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

 

††††† RELATES TO: KRS 164.516, 164.5161, 164.5165, 164.5169

††††† STATUTORY AUTHORITY: KRS 164.516, 164.5161, 164.5165, 164.5169

††††† NECESSITY, FUNCTION, AND CONFORMITY: 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) "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 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 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 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 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 he is a simultaneous membership participant, a member who has not completed basic training shall not be eligible for the program.

 

††††† 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 he received a tuition award has determined that he has been:

††††† 1. Placed on academic suspension; or

††††† 2. Expelled for a violation of the educational institution's policies or regulations; or

††††† (b) 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 his reenrollment; and

††††† (b) The 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;

††††† (c) Assign a control number to each application;

††††† (d) Mail a written notification to the applicant stating:

††††† 1. That 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 I.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;

††††† (l) 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. 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 participantís 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 USC 1606 (Montgomery G.I. Bill, Reserve Components);

††††† 2. Pursuant to 38 USC 30 (New G.I. Bill, Active Duty);

††††† 3. Pursuant to 38 USC 32 (G.I. Bill, Vietnam Era);

††††† 4. Pursuant to 20 USC 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 607-1307.

††††† (c) Total number of pages incorporated by reference: three (3). (23 Ky.R. 2896; eff. 3-6-97.)