Senate Bill 25-247 Engrossed

A Bill for an Act

• Page 1, Line 101Concerning tuition waivers for members of the Colorado

• Page 1, Line 102National Guard, and, in connection therewith, making

• Page 1, Line 103an appropriation.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/.)

Joint Budget Committee. The bill changes the tuition assistance program for eligible members of the Colorado National Guard (member) to a tuition waiver program (program). The bill allows a member, upon being accepted for enrollment at a designated institution of higher education (institution), to pursue studies that lead to a postgraduate degree, a bachelor's degree, an associate degree, or a certificate of completion with all tuition waived. For a member, the tuition waiver must not exceed more than 65 credit hours at a designated 2-year institution of higher education and no more than 130 credit hours at a designated 4-year institution of higher education; except that the total credit hours for a member who attends both a 2-year institution and a 4-year institution must not exceed more than 145 credit hours. The department of military and veterans affairs (department) shall administer the program.

In order to qualify for the program, a member must:

• Be accepted by an institution;
• Be in good standing with the Colorado National Guard; and
• Complete a Colorado application for state financial aid or a free application for federal student aid.

Each institution shall determine if a member enrolled with the institution remains in satisfactory academic standing in accordance with the academic policies of the institution and is making progress toward the completion of the requirements of the education program in which the member is enrolled. If the institution finds that the member is not in satisfactory academic standing in accordance with the academic policies of the institution or is not making progress toward the completion of a degree, the member must reimburse the department for the amount of the tuition waived for that academic term.

The bill makes an appropriation.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 23-7.4-302, amend

• Page 2, Line 3(1), (5), (6), (7), and (9)(a); and repeal and reenact, with amendments, (2) and (3) as follows:

• Page 2, Line 423-7.4-302.  Tuition waiver for members of the National Guard

• Page 2, Line 5- rules - fund - legislative declaration - definitions - repeal. (1)  The

• Page 2, Line 6general assembly recognizes its responsibility for the establishment and

• Page 2, Line 7maintenance of a strong, well-trained, and high-spirited National Guard.

• Page 2, Line 8The encouragement of membership in the guard through the granting of

• Page 2, Line 9reduced or free tuition at certain institutions of postsecondary education

• Page 2, Line 10simultaneously expresses a commitment to a part of this responsibility

• Page 2, Line 11and supports existing institutions, carrying out a policy of maintaining

• Page 3, Line 1reasonable access to quality education as broadly in this state as possible.

• Page 3, Line 2The general assembly hereby finds and declares that the establishment of

• Page 3, Line 3a tuition assistance waiver program will encourage enlistments, enhance

• Page 3, Line 4the knowledge and skills of the National Guard, and retain membership in the National Guard.

• Page 3, Line 5(2)  As used in this section, unless the context otherwise requires:

• Page 3, Line 6(a)  "Designated institution of higher education" means:

• (I)  Adams state university;

• Page 3, Line 7(II)  Colorado state university;

• (III)  Colorado state university - global campus;

• Page 3, Line 8(IV)  Colorado state university - Pueblo;

• (V)  Colorado Mesa university;

• Page 3, Line 9(VI)  Metropolitan state university of Denver;

• (VII)  Fort Lewis college;

• Page 3, Line 10(VIII)  Western Colorado university;

• (IX)  University of northern Colorado;

• Page 3, Line 11(X)  University of Colorado at Boulder;

• (XI)  University of Colorado at Denver;

• Page 3, Line 12(XII)  University of Colorado at Colorado Springs;

• (XIII)  University of Colorado health sciences center;

• Page 3, Line 13(XIV)  Colorado school of mines;

• Page 3, Line 14(XV)  Community colleges that are governed by the state board for community colleges and occupational education;

• Page 3, Line 15(XVI)  An area technical college; and

• (XVII)  A local district college.

• Page 3, Line 16(b)  "Member" means an enlisted member or officer of the Colorado National Guard.

• Page 4, Line 1(3) (a)  Subject to annual appropriations, a person who is a

• Page 4, Line 2member of the Colorado National Guard, upon being accepted

• Page 4, Line 3for enrollment at a designated institution of higher education,

• Page 4, Line 4may pursue studies that lead to a postgraduate degree, a

• Page 4, Line 5bachelor's degree, an associate degree, or a certificate of

• Page 4, Line 6completion with all tuition waived. For a member, the tuition

• Page 4, Line 7waiver must not exceed more than sixty-five credit hours at a

• Page 4, Line 8designated two-year institution of higher education and no

• Page 4, Line 9more than one hundred thirty credit hours at a designated

• Page 4, Line 10four-year institution of higher education; except that the total

• Page 4, Line 11credit hours for a member who attends both a designated

• Page 4, Line 12two-year and a designated four-year institution of higher

• Page 4, Line 13education must not exceed more than one hundred forty-five

• Page 4, Line 14credit hours. The department of military and veterans affairs shall administer the tuition waiver program.

• Page 4, Line 15(b) (I)  To prevent hardship to a designated institution of

• Page 4, Line 16higher education, if there is a significant increase in the member

• Page 4, Line 17enrollment in the tuition waiver program, the number of

• Page 4, Line 18members attending with a tuition waiver must not exceed the greater of:

• Page 4, Line 19(A)  A twenty-five percent increase in member enrollment

• Page 4, Line 20in a designated institution of higher education compared to the

• Page 4, Line 21member calculation described in subsection (3)(b)(II) of this section; or

• Page 4, Line 22(B)  More than five additional members enrolled in a

• Page 4, Line 23designated institution of higher education compared to the

• Page 5, Line 1member calculation described in subsection (3)(b)(II) of this section.

• Page 5, Line 2(II)  For each designated institution of higher education,

• Page 5, Line 3the department of military and veterans affairs shall determine

• Page 5, Line 4the base member enrollment described in subsection (3)(b)(I)(A)

• Page 5, Line 5or (3)(b)(I)(B) of this section by calculating the average fall

• Page 5, Line 6semester member enrollment at the designated institution of

• Page 5, Line 7higher education for the previous three fall semesters. The

• Page 5, Line 8department of military and veterans affairs, in consultation

• Page 5, Line 9with designated institutions of higher education, shall adopt

• Page 5, Line 10rules to determine how to select members to participate in the

• Page 5, Line 11tuition waiver program if a significant increase in member

• Page 5, Line 12enrollment in the tuition waiver program occurs pursuant to subsection (3)(b)(I) of this section.

• Page 5, Line 13(III)  The department of military and veterans affairs

• Page 5, Line 14shall determine community college member enrollment caps for

• Page 5, Line 15each community college. The department of military and

• Page 5, Line 16veterans affairs shall provide funds to the state board of

• Page 5, Line 17community colleges and occupational education for tuition

• Page 5, Line 18waivers. The state board of community colleges and

• Page 5, Line 19occupational education shall distribute the funds to each community college in which a member is enrolled.

• Page 5, Line 20(IV) (A)  The department of military and veterans affairs

• Page 5, Line 21may request adjustments to the annual appropriation based on

• Page 5, Line 22changes to Colorado National Guard member enrollment and changes to the cost of tuition.

• Page 5, Line 23(B)  If the difference between the calculated tuition for

• Page 6, Line 1base member enrollment, as described in subsection (3)(b)(II) of

• Page 6, Line 2this section, and the annual appropriation is less than

• Page 6, Line 3twenty-five percent, the department of military and veterans

• Page 6, Line 4affairs may prorate funding and distribute funds to each designated institution of higher education proportionately.

• Page 6, Line 5(C)  If the difference between the calculated tuition for

• Page 6, Line 6base member enrollment, as described in subsection (3)(b)(II) of

• Page 6, Line 7this section, and the annual appropriation is more than

• Page 6, Line 8twenty-five percent, the tuition waiver program is suspended

• Page 6, Line 9and the designated institutions of higher education shall

• Page 6, Line 10distribute the remaining tuition waiver funds on a first-come,

• Page 6, Line 11first-serve basis to members until the tuition waiver funds are exhausted.

• Page 6, Line 12(c)  The department of military and veterans affairs shall

• Page 6, Line 13establish criteria for members who attend postgraduate degree programs.

• Page 6, Line 14 (d)  In order to qualify for the tuition waiver program authorized by this section, a member must:

• Page 6, Line 15(I)  Be accepted by a designated institution of higher education;

• Page 6, Line 16(II)  Be in good standing with the Colorado National Guard; and

• Page 6, Line 17(III)  Complete a Colