HSB 556 (LSB 5455XD (4) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC DEFENSE BILL)

A BILL FOR

An Act  modifying provisions related to the national guard service scholarship program and establishing the national guard service continuing education scholarship program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
NATIONAL GUARD SERVICE SCHOLARSHIP PROGRAM

    Section 1.  Section 256.210, subsection 2, Code 2024, is amended to read as follows:
   2.  a.  Scholarship Subject to paragraph “b”, scholarship awards paid pursuant to this section shall not exceed the resident tuition rate established for institutions of higher learning under the control of the state board of regents. If the amount appropriated in a fiscal year for purposes of this section is insufficient to provide scholarships to all national guard members who apply for the program and who are determined by the adjutant general to be eligible for the program, the adjutant general shall, in coordination with the commission, determine the distribution of scholarships. However, scholarship awards paid pursuant to this section and shall not be less than fifty percent of the resident tuition rate established for institutions of higher learning under the control of the state board of regents or fifty percent of the tuition rate at the institution attended by the national guard member, whichever is lower. Neither eligibility nor scholarship award determinations shall be based upon a national guard member’s unit, the location at which drills are attended, or whether the eligible individual is a member of the Iowa army or air national guard.
   b.  Notwithstanding paragraph “a”, scholarship awards paid pursuant to this section shall not exceed the difference between the tuition rate at the institution attended by the national guard member less any financial aid the national guard member receives under 10 U.S.C. §2007.
   c.  If the amount appropriated in a fiscal year for purposes of this section is insufficient to provide scholarships to all national guard members who apply for the program and who are determined by the adjutant general to be eligible for the program, the adjutant general shall, in coordination with the commission, determine the distribution of scholarships.
   d.  Neither eligibility nor scholarship award determinations shall be based upon a national guard member’s unit, the location at which drills are attended, or whether the eligible individual is a member of the Iowa army or air national guard.
DIVISION II
NATIONAL GUARD SERVICE CONTINUING EDUCATION SUPPORT PROGRAM

    Sec. 2.  NEW SECTION.  256.210A  National guard service continuing education scholarship program.
   1.  A national guard service continuing education scholarship program is established to be administered by the college student aid commission for members of the Iowa national guard who are participating in an educational program leading to a credential that is approved by the adjutant general and offered by a community college, an institution of higher learning under the state board of regents, or an accredited private institution. The college student aid commission shall adopt rules pursuant to chapter 17A to administer this section. An individual is eligible for the national guard service continuing education scholarship program if the individual meets all of the following conditions:
   a.  Is a resident of the state and a member of an Iowa army or air national guard unit while receiving scholarship award payments issued pursuant to this section.
   b.  Satisfactorily completed required initial active duty training.
   c.  Maintains satisfactory performance of duty upon return from initial active duty training, including attending a minimum ninety percent of scheduled drill dates and attending annual training.
   d.  Is enrolled in an educational program that has been approved by the adjutant general and is offered by a community college as defined in section 260C.2, an institution of higher learning under the control of the board of regents, or an accredited private institution as defined in section 256.183.
   e.  Is maintaining satisfactory academic progress toward a credential.
   f.  Provides proper notice of national guard status to the community college or institution at the time of registration for the term in which program benefits are sought.
   g.  Completes and submits application forms required by the commission, including the free application for federal student aid, and applies for all nonrepayable state and federal financial aid for which the member is eligible.
   h.  Submits an application to the adjutant general of Iowa, on forms prescribed by the adjutant general, who shall determine eligibility and whose decision is final. Notwithstanding any deadline established for the administration of this paragraph, the adjutant general shall accept an application submitted pursuant to this paragraph from an otherwise eligible member of the national guard who was on federal active duty at the time of such deadline.
   2.  Scholarship awards paid pursuant to this section shall not exceed the total cost charged by the institution attended by the national guard member for the educational program leading to a credential. If the amount appropriated in a fiscal year for purposes of this section is insufficient to provide scholarships to all national guard members who apply for the program and who are determined by the adjutant general to be eligible for the program, the adjutant general shall, in coordination with the college student aid commission, determine the distribution of scholarships. Neither eligibility nor scholarship award determinations shall be based upon a national guard member’s unit, the location at which drills are attended, or whether the eligible individual is a member of the Iowa army or air national guard.
   3.  The eligibility of applicants and scholarship award amounts to be paid shall be certified by the adjutant general of Iowa to the college student aid commission, and all amounts that are or become due to a community college, accredited private institution, or institution of higher learning under the control of the state board of regents under this section shall be paid to the college or institution by the college student aid commission upon receipt of certification by the president or governing board of the educational institution as to accuracy of charges made, and as to the attendance and academic progress of the individual at the educational institution. The college student aid commission shall maintain an annual record of the number of participants and the dollar value of the awards issued.
   4.  The adjutant general shall publish and maintain a list of approved educational programs that are eligible for purposes of this section.
   5.  Notwithstanding section 8.33, moneys appropriated for purposes of this section which remain unencumbered or unobligated at the close of the fiscal year for which the moneys were appropriated shall not revert but shall be available for expenditure for the purposes designated upon the authority of the adjutant general.
   6.  For purposes of this section, “credential” means a postsecondary certificate or other competency-based credential. “Credential” does not include an associate degree or any degree beyond an associate degree.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill modifies provisions related to the national guard service scholarship program and establishes the national guard service continuing education scholarship program.
   DIVISION I —— NATIONAL GUARD SERVICE SCHOLARSHIP PROGRAM.  The national guard service scholarship program, administered by the college student aid commission, provides annual awards to Iowa national guard members who attend eligible Iowa colleges and universities. Current law provides that scholarship awards under the program shall not exceed the resident tuition rate established for institutions of higher learning under the control of the state board of regents. The bill provides that the amount of the scholarship awards also shall not exceed the difference between the tuition rate at the institution attended by the national guard member less any financial aid the national guard member receives under certain specified federal programs.
   DIVISION II —— NATIONAL GUARD SERVICE CONTINUING EDUCATION SUPPORT PROGRAM. The bill establishes the national guard service continuing education scholarship program within the college student aid commission. The program provides scholarships to members of the Iowa national guard who are participating in an educational program leading to a credential that is approved by the adjutant general and offered by a community college, an institution of higher learning under the state board of regents, or an accredited private institution. The bill requires the adjutant general to publish and maintain a list of approved educational programs. The bill defines “credential” to mean a postsecondary certificate or other competency-based credential, but does not include an associate degree or any degree beyond an associate degree. The bill establishes eligibility criteria for the program.
   The bill provides that scholarship awards paid pursuant to the program shall not exceed the total cost charged by the institution attended by the national guard member for the educational program. The bill also provides that neither eligibility nor scholarship award determinations shall be based upon a national guard member’s unit, the location at which drills are attended, or whether the eligible individual is a member of the Iowa army or air national guard.
   The bill provides that the eligibility of applicants and scholarship award amounts to be paid shall be certified by the adjutant general of Iowa to the college student aid commission, and all amounts that are or become due to a community college, accredited private institution, or institution of higher learning under the control of the state board of regents under the program shall be paid to the college or institution by the college student aid commission upon receipt of certification by the president or governing board of the educational institution as to accuracy of charges made, and as to the attendance and academic progress of the individual at the educational institution.
   The bill establishes that moneys appropriated for purposes of the program which remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall be available for expenditure for the purposes designated upon the authority of the adjutant general.