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HB233 ENROLLED
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HB233
2J92USI-3
By Representatives Oliver, Rehm, Robertson, Paschal, Starnes
RFD: Ways and Means Education
First Read: 14-Jan-26
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First Read: 14-Jan-26
Enrolled, An Act,
Relating to the National Guard; to amend Sections
31-10-2, 31-10-3, and 31-10-4, Code of Alabama 1975; to
authorize tuition assistance for workforce development
programs through the National Guard Educational Assistance
Program; to authorize assistance payments through the program
earlier in the academic term; to authorize the State Military
Department and Alabama Commission on Higher Education to
jointly administer the program; and to repeal Section
31-10-4.1, Code of Alabama 1975, relating to qualifications
for the National Guard Educational Assistance Program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 31-10-2, 31-10-3, and 31-10-4, Code
of Alabama 1975, are amended to read as follows:
"§31-10-2
The following words used in this article have the
following meanings:
(1) ACADEMIC EXCELLENCE BENEFITS. Additional funds for
guard members who are enrolled undergraduate students who
graduated from high school with a cumulative GPA greater than
3.5 and, while enrolled in an institution of higher education
in this state, have maintained a 3.0 collegiate cumulative
GPA. These funds may be used for tuition, fees, or ancillary
costs.
(2)(1) ACTIVE MEMBER. A member of a federally
recognized unit of the Alabama National Guard meeting the
minimum requirements for satisfactory membership as defined in
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minimum requirements for satisfactory membership as defined in
the Department of the Army and Department of the Air Force
regulations.
(3)(2) ALABAMA NATIONAL GUARD. Federally recognized
units of the Alabama National Guard.
(4)(3) ANCILLARY COSTS. Expenses incurred outside of
tuition related to educational costs, including textbooks,
additional course fees, differential tuition, or other course
related course-related or training program costs.
(4) EDUCATIONAL EXPENSES. The per term cost of required
on-campus living expenses, such as the cost of living in a
residence hall or dormitory, and per term cost of required
on-campus meal plans.
(5) DIFFERENTIAL TUITION. The amount, in addition to
regular tuition, which is charged to students to support
services and programming at institutions of higher education.
(6) INSTITUTION OF HIGHER EDUCATION. A public or
private two-year or four-year college or university, community
college, or junior college located within the state.
(5)(7) QUALIFYING ACADEMIC PATHWAY. A postsecondary
program at an institution of higher education in the state
that is one of the following:
a. A program that has been identified as a Pell Grant
eligible program for which the student earns credits required
for a postsecondary degree at the undergraduate level.
b. A graduate program that is the individual's first
degree sought at that level.
c. A workforce development program.
(6)(8) TUITION. The per term cost of instruction and
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(6)(8) TUITION. The per term cost of instruction and
mandatory instructional fees to the public or private
postsecondary student not to exceed the median cost of tuition
per term, such as quarter or semester, of all public four-year
institutions of higher education in this state as reported to
the Alabama Commission on Higher Education by state-supported
institutions of higher education and appearing on the tuition
plus required fees report of the commission, for classes or
courses that count towards toward the individual's degree or
certificate plan as designed and approved by the college or
institution attended for the individual's declared program of
study. Differential tuition is not included .
(9) WORKFORCE DEVELOPMENT PROGRAM. A professional or
workforce development program that includes accredited and
nonaccredited certification or stand-alone training that leads
to an industry-recognized credential and is approved pursuant
to Section 31-10-3(c). "
"§31-10-3
(a) Subject to the annual appropriation to the Alabama
National Guard Educational Assistance Program in the annual
Education Trust Fund Appropriation Act, provided the annual
appropriations shall not exceed ten million dollars
($10,000,000), the Alabama Commission on Higher Education may
pay or reimburse the qualifying tuition for any active member
of the Alabama National Guard who is one of the following:
(1) A student dually or concurrently enrolled in high
school and an institution of higher education.
(2) A postsecondary student who is enrolled in an
institution of higher education.
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institution of higher education.
