(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, is 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 the person remains a member of the Colorado National Guard, but the 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 is 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, a member:
Must meet the criteria for eligibility, as established by rules and regulations promulgated pursuant to subsection (7) of this section;
Must not be drawing tuition from any other tuition assistance program funded by aprivate employer that, when combined with the assistance in this section, would exceed one hundred percent of the tuition costs;
Must not be a recipient of a full scholarship for tuition and fees to any designatedinstitution of higher education; and
Must serve in the Colorado National Guard during the period of time that the member is receiving tuition and fee assistance.
In providing the tuition assistance to members pursuant to subsection (2)(a) of thissection, 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.
For purposes of this section, "member" means an enlisted member or officer of theNational Guard.
(3) (a) For purposes of this section, "designated institution of higher education" means the Colorado state university - Pueblo, Adams state university, Colorado Mesa university, Metropolitan state university of Denver, Fort Lewis college, Western Colorado university, all independent area technical colleges, 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, Colorado state university - global campus, 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 23 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 is limited to the completion of the accredited certificate or degree program in homeland security and is provided at the discretion of the adjutant general of the department of military and veterans affairs.
(b) The department of military and veterans affairs shall establish the basis for the tuition assistance at the university of Colorado health sciences center.
Repealed.
For each individual member of the Colorado National Guard who is a continuingstudent 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 the designated institution of higher education, as determined by military regulations promulgated pursuant to subsection (7) of this section, for each semester or quarter for which tuition assistance is requested. Tuition assistance shall not be granted without such certification.
Any member who leaves the Colorado National Guard in violation of the member'sagreement under subsection (2) of this section during an academic term for which the member is receiving tuition assistance is 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. The repayment of tuition assistance shall be credited to the Colorado National Guard tuition fund created in subsection (9) of this section.
The department of military and veterans affairs shall promulgate military regulationsfor 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 tuition assistance. In establishing this criteria, the department of military and veterans affairs shall include, but not be limited to, consideration of the following:
The member's past service and record, if any, in the National Guard;
An evaluation of the member's commitment to future service in the National Guard;
The member's military record, if any, including the member's achievements andwhether the member has been honorably discharged;
The benefit to the National Guard by having such an individual as a member;
Financial need, merit, or talent;
Procedures to be followed by designated institutions of higher education in reportingthe member's academic standing and in providing timely billing to the department of military and veterans affairs;
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.
Repealed.
(a) There is created in the state treasury the Colorado National Guard tuition fund which is administered by the department of military and veterans affairs and which consists of all money that may be appropriated thereto by the general assembly or that is otherwise made available to it by the general assembly. Money "otherwise made available" includes any repayment of tuition assistance made pursuant to subsection (6) of this section. The money in the fund is continuously appropriated for the payment of tuition assistance as provided in this section. Any money not expended at the end of the fiscal year remains 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 must be made during the department of military and veterans affairs postaudit pursuant to section 2-3-103.
Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 784, § 1, effective August 8. L. 2019: (3)(a) amended, (SB 19-194), ch. 219, p. 2243, § 1, effective May 20; (3)(a) amended, (HB 19-1178), ch. 400, 3547, § 17, effective July 1.
Editor's note: (1) This section is similar to former § 23-5-111.4 as it existed prior to 2018.
(2) Amendments to subsection (3)(a) by SB 19-194 and HB 19-1178 were harmonized.