SB 94

Under existing law, a nonresident member of the Alabama National Guard that is enrolled at an institution of higher education within the state must be a member of the Alabama National Guard for a period of at least two years immediately preceding qualifying for resident tuition and must continue to be a member of the Alabama National Guard in order to qualify for educational benefits for his or her service

Under existing law, an active member of the Alabama National Guard enrolled in a program leading to a degree at an accredited institution of higher education in the state must be a resident of Alabama in order for the Alabama Commission on Higher Education to pay or reimburse the qualifying tuition for that person

Under existing law, the authorization for the Alabama Commission on Higher Education to pay or reimburse the qualifying tuition for an active member of the Alabama National Guard enrolled in a program leading to a degree at an accredited institution of higher education in the state does not include high school students simultaneously enrolled at institutions of higher education while attending high school

Also under existing law, federal funds that are paid directly to the student enrolled in a program leading to a degree at an accredited institution of higher education may be considered in the determination of tuition benefits provided under the Educational Trust Fund Appropriation Act

This bill would provide that a member of the Alabama National Guard is not required to reside in the state for at least two years before he or she can qualify as a resident student

This bill would provide that a person is not required to be a resident of Alabama in order for the Alabama Commission on Higher Education to pay or reimburse the qualifying tuition for that person as an active member of the Alabama National Guard

This bill would provide that the Alabama Commission on Higher Education may pay or reimburse the qualifying tuition for an active member of the Alabama National Guard enrolled in a program leading to the associate, baccalaureate, masters, or doctorate degree, including high school students simultaneously enrolled at institutions of higher education while attending high school

This bill would also provide that federal funds that are paid directly to the student may not be considered in the determination of tuition benefits provided under the Educational Trust Fund Appropriation Act

Relating to higher education and the Alabama National Guard; to amend Section 16-64-2 and Section 31-10-3, as last amended by Act 2017-349 of the 2017 Regular Session, Code of Alabama 1975, to provide that a member of the Alabama National Guard does is not required to reside in the state for at least two years before he or she can qualify as a resident student to receive state educational benefits associated with his or her service; to provide that an active member of the Alabama National Guard does is not required to be a resident of Alabama in order for the Alabama Commission on Higher Education to pay or reimburse the qualifying tuition for that person; to provide that the Alabama Commission on Higher Education may pay or reimburse the qualifying tuition for an active member of the Alabama National Guard, including high school students simultaneously enrolled at institutions of higher education while simultaneously attending high school in the state; and to provide that federal funds that are paid directly to the student may not be considered in the determination of tuition benefits provided under the Educational Trust Fund Appropriation Act.

Section 1

Section 16-64-2 and Section 31-10-3, as last amended by Act 2017-349 of the 2017 Regular Session, Code of Alabama 1975, are amended to read as follows:

§16-64-2.

(a) For purposes of admission and tuition, a public institution of higher education may consider that the term resident student includes any of the following:

(1) One who, at the time of registration, is not a minor and satisfies one of the following:

a. Is a full-time permanent employee of the institution at which the student is registering or is the spouse of such an employee.

b. Can verify full-time permanent employment within the State of Alabama or is the spouse of such an employee and will commence the employment within 90 days of registration with the institution.

c. Is employed as a graduate assistant or fellow by the institution at which the student is registering.

d. Is an accredited member of or the spouse of an accredited member of a consular staff assigned to duties in Alabama.

e. Is in a program or takes courses within an interstate consortium of colleges or universities that either offers reciprocal resident student tuition to residents of Alabama in the program or courses offered by colleges or universities not within Alabama, or is enrolled in a program or courses through an interstate consortium of colleges or universities that assesses tuition at a uniform rate for all students enrolled in that course or program.

f. Is, at the time of passage of this chapter, a student enrolled at a public college or university and who is currently classified as a resident for tuition purposes provided such student maintains continuous enrollment at that institution.

(2) One who, at the time of registration, is a minor and whose supporting person satisfies one of the following:

a. Is a full-time permanent employee of the institution at which the student is registering.

b. Can verify full-time permanent employment within the State of Alabama and will commence the employment within ays of registration with the institution.

c. Is an accredited member of a consular staff assigned to duties in Alabama.

(b) For purposes of admission and tuition, a public institution of higher education shall consider that the term resident student includes any of the following:

(1) One who, at the time of registration, is not a minor and satisfies one of the following:

a. Is a member or the spouse of a member of the United States military on full-time active duty stationed in Alabama under orders other than attending school.

b. Commencing on May 22, 2012, has been is a member of the Alabama National Guard for a period of at least two years immediately preceding the student qualifying for resident tuition and continues to be a member of the Alabama National Guard while enrolled at the public institution of higher education.

c. Is a veteran of the Armed Forces of the United States, provided that the veteran has become a resident of Alabama and satisfies at least one of the following conditions:

1. The veteran has served on active duty for a continuous period of time, not less than two years, and has received an honorable discharge as verified by a United States Department of Defense Form 214 within five years of enrolling in an Alabama public institution of higher education.

2. The veteran is currently serving in a reserve component of the Armed Forces of the United States, as verified by a memorandum from the commanding officer of the veteran student.

3. The veteran has been assigned a service-connected disability by the United States Department of Veterans Affairs.

d. Is an out-of-state veteran who resides within 90 miles of a campus located in Alabama and has enrolled at an institution whose board of trustees has voted to allow nonresident in-state tuition for active and retired military.

(2) One who, at the time of registration, is a minor and whose supporting person is a member of the United States military on full-time active duty stationed in Alabama under orders for duties other than attending school.

(3) One who, at the time of registration, is a full-time undergraduate student enrolled at an institution whose board of trustees has authorized resident tuition rates to apply to those non-resident students receiving a partial or full scholarship award in recognition of a particular talent or ability, provided such student possessed the talent or ability at the time of initial enrollment and maintains continuous scholarship eligibility at that institution.

(c) The boards of trustees of each public institution of higher education in the state shall adopt rules and guidelines necessary to implement this section. It is the intent of the Legislature that constitutionally created boards of trustees comply with the requirements of this section.

§31-10-3.

Subject to the annual appropriation in the annual Education Trust Fund Appropriation Act, provided such annual appropriations shall not exceed $10,000,000 ten million dollars ($10,000,000), the Alabama Commission on Higher Education is hereby authorized to pay or reimburse the qualifying tuition for any active member of the Alabama National Guard who is enrolled in a program leading to the associate, baccalaureate, masters, or doctorate degree in an accredited institution of higher learning, community or technical college within the State of Alabama. 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 supported by names of the students receiving such the benefits, together with the amounts claimed for each student. To be eligible for such the 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 and includes high school students who are simultaneously enrolled at a qualifying institution of higher education. 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. Federal funds that are paid directly to the student may not be considered in determining tuition benefits provided by this article. All applicants for tuition reimbursement shall complete a Free Application for Student Financial Aid (FAFSA). No person shall be eligible for tuition reimbursement 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 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 be prorated equally among the institutions on a percentage basis of the total invoices received by ACHE and paid accordingly. Such The reimbursement shall be made promptly at the end of each academic quarter or semester for all certified invoices."

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.