(3) A postsecondary student who is dually or
concurrently enrolled in more than one institution of higher
education and is enrolled in a program leading to a qualifying
academic pathway, including a short certificate or long
certificate, or workforce development program, associate
degree , baccalaureate bachelor's degree , masters master's
degree , or doctorate degree in an accredited institution of
higher learning, including a community or technical college or
an approved nonaccredited course or certificate program within
this state.
(b) The annual appropriation to the National Guard
Educational Assistance Program shall not exceed ten million
dollars ($10,000,000).
(c)(1) The Adjutant General and the Executive Director
of the Alabama Commission on Higher Education shall mutually
determine to which workforce development programs tuition
assistance may be applied. Any entity program seeking to be a
workforce development program shall be registered as a vendor
with this state.
(2) The Adjutant General and the Executive Director of
the Alabama Commission on Higher Education shall mutually
determine how assistance may be applied to each workforce
development program.
(b)(d)(1) The payments or reimbursements assistance
shall be : (i) made timely at the end within 90 days after the
beginning of the academic period of each academic quarter or
semester for all tuition reimbursements assistance payments
depending on the availability of funding , and shall be ; (ii)
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depending on the availability of funding , and shall be ; (ii)
made on the basis of certified invoices institutional roster or
other documentation approved by the Alabama Commission on
Higher Education verifying enrollment, eligibility, and
allowable charges for each participating member submitted by
the institution to the Alabama Commission on Higher
Education ,; and shall be (iii) supported by names of the
students receiving the benefits assistance , together with the
amounts claimed for each student. The tuition
reimbursement assistance authorized under this article may be
used for undergraduate or graduate studies.
(2) In no event shall payments of the toward tuition and
fees, reimbursement ancillary costs, or educational expenses
under the Alabama National Guard Educational Assistance
Program amount to more than 100 percent of qualified tuition
and fees the median cost of tuition per term of all public
four-year institutions of higher education in this state as
reported to the Alabama Commission on Higher Education . An
undergraduate student that qualifies for the Academic
Excellence Benefit shall receive an amount equivalent to 100
percent of qualified tuition and fees. Undergraduate students
with this benefit may use these funds for tuition and fee
reimbursement or ancillary costs.
(3) No guardactive member shall be eligible for tuition
reimbursement or academic excellence benefits and fees,
educational expenses, or ancillary cost assistance for more
than 12 years after the date of the first tuition payment to
him or her the active member under this article.
(4) In the event that If requests for tuition
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(4) In the event that If requests for tuition
reimbursements assistance provided for in this article from the
institutions for educational benefits in any fiscal year
exceed the appropriated amount, then the
reimbursements payments shall be prorated equally among the
institutions on a percentage basis of the total
invoices certified institutional rosters received by the
Alabama Commission on Higher Education and paid accordingly.
The reimbursement assistance payments shall be made promptly at
the end of each academic quarter or semester upon receipt for
all certified invoices institutional rosters or other
documentation approved by the Alabama Commission on Higher
Education .
(e)(1) The assistance under this article shall be
claimed for no more than a total of 120 academic hours or
until receipt of the first bachelor's degree, whichever occurs
first. The 120 academic hours shall not include more than 72
academic hours earned at a community college.
(2) An active member who has already obtained a
bachelor's degree is not eligible to receive assistance from
this program leading to a second bachelor's degree.
(3) If the benefits were not used by an active member
for a bachelor's degree, the program benefits for graduate
students under this article shall be claimed for no more than
a total of 60 academic hours or until the receipt of the first
graduate degree.
(4) An active member who has already obtained a
graduate degree is not eligible to receive assistance from
this program leading to a second graduate degree.
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this program leading to a second graduate degree.
(f) To the extent permitted by law, the assistance
provided for under this article shall be applied in a
last-dollar manner to maximize all of the active member's
educational benefits to include educational expenses and
ancillary costs.
