261.86 - NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM.
261.86 NATIONAL GUARD EDUCATIONAL ASSISTANCE
PROGRAM.
1. A national guard educational assistance program is established
to be administered by the college student aid commission for members
of the Iowa national guard who are enrolled as undergraduate students
in 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 educational assistance 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 educational assistance
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 as an undergraduate student in 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 261.9, and is maintaining
satisfactory academic progress.
e. Provides proper notice of national guard status to the
community college or institution at the time of registration for the
term in which tuition benefits are sought.
f. 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.
2. Educational assistance 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 educational assistance 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 educational assistance. However, educational
assistance paid pursuant to this section 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
educational assistance 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. An eligible member of the national guard, attending an
institution as provided in subsection 1, paragraph "d", as a
full-time student, shall not receive educational assistance under
this section for more than eight semesters, or if attending as a
part-time student for not more than sixteen semesters, of
undergraduate study, or the trimester or quarter equivalent. A
national guard member who has met the educational requirements for a
baccalaureate degree is ineligible for educational assistance under
this section.
4. The eligibility of applicants and amounts of educational
assistance 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 educational assistance provided.
5. For purposes of this section, unless otherwise required,
"educational assistance" means the same as "cost of
attendance" as defined in Title IV, part B, of the federal Higher
Education Act of 1965 as amended.
6. Notwithstanding section 8.33, until one year after the date
the president of the United States or the Congress of the United
States declares a cessation of hostilities ending operation Iraqi
freedom, funds appropriated for purposes of this section which remain
unencumbered or unobligated at the close of the fiscal year for which
the funds were appropriated shall not revert but shall be available
for expenditure for the following fiscal year for purposes of this
section. Section History: Recent Form
99 Acts, ch 205, §40; 2000 Acts, ch 1095, §15; 2003 Acts, ch 182,
§14, 22