Assistance Act – Definitions – Program creation – Eligibility - Application. A. This act shall be known and may be cited as the "Oklahoma National Guard Educational Assistance Act". B. As used in this act: 1. "Oklahoma educational institution" means an institution of higher education within The Oklahoma State System of Higher Education; 2. "Eligible Guard member" means a current member of the Oklahoma National Guard in good standing who has a high school diploma or who has completed General Educational Development (GED) requirements and who has secured admission to and enrolled in an Oklahoma educational institution; 3. "Graduate program" means a program offered by an Oklahoma educational institution that leads to the award of a master's degree; 4. "Program" means the Oklahoma National Guard Educational Assistance Program established pursuant to the provisions of this section; and 5. "Undergraduate program" means a program offered by an Oklahoma educational institution that leads to the award of an associate's degree or a baccalaureate degree. C. There is hereby created the Oklahoma National Guard Educational Assistance Program to provide assistance to eligible Guard members who enroll in an Oklahoma educational institution. Subject to the availability of funds, the amount of assistance shall be equivalent to the amount of resident tuition and approved mandatory fees, program fees, academic service fees, and any other fees for courses in which the eligible Guard member is enrolled, not to exceed a maximum of eighteen (18) credit hours each semester. The amount of mandatory fees, program fees, academic service fees, and any other fees shall be jointly reviewed and approved by the Oklahoma State Regents for Higher Education and the Military Department of the State of Oklahoma before a determination to pay the fees is made. 1. The amount of assistance provided to an eligible Guard member enrolled in an undergraduate program shall not exceed a maximum of one hundred twenty (120) credit hours in pursuit of an associate's degree and/or a baccalaureate degree. 2. Subject to the assistance for eligible Guard members enrolled in undergraduate programs being fully funded, assistance shall be provided to an eligible Guard member with a baccalaureate degree enrolled in a graduate program. The amount of assistance provided to an eligible Guard member enrolled in a graduate program shall not exceed a maximum of forty (40) credit hours in pursuit of a master's degree. 3. Assistance provided pursuant to this section shall be granted without any limitation other than the amount of funds available for the Program and the number of eligible Guard members who apply, subject to any cap established by the Military Department. 4. Assistance allowed by this section shall not be allowed for courses taken in excess of the requirements for completion of an undergraduate program or a graduate program, whichever is applicable for the eligible Guard member. D. Assistance provided pursuant to this section shall be allocated to the Oklahoma educational institution from the Oklahoma National Guard Educational Assistance Revolving Fund created pursuant to Section 3232 of this title. E. To be eligible to apply for the Program, an eligible Guard member shall: 1. Have at least one (1) year remaining on his or her enlistment contract at the beginning of any semester for which the member applies for assistance pursuant to this section; 2. Agree in writing to complete his or her current service obligation in the Oklahoma National Guard; and 3. Agree in writing to serve actively in good standing with the Oklahoma National Guard for not less than twenty-four (24) months after completion of the last semester for which the member receives assistance pursuant to this section. F. To retain eligibility for the Program, an eligible Guard member shall: 1. Maintain good academic standing and satisfactory academic progress according to standards of the Oklahoma educational institution in which the member is enrolled; 2. Maintain the requirements for retention and degree completion as established by the Oklahoma educational institution in which the member is enrolled; 3. Maintain a minimum grade point average of 2.0 on a 4.0 scale; 4. Maintain satisfactory participation in the Oklahoma National Guard; and 5. Possess a Military Occupational Specialty (MOS) or Air Force Specialty Code (AFSC) after his or her first semester. G. An eligible Guard member seeking assistance pursuant to the provisions of this section shall submit an application on a form prescribed by the Military Department of the State of Oklahoma to the Educational Service Office of the Military Department prior to the semester for which assistance is sought. The Military Department may establish a cap on the number of eligible Guard members allowed to participate per semester per undergraduate or graduate program. The eligible Guard member's Commander or his or her designee shall confirm a member's standing and eligibility to the Oklahoma educational institution in which the student is enrolled. H. The eligible Guard member's Commander may deny an application submitted by an eligible Guard member for continued Program assistance if he or she fails to comply with the provisions of paragraph 1, 2, 3, 4, or 5 of subsection F of this section. I. An eligible Guard member who has received Program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section shall be required to repay an amount to be calculated as follows: 1. Determine the total amount of assistance provided pursuant to the provisions of this section; 2. Divide the amount determined in paragraph 1 of this subsection by twenty-four (24); and 3. Multiply the amount determined in paragraph 2 of this subsection by the number of months the member did not fulfill the requirements of paragraph 4 of subsection F of this section. Repayments shall be deposited into the Oklahoma National Guard Educational Assistance Revolving Fund created pursuant to Section 3232 of this title. J. An eligible Guard member who has received Program assistance pursuant to the provisions of this section and who fails to comply with the provisions of paragraph 4 of subsection F of this section due to hardship circumstances may request a waiver from repayment. A waiver request shall be submitted in writing to the Adjutant General. K. By July 1 annually, the Oklahoma State Regents for Higher Education shall notify the Adjutant General of the amount of funding available in the Oklahoma National Guard Educational Assistance Revolving Fund created pursuant to Section 3232 of this title. L. The Oklahoma State Regents for Higher Education shall promulgate rules to implement the provisions of this act including deadlines for submission of applications required by subsection G of this section. The Military Department of the State of Oklahoma shall promulgate regulations pertaining to the application process and the determination of eligibility for the assistance program. The Oklahoma State Regents for Higher Education and Military Department shall coordinate the promulgation of rules and regulations to ensure compatibility. The Adjutant General may promulgate regulations to implement the provisions of this act.
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