23-5-111.4. Tuition for members of the National Guard.

(1) The general assembly recognizes its responsibility for the establishment and maintenance of a strong well-trained and high-spirited National Guard. The encouragement of membership in the guard through the granting of reduced or free tuition at certain institutions of postsecondary education simultaneously expresses a commitment to a part of this responsibility and supports existing institutions, carrying out a policy of maintaining reasonable access to quality education as broadly in this state as possible. The general assembly hereby finds and declares that the establishment of a tuition assistance program will encourage enlistments, enhance the knowledge and skills of the National Guard, and retain membership in the National Guard.

(2) (a) Any person who is a member of the Colorado National Guard, upon being accepted for enrollment at any designated institution of higher education, shall be permitted to pursue studies leading toward a bachelor's degree, a postgraduate degree, an associate degree, or a certificate of completion with at least fifty percent but not more than one hundred percent of the cost of tuition paid by the department of military and veterans affairs, subject to available appropriations, for so long as such person remains a member of the Colorado National Guard, but such tuition payments shall not be made for more than one hundred thirty-two semester hours or one hundred ninety-eight quarter hours or for more than eight years.

(a.5) A member shall be eligible for tuition assistance pursuant to this section to the extent that the sum of the member's tuition assistance from all sources, including the federal government, does not exceed one hundred percent of the cost of tuition.

(b) In order to qualify for the tuition assistance authorized by this section, such member:

(I) Must meet the criteria for eligibility, as established by rules and regulations pursuant to subsection (7) of this section;

(II) May not be drawing tuition from any other tuition assistance program funded by a private employer that, when combined with the assistance in this section, would exceed one hundred percent of the tuition costs;

(III) May not be a recipient of a full scholarship for tuition and fees to any designated institution of higher education; and

(IV) Must serve in the Colorado National Guard during the period of time that the member is receiving tuition and fee assistance.

(c) In providing the tuition assistance to members pursuant to paragraph (a) of this subsection (2), the department of military and veterans affairs is encouraged to consider providing assistance on a priority basis to newly-enlisted members in their first term of service and who enlist in those military specialties that are experiencing shortages as determined by the department.

(d) For the purposes of this section, "member" means an enlisted member or officer of the National Guard.

(3) (a) For the purposes of this section, "designated institution of higher education" means the Colorado state university - Pueblo, Adams state college, Mesa state college, Metropolitan state college of Denver, Fort Lewis college, Western state college of Colorado, all independent area vocational schools, all local district colleges, the university of northern Colorado, the university of Colorado at Boulder, the university of Colorado at Denver, the university of Colorado at Colorado Springs, Colorado state university, the Colorado school of mines, the university of Colorado health sciences center, all community colleges governed by the state board for community colleges and occupational education, and any private institution of higher education in Colorado that qualifies for the college opportunity fund pursuant to article 18 of this title and that offers an accredited certificate or degree program in homeland security. For a member of the Colorado National Guard enrolled in a private institution of higher education, tuition assistance shall be limited to the completion of the accredited certificate or degree program in homeland security and shall be provided at the discretion of the adjutant general of the department of military and veterans affairs. The tuition benefit to members of the Colorado National Guard under this subsection (3) for an accredited certificate or degree program in homeland security shall not exceed the moneys appropriated annually to the Colorado National Guard pursuant to section 23-3.3-202.

(b) The department of military and veterans affairs shall establish the basis for the tuition assistance at the university of Colorado health sciences center.

(4) Repealed.

(5) For each individual member of the Colorado National Guard who is a continuing student and who is receiving tuition assistance as provided in this section, the department of military and veterans affairs shall obtain certification from the designated institution of higher education prior to the payment to the institution attesting to the member's current satisfactory academic standing at such designated institution of higher education, as determined by military regulations established pursuant to subsection (7) of this section, for each semester or quarter for which tuition assistance is requested. No tuition assistance shall be granted without such certification.

(6) Any member who leaves the Colorado National Guard in violation of the member's agreement under subsection (2) of this section during an academic term for which the member is receiving tuition assistance shall be required to repay to the department of military and veterans affairs the amount of tuition assistance granted for that academic term and any and all collection fees incurred by the department of military and veterans affairs. Any such repayment of tuition assistance shall be credited to the Colorado National Guard tuition fund created in subsection (9) of this section.

(7) The department of military and veterans affairs shall promulgate military regulations for the administration of tuition assistance as provided in this section, including, but not limited to, the following:

(a) Criteria for the eligibility of a member of the National Guard for such tuition assistance. In establishing this criteria, the department of military and veterans affairs shall include, but not be limited to, consideration of the following:

(I) The member's past service and record, if any, in the National Guard;

(II) An evaluation of the member's commitment to future service in the National Guard;

(III) The member's military record, if any, including the member's achievements and whether the member has been honorably discharged;

(IV) The benefit to the National Guard by having such an individual as a member;

(V) Financial need, merit, or talent;

(b) Procedures to be followed by designated institutions of higher education in reporting the member's academic standing and in providing timely billing to the department of military and veterans affairs;

(c) A definition of satisfactory academic standing, including, but not limited to, consideration of the member's cumulative grade point average, credit hours completed, and progress toward a degree.

(8) Repealed.

(9) (a) There is hereby created in the state treasury the Colorado National Guard tuition fund which shall be administered by the department of military and veterans affairs and which shall consist of all moneys which may be appropriated thereto by the general assembly or which may be otherwise made available to it by the general assembly. Moneys "otherwise made available" shall include any repayment of tuition assistance made pursuant to subsection (6) of this section and any moneys appropriated by the general assembly for purposes of this section in accordance with section 23-3.3-202. The moneys in the fund are hereby continuously appropriated for the payment of tuition assistance as provided in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund of the state.

(b) An audit of the Colorado National Guard tuition fund shall be made during the department of military and veterans affairs postaudit pursuant to section 2-3-103, C.R.S.

Source: L. 79: Entire section added, p. 831, § 1, effective July 1. L. 85: (2) and (3) amended, p. 778, § 1, effective May 10. L. 88: (3) amended, p. 858, § 7, effective July 1. L. 90: (3) amended, pp. 1154, 1142, §§ 4, 7, effective July 1. L. 91: (2) to (5) amended and (6) to (9) added, p. 546, § 1, effective May 18. L. 96: (1) to (3) amended, p. 367, § 1, effective April 17; (3) amended, p. 11, § 1, effective August 7; (8) repealed, p. 1238, § 86, effective August 7. L. 99: (2)(a), (2)(b)(II), (2)(b)(IV), (2)(c), (3), (6), IP(7), and (7)(b) amended, p. 1138, § 1, effective August 4. L. 2002: (2)(a), (2)(c), (4), (5), (6), IP(7), IP(7)(a), (7)(b), and (9) amended, p. 356, § 9, effective July 1; (3) amended, p. 708, § 7, effective July 1, 2003. L. 2004: (2)(a.5) added and (9)(a) amended, pp. 1156, 1155, §§ 3, 2, effective July 1. L. 2005: (2)(a.5), (2)(b)(IV), (2)(d), (3), (5), (6), and IP(7) amended, p. 257, § 1, effective July 1. L. 2007: (4) repealed, p. 1622, § 4, effective July 1. L. 2008: (3)(a) amended, p. 371, § 1, effective April 10.

Editor's note: Amendments to subsection (3) in Senate Bill 96-023 and House Bill 96-1035 were harmonized.

Cross references: For the legislative declaration contained in the 1996 act repealing subsection (8), see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsections (2)(a), (2)(c), (4), (5), (6), IP(7), IP(7)(a), (7)(b) and (9), see section 1 of chapter 121, Session Laws of Colorado 2002.

C.J.S. See 14A C.J.S., Colleges and Universities, § 32.