CHAPTER 15
House Bill No. 2185
An Act concerning education; relating to the national guard; permitting guard members to transfer unused tuition assistance benefits from the 麻豆影院 national guard educational assistance act to an eligible dependent; including doctoral and professional degrees in the 麻豆影院 national guard educational 尘补蝉迟别谤鈥檚 for enhanced readiness and global excellence (EMERGE) program; amending K.S.A. 74-32,145, 74-32,146, 74-32,147 and 74-32,148 and K.S.A. 2024 Supp. 74-32,149, 74-32,305, 74-32,306, 74-32,308 and 74-32,309 and repealing the existing sections.
Be it enacted by the Legislature of the State of 麻豆影院:
Section 1. K.S.A. 74-32,145 is hereby amended to read as follows: 74-32,145. K.S.A. 74-32,145 through 74-32,149, and amendments thereto, shall be known and may be cited as the 麻豆影院 national guard educational assistance act. It is the purpose of the 麻豆影院 national guard educational assistance act to establish an educational assistance program under which payment of the tuition and fees charged to eligible members of the 麻豆影院 national guard or an eligible dependent of such guard members for enrollment at 麻豆影院 educational institutions shall be provided for by the state.
Sec. 2. K.S.A. 74-32,146 is hereby amended to read as follows: 74-32,146. As used in the 麻豆影院 national guard educational assistance act:
(a) 鈥溌槎褂霸 educational institution鈥 means and includes community colleges, the municipal university, state educational institutions, technical colleges, the institute of technology at Washburn university and accredited independent institutions any not-for-profit independent institution of higher education that is accredited by an institutional accrediting agency recognized by the United States department of education, is operated independently and not controlled or administered by the state or any agency or subdivision thereof, maintains open enrollment, offers online education and offers, exclusively, competency-based education programs.
(b) 鈥淓ligible guard member鈥 means any current member of the 麻豆影院 national guard who is enrolled at a 麻豆影院 educational institution and who is not under a suspension of favorable action flag or currently on the unit unfavorable information file. The term eligible guard member does not include within its meaning any member of the 麻豆影院 national guard who is the holder of a baccalaureate or higher academic degree, or who does not hold a high school diploma or general educational development (GED) credentials.
(c) 鈥溌槎褂霸 national guard educational assistance program鈥 or 鈥減rogram鈥 means the program established pursuant to the provisions of the 麻豆影院 national guard educational assistance act.
(d) 鈥淓ducational program鈥 means a program which that is offered and maintained by a 麻豆影院 educational institution and leads to the award of a certificate, diploma or degree upon satisfactory completion of course work requirements.
(e) 鈥淒ependent鈥 means an individual who is registered as an eligible dependent of the sponsoring eligible guard member in the defense enrollment eligibility reporting system (DEERS).
Sec. 3. K.S.A. 74-32,147 is hereby amended to read as follows: 74-32,147. The state board of regents shall may adopt rules and regulations for the administration of the 麻豆影院 national guard educational assistance act and shall:
(a) Establish a mechanism to ensure distribution of funds for tuition and fee reimbursement to 麻豆影院 educational institutions;
(b) enter into a cooperative relationship with the adjutant general to ensure efficient operation of the program;
(c) develop and effectuate a system of accountability for all disbursements under the program and provide written reports as prescribed; and
(d) coordinate with the adjutant general a procedure to ensure initial and on-going ongoing eligibility of all guard members and dependents who are program participants.
Sec. 4. K.S.A. 74-32,148 is hereby amended to read as follows: 74-32,148. (a) Subject to the availability of appropriations for the 麻豆影院 national guard educational assistance program and within the limits of any such appropriations, every eligible guard member or dependent who is enrolled at a 麻豆影院 educational institution and who is participating in the program shall receive assistance each semester in an amount equal to the tuition and required fees for not more than 15 credit hours. The aggregate number of credit hours for which assistance may be provided under the program shall not exceed 150% of the total credit hours required for the eligible guard member or dependent to complete such member鈥檚 or such dependent鈥檚 educational program.