(g) No public institution of higher education in the
state may impose a nonresident tuition rate or differential
out-of-state resident fee on an active member in good standing
who meets the requirements of Section 31-10-4. "
"§31-10-4
(a) In order to be eligible to receive tuition
reimbursement assistance under this article, the member student
must meet the following minimum requirements :
(1) Be an active member of the Alabama National Guard
and must have completed basic training .;
(2) Be 17 years of age or older;
(2)(3) The member must be Be a member in good standing
with the Alabama National Guard as prescribed by regulations
promulgated by the Department of the Army , and the Department
of the Air Force, and by rules adopted by the Military
Department of the State of Alabama, at the time of application
and during the entire before the beginning of the course,
training, semester , or quarter for which benefits are
received .;
(4) Comply with the standards of Satisfactory Academic
Progress as required for Title IV benefits under the Higher
Education Act and as defined by that educational institution,
and maintain a 2.0 grade point average or the letter grade
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and maintain a 2.0 grade point average or the letter grade
equivalent. Students who are no longer eligible to receive
Title IV benefits due to a failure to meet Satisfactory
Academic Progress standards shall no longer be eligible to
receive benefits under this section until the student
sufficiently improves to meet the required standards;
(5) Complete a Free Application for Federal Student
Aid. This requirement is not applicable for any high school
students dually or concurrently enrolled in high school and an
institution of higher education; and
(6) Sign a promissory note or similar document with
provisions for the collection and repayment of assistance in
the event that the member is disqualified or otherwise becomes
ineligible to continue to receive benefits pursuant to this
article.
(3)(b) In the event the individual's service in the
Alabama National Guard is terminated or his or her service
becomes unsatisfactory while receiving assistance or for four
years after receiving the benefits assistance afforded by this
program, the benefits will assistance shall be terminated and
repaid by the individual on a pro rata basis. After
termination for the above causes , or after an individual will
be ineligible for any further benefits under this article. If
for any reason an individual is dismissed from any school for
academic or disciplinary reasons, he isthe individual shall be
ineligible for further benefits assistance from this program.
TheWith consultation of the Alabama National Guard Education
Services Officer and the Adjutant General of the State of
Alabama, the Alabama Commission on Higher Education shall be
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Alabama, the Alabama Commission on Higher Education shall be
the final authority for making such determinations.
(c) Any member who is disqualified from serving in the
Alabama National Guard due solely to medical reasons with a
Veterans Administration disability rating of 40 percent or
greater shall be exempt from repaying any assistance received
under this section.
(4)(d) The Alabama Commission on Higher Education of
the State of Alabama in collaboration with the State Military
Department shall adopt rules be responsible for the
promulgation of rules and regulations for the administration
and implementation of to administer, advise, and implement this
article . The Adjutant General shall be the final authority in
determining including rules and regulations providing for the
selection of persons individuals to receive benefits assistance
under this article. The Alabama Commission on Higher Education
of the State of Alabama shall be the final authority in
determining eligible applicants expenses to which assistance
may be applied .
(5) The Adjutant General of the State of Alabama shall
serve as an advisor to the Alabama Commission on Higher
Education for the purpose of determining the eligibility of
members of the Alabama National Guard to receive benefits
under this article.
(e) Any member receiving academic excellence assistance
prior to August 1, 2026, shall continue to receive the same
amount of assistance until he or she completes the course or
workforce development program.
(f)(1) At the end of any fiscal year, any unexpended or
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(f)(1) At the end of any fiscal year, any unexpended or
unencumbered monies contributed to or deposited in the fund
from any source, except appropriations from other state funds,
shall remain in the fund.
(2) The Alabama Commission on Higher Education may
adopt rules to use monies retained in the fund pursuant to
subdivision (1) to disburse assistance earlier in the academic
term than required under Section 31-10-3(d). "
Section 2. Section 31-10-4.1, Code of Alabama 1975,
providing qualifications for tuition reimbursement under the
National Guard Educational Assistance Program, is repealed.
Section 3. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 10-Mar-26.
John Treadwell
Clerk
Senate 09-Apr-26 Passed
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