106 KAR 3:010. Kentucky National Guard Tuition Award Program

Link to law: http://www.lrc.ky.gov/kar/106/003/010reg.htm
Published: 2015

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.
Read Entire Law on www.lrc.ky.gov