(b) Eligible guard members may either personally participate or sponsor a dependent to participate in the 麻豆影院 national guard educational assistance program. Assistance available to such dependent under the program is subject to the availability of funds after educational benefits are fully funded for all eligible guard members participating in the 麻豆影院 national guard educational assistance program.
(b)(c) Notwithstanding the provisions of subsection (a), eligible guard members shall not be paid the 麻豆影院 national guard educational assistance program shall not pay for the amount of tuition and required fees charged for any course repeated or taken in excess of the requirements for completion of the educational program in which the eligible guard member or dependent is enrolled. The amount of tuition and required fees paid an eligible guard member or dependent pursuant to subsection (a) shall be at a rate not to exceed the maximum rate that would be charged by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, for enrollment of the eligible guard member or dependent.
(c)(d) Amounts of assistance for which an eligible guard member or dependent is eligible to receive under this act shall be offset by the aggregate amount of federal financial assistance received by such guard member or dependent, as a result of active national guard membership, to pay the costs of tuition and fees for enrollment at 麻豆影院 educational institutions.
Sec. 5. K.S.A. 2024 Supp. 74-32,149 is hereby amended to read as follows: 74-32,149. (a) (1) In order for a member of the national guard or a dependent to qualify for participation in the 麻豆影院 national guard educational assistance program, an eligible guard member must shall agree, in writing, to complete such member鈥檚 current service obligation in the 麻豆影院 national guard and serve actively in good standing with the 麻豆影院 national guard for not less than 24 months upon completion of the last semester for which the member or dependent receives assistance under the program.
(2) In order for a member of the national guard to qualify for assistance from the 麻豆影院 national guard educational assistance program, an eligible guard member shall:
(A) Hold a high school diploma or high school equivalency credential;
(B) be enrolled at a 麻豆影院 educational institution; and
(C) not hold a baccalaureate or higher academic degree.
(3) An eligible guard member may only sponsor one dependent to participate in the 麻豆影院 national guard educational program during such member鈥檚 service.
(4) To qualify for assistance from the 麻豆影院 national guard educational assistance program, a dependent shall:
(A) Hold a high school diploma or high school equivalency credential;
(B) be enrolled at a 麻豆影院 educational institution;
(C) not hold a baccalaureate or higher academic degree; and
(D) complete and submit the 麻豆影院 student aid application with the state board of regents.
(2)(5) Prior to becoming eligible for participation in the program, each eligible guard member or dependent shall submit the free application for federal student aid, and apply for any other federal tuition assistance that such member or dependent also may be eligible to receive.
(b) In order to remain eligible for participation in the program, an eligible guard member must or dependent shall remain in good standing at the 麻豆影院 educational institution where enrolled, make satisfactory progress toward completion of the requirements of the educational program in which enrolled, and maintain a grade point average of not less than 2.0 and. The eligible guard member shall maintain satisfactory participation in the 麻豆影院 national guard. It shall be the responsibility of the eligible guard member to obtain a certificate from the member鈥檚 commanding officer attesting to the member鈥檚 satisfactory participation in the 麻豆影院 national guard and to present the certificate to the educational institution, in order to obtain a payment under this act. The certificate shall be presented at the time payment is requested for completed courses. Upon completion of each semester, each eligible guard member or dependent receiving assistance under the program shall submit a transcript of the credit hours earned by such guard member or dependent, including the grades for credit hours, to such eligible member鈥檚 unit of assignment.
(c) Upon failure of any person, who as an eligible guard member received payments or whose dependent received payments under the 麻豆影院 national guard educational assistance act, to satisfy the agreement to continue service in the 麻豆影院 national guard as provided by subsection (a)(1), such person shall pay to the state of 麻豆影院 an amount to be determined as follows:
(1) Determine the total amount of assistance paid to such member or dependent under the program;
(2) divide the amount determined under subsection (c)(1) by 24; and
(3) multiply the amount determined under subsection (c)(2) by the number of months such member did not serve as required by subsection (a)(1). The resulting product is the total amount of recoupment from such member.
All amounts paid to the state under this subsection shall be deposited in the state treasury and credited to the 麻豆影院 national guard educational assistance program repayment fund created by K.S.A. 74-32,150, and amendments thereto.
