning January through April.
(3) The member shall:
(a) Complete a ["]Kentucky
National Guard Tuition Award Program Application["] for the
educational institution the member plans to attend; and
(b) Forward the completed form to the
member's unit commander.
(4) A unit commander shall:
(a) Verify an applicant's eligibility;
and
(b) Transmit the application and
verification of eligibility to the education office.
(5) The education services officer shall:
(a) Review the application;
(b) Determine the priority of the
application as established in Section 4 of this administrative
regulation;
(c) Assign a control number to each
application;
(d) Mail a written notification to the
applicant stating:
1. That the[his]
application has been approved, or disapproved; and
2. If disapproved, the reasons therefore;
and
(e) Transmit a copy of the ["]Kentucky
National Guard Tuition Award Roster["] to the appropriate educational
institution.
(6) The ["]Kentucky National
Guard Tuition Award Roster["] shall contain:
(a) Name and federal l.D. code of
educational institution;
(b) Names of approved applicants;
(c) Social Security number of each
applicant;
(d) The amount of the tuition award
granted each applicant;
(e) Control number for each applicant;
(f) Date of award roster;
(g) Signature and date signed by
education services officer;
(h) Educational institution certification
statement, signature, and date signed;
(i) Educational institution fund transfer
account entry line, if applicable;
(j) Adjusted amount of tuition entry
line;
(k) Period of enrollment for each roster;
(I) Academic year;
(m) Total number of eligible students;
and
(n) Total amount of awards.
(7) The education officer shall request
the educational institution to:
(a) Verify enrollment; and
(b) State in the adjusted amount entry line the
exact amount of tuition charged the participant.
Section 6. Funds shall be
appropriated[The Kentucky Higher Education Assistance Authority shall,
to the extent that funds have been appropriated and
are available to the Kentucky National Guard Tuition Award Program, disburse funds] pursuant to 11 KAR
13:010.
Section 7. Tuition Award Period. (1) A
tuition award shall be granted for an award period.
(2)(a) A participant's award shall not exceed
the amount of the tuition charged by the educational institution minus the
amount received by the applicant that is restricted to the payment of tuition
from:
1. A government agency;
2. An educational institution;
3. Charity;
4. Public educational trust; or
5. Any other entity.
(b) The provisions of paragraph (a) of this subsection
shall not apply to an amount received by an applicant:
1. Pursuant to 10 U.S.C. 1606 (Montgomery
G.I. Bill, Reserve Components);
2. Pursuant to 38 U.S.C. 30 (New G.I.
Bill, Active Duty);
3. Pursuant to 38 U.S.C. 32 (G.I. Bill,
Vietnam Era);
4. Pursuant to 20 U.S.C. 1070a (Federal
Pell Grant Program);
5. From a loan obtained by an applicant;
and
6. From scholarships that are not
restricted to the payment of tuition.
Section 8. Appeals. A member whose
application has been disapproved, or whose application has been approved for an
amount disputed by the member, may request reconsideration, in writing with supporting
documents, through command channels to the Adjutant General.
Section 9. Incorporation by Reference.
(1) The following forms are incorporated by reference:
(a) "Kentucky National Guard Tuition
Award Program, Application AGO KyForm 18-7", [(]15 August 1996[)"];
and
(b) "Kentucky National Guard Tuition
Award Roster AGO KyForm 18-9", [(]1 August 1996[)"].
(2)(a) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Kentucky
National Guard Education Services Office, Vets Building, Boone National Guard
Center, Frankfort Kentucky 40601-6168, Monday through Friday, 7:30 a.m. to 5
p.m.
(b) The office may be closed on alternate
Mondays due to being under an adjusted work schedule. It is suggested that a
call be made to the office to determine actual work hours, (502) 607-1039 or (502)
607-1307.
[(c) Total number of pages
incorporated by reference: three (3).]
STEVEN P. BULLARD, Director
EDWARD W. TONINI, Maj. Gen
APPROVED BY AGENCY: August 12, 2015
FILED WITH LRC: August 12, 2015 at 4 p.m.
CONTACT PERSON: Steven P. Bullard,
Director of Administrative Services, Kentucky Department of Military Affairs,
100 Minuteman Parkway, Frankfort, Kentucky 40601-6168, phone 502-607-1738, fax 502-607-1240.
