H.F. 535 Section 1. Section 261.86, subsection 2, Code 2017, is 1 amended to read as follows: 2 2. Educational Except as provided in subsection 3A, 3 assistance paid pursuant to this section shall not exceed the 4 resident tuition rate established for institutions of higher 5 learning under the control of the state board of regents. If 6 the amount appropriated in a fiscal year for purposes of this 7 section is insufficient to provide educational assistance to 8 all national guard members who apply for the program and who 9 are determined by the adjutant general to be eligible for the 10 program, the adjutant general shall, in coordination with 11 the commission, determine the distribution of educational 12 assistance. However, educational assistance paid pursuant to 13 this section subsection shall not be less than fifty percent 14 of the resident tuition rate established for institutions 15 of higher learning under the control of the state board of 16 regents or fifty percent of the tuition rate at the institution 17 attended by the national guard member, whichever is lower. 18 Neither eligibility nor educational assistance determinations 19 shall be based upon a national guard member’s unit, the 20 location at which drills are attended, or whether the eligible 21 individual is a member of the Iowa army or air national guard. 22 Sec. 2. Section 261.86, Code 2017, is amended by adding the 23 following new subsections: 24 NEW SUBSECTION . 3A. a. The adjutant general of Iowa, in 25 determining the eligibility of a national guard member under 26 subsection 1, paragraph “f” , may waive the limitations of 27 subsection 1 that require enrollment in an Iowa postsecondary 28 institution, and the limitations of subsection 3, paragraph 29 “a” , relating to semester hours or the equivalent, and 30 for national guard members who have met the educational 31 requirements for a baccalaureate degree, if the postsecondary 32 institution in which the national guard member is enrolled is 33 accredited by the higher learning commission and the degree 34 program in which the national guard member is enrolled is 35 -1- LSB 2079HV (2) 87 kh/nh 1/ 4

H.F. 535 included on the current critical manning list issued by the 1 national guard. 2 b. Educational assistance paid pursuant to this subsection 3 shall not exceed the resident tuition rate for graduate or 4 postgraduate studies established for institutions of higher 5 learning governed by the state board of regents for the 6 graduate or professional program of enrollment or the resident 7 tuition rate for the graduate or professional program at the 8 institution in which the national guard member is enrolled, 9 whichever amount is lower. 10 c. Educational assistance paid under this subsection shall 11 be subject to recoupment if, following the last payment of 12 educational assistance received by the national guard member 13 under this subsection, the national guard member fails to 14 complete at least six years in military service as defined in 15 section 29A.90. 16 NEW SUBSECTION . 3B. If the amount appropriated in a fiscal 17 year for purposes of this section is insufficient to provide 18 educational assistance to all national guard members who apply 19 for the program and who are determined by the adjutant general 20 to be eligible for the program, the adjutant general shall, in 21 coordination with the commission, determine the distribution 22 of educational assistance. Neither eligibility determinations 23 nor educational assistance determinations shall be based upon a 24 national guard member’s unit, the location at which drills are 25 attended, or whether the eligible individual is a member of the 26 Iowa army or air national guard. 27 Sec. 3. Section 261.86, subsection 4, Code 2017, is amended 28 to read as follows: 29 4. The eligibility of applicants and amounts of educational 30 assistance to be paid shall be certified by the adjutant 31 general of Iowa to the college student aid commission, and 32 all amounts that are or become due to a community college, 33 accredited private institution, or institution of higher 34 learning under the control of the state board of regents under 35 -2- LSB 2079HV (2) 87 kh/nh 2/ 4

H.F. 535 this section , or to a postsecondary institution as provided 1 under a waiver issued pursuant to subsection 3A, shall be 2 paid to the college or institution by the college student aid 3 commission upon receipt of certification by the president or 4 governing board of the educational institution as to accuracy 5 of charges made, and as to the attendance and academic progress 6 of the individual at the educational institution. The college 7 student aid commission shall maintain an annual record of the 8 number of participants and the dollar value of the educational 9 assistance provided. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill authorizes the adjutant general of Iowa to waive 14 certain requirements and limitations of the national guard 15 educational assistance program. 16 Currently, to be determined eligible for the program, 17 a national guard member must submit an application to the 18 adjutant general of Iowa, and be enrolled as an undergraduate 19 student in a community college, a regents university, or an 20 accredited private institution. An eligible member of the 21 national guard shall not receive educational assistance for 22 more than 120 semester, or the equivalent, credit hours of 23 undergraduate study, and a national guard member who has met 24 the educational requirements for a baccalaureate degree is 25 ineligible for educational assistance. The adjutant general’s 26 decision on eligibility is final. 27 The bill authorizes the adjutant general, in determining the 28 eligibility of a national guard member, to waive the provision 29 requiring enrollment in an Iowa postsecondary institution and 30 the limitations relating to semester hours or the equivalent 31 and for national guard members who have met the educational 32 requirements for a baccalaureate degree if the postsecondary 33 institution in which the national guard member is enrolled is 34 accredited by the higher learning commission and the degree 35 -3- LSB 2079HV (2) 87 kh/nh 3/ 4

H.F. 535 program in which the national guard member is enrolled is 1 included on the current critical manning list issued by the 2 national guard or a branch of the armed forces of the United 3 States. 4 Educational assistance for graduate or postgraduate studies 5 shall not exceed the resident tuition rate established for 6 regents universities for the graduate or professional program 7 of enrollment or the resident tuition rate for the graduate or 8 professional program at the institution in which the national 9 guard member is enrolled, whichever amount is lower. Such 10 educational assistance is subject to recoupment if, following 11 the last payment, the national guard member fails to complete 12 at least six years in military service. 13 The bill makes corresponding changes to direct the 14 college student aid commission to pay the amounts due to a 15 postsecondary institution other than a community college, 16 accredited postsecondary institution in Iowa, or a regents 17 university if the adjutant general issues a waiver authorizing 18 a national guard member to enroll in such a postsecondary 19 institution. The bill reorders but retains language relating 20 to the adjutant general’s authority to determine distribution 21 and eligibility. 22 -4- LSB 2079HV (2) 87 kh/nh 4/ 4