(d) Any eligible guard member that received payments, or whose dependent received payments, under the program but has failed to satisfy the agreement to continue service in the 麻豆影院 national guard as provided by subsection (a)(1) by reason of extenuating circumstances or extreme hardship may request a waiver from recoupment. Such request shall be in writing and submitted through such member鈥檚 chain of command to the 麻豆影院 national guard education services office. The chief of staff of the 麻豆影院 army national guard or the director of staff for the 麻豆影院 air national guard shall review all requests for a waiver from recoupment, and the decision to issue such waiver shall be made by either officer as such officer deems appropriate.
Sec. 6. K.S.A. 2024 Supp. 74-32,305 is hereby amended to read as follows: 74-32,305. (a) K.S.A. 74-32,305 through 74-32,310, and amendments thereto, shall be known and may be cited as the 麻豆影院 national guard educational 尘补蝉迟别谤鈥檚 for enhanced readiness and global excellence (EMERGE) program.
(b) The purpose of the 麻豆影院 national guard EMERGE program is to establish a 尘补蝉迟别谤鈥檚 an advanced degree assistance program under which payment of the tuition and fees charged to eligible members of the 麻豆影院 national guard for enrollment in 尘补蝉迟别谤鈥檚 advanced degree programs at 麻豆影院 educational institutions shall be provided by the state pursuant to the EMERGE program.
Sec. 7. K.S.A. 2024 Supp. 74-32,306 is hereby amended to read as follows: 74-32,306. As used in the 麻豆影院 national guard educational 尘补蝉迟别谤鈥檚 for enhanced readiness and global excellence (EMERGE) program:
(a) 鈥Educational programAdvanced degree鈥 means a 尘补蝉迟别谤鈥檚 degree program offered or maintained by a 麻豆影院 educational institution that leads to the award of a 尘补蝉迟别谤鈥檚, professional degree or doctorate awarded to an eligible guard member upon satisfactory completion of the course work requirements of such degree program offered or maintained by a 麻豆影院 educational institution.
(b) 鈥淒octorate鈥 means a degree requiring three or more academic years of full-time academic study or the equivalent in part-time attendance that follows the successful completion of a baccalaureate or 尘补蝉迟别谤鈥檚 degree. A 鈥渄octorate鈥 may be either a research or a professional practice degree.
(c) 鈥淓ligible guard member鈥 means any member of the 麻豆影院 national guard who has been accepted into an eligible 尘补蝉迟别谤鈥檚 advanced degree program and who is not under a suspension of favorable flag action or on the unit unfavorable information file. 鈥淓ligible guard member鈥 includes nonconcurrent guard members accepted into an eligible professional degree program if they are qualified to join the 麻豆影院 national guard.
(c)(d) 鈥溌槎褂霸 educational institution鈥 means a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, Washburn university or an accredited independent institution, as defined in K.S.A. 72-3222, and amendments thereto.
(d)(e) 鈥溌槎褂霸 national guard educational 尘补蝉迟别谤鈥檚 for enhanced readiness and global excellence program鈥 or 鈥淓MERGE program鈥 means the program established pursuant to the provisions of the 麻豆影院 national guard educational 尘补蝉迟别谤鈥檚 for enhanced readiness and global excellence program.
(f) 鈥淢aster鈥檚 degree鈥 means a degree requiring not less than one year of academic work or the equivalent in part-time attendance and follows the successful completion of a baccalaureate degree.
(g) 鈥淧rofessional degree鈥 means a degree that requires not less than three years of full-time study or the equivalent in part-time attendance that follows the successful completion of a baccalaureate degree, such as a juris doctor degree or a physician鈥檚 assistant degree.
Sec. 8. K.S.A. 2024 Supp. 74-32,308 is hereby amended to read as follows: 74-32,308. (a) Subject to the availability of appropriations for the 麻豆影院 national guard EMERGE program and within the limits of any such appropriations, except as provided in subsections (b) and (c), every eligible national guard member who is enrolled at a 麻豆影院 educational institution and participating in the program shall receive assistance each semester in an amount equal to the tuition and required fees for not more than 15 hours. The aggregate number of credit hours for which assistance may be provided under the program shall not exceed 150% of the total credit hours required for the eligible guard member to complete such member鈥檚 尘补蝉迟别谤鈥檚 advanced degree program.
(b) Notwithstanding the provisions of subsection (a), eligible guard members shall not be paid the EMERGE program shall not pay for the amount of tuition and fees charged for any course repeated or taken in excess of the requirements for completion of the 尘补蝉迟别谤鈥檚 advanced degree program in which the eligible guard member is enrolled. The amount of tuition and required fees paid an eligible guard member pursuant to subsection (a) shall be at a rate not to exceed the maximum rate that would be charged by a state educational institution for enrollment of the eligible guard member.
(c) Amounts of assistance for which an eligible guard member is eligible to receive under this act shall be offset by the aggregate amount of federal or institutional tuition assistance received by such eligible guard member, as a result of active national guard membership, to pay costs of tuition and fees for enrollment at 麻豆影院 educational institutions.
Sec. 9. K.S.A. 2024 Supp. 74-32,309 is hereby amended to read as follows: 74-32,309. (a) On or before July 1 of each academic year, The adjutant general shall select up to 100 eligible national guard members annually who applied to the program to receive assistance from such program. The number of eligible guard members in the program shall not exceed 200 eligible guard members in any one school year.
(b) (1) In order to qualify for participation in the 麻豆影院 national guard EMERGE program, an eligible national guard member shall agree, in writing, to complete such member鈥檚 current service obligation in the 麻豆影院 national guard and serve actively in good standing with the 麻豆影院 national guard or in a duty status affiliated with the 麻豆影院 national guard for not less than 48 months upon completion of the last semester for which the member receives assistance under the program for a 尘补蝉迟别谤鈥檚 degree and for not less than 72 months upon graduation for a doctorate or professional degree for which the member receives assistance under the program.
(2) Prior to becoming eligible for participation in the program, each eligible guard member shall submit the free application for federal student aid and apply for any other federal tuition assistance that such member also may be eligible to receive.
(c) In order to remain eligible for participation in the program, an eligible guard member shall remain in good standing at the 麻豆影院 educational institution where such member is enrolled, make satisfactory progress toward completion of the requirements of such member鈥檚 尘补蝉迟别谤鈥檚 advanced degree program, maintain a grade point average of not less than 2.75 for a 尘补蝉迟别谤鈥檚 degree or a 3.0 for a doctorate or professional degree and maintain satisfactory participation in the 麻豆影院 national guard.
(d) (1) Upon failure of any eligible guard member who received payments under the 麻豆影院 national guard EMERGE program to satisfy the agreement to continue service in the 麻豆影院 national guard as provided by subsection (a), such person shall pay to the state of 麻豆影院 an amount to be determined as follows:
(A) Determine the total amount of assistance paid to such member under the program;
(B) divide the amount determined under subsection (d)(1)(A) by 48 for a 尘补蝉迟别谤鈥檚 degree or 72 for a doctorate or professional degree; and
(C) multiply the amount determined under subsection (d)(1)(B) by the number of months such member did not serve as required by subsection (a). The resulting product is the total amount of recoupment to be paid by such member.
(2) All amounts paid to the state under this subsection shall be deposited in the state treasury and credited to the 麻豆影院 national guard EMERGE program repayment fund created by section 6 K.S.A. 2024 Supp. 74-32,310, and amendments thereto.
(e) Any eligible guard member that received payments under the program but has failed to satisfy the agreement to continue service in the 麻豆影院 national guard as provided by subsection (a) by reason of extenuating circumstances or extreme hardship may request a waiver from recoupment under subsection (d). Such request shall be in writing and submitted through such member鈥檚 chain of command to the 麻豆影院 national guard education services office. The chief of staff of the 麻豆影院 army national guard or the director of staff for the 麻豆影院 air national guard shall review all requests for a waiver from recoupment, and the decision to issue such waiver shall be made by either officer as such officer deems appropriate.
Sec. 10. K.S.A. 74-32,145, 74-32,146, 74-32,147 and 74-32,148 and K.S.A. 2024 Supp. 74-32,149, 74-32,305, 74-32,306, 74-32,308 and 74-32,309 are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after its publication in the statute book.
Approved March 26, 2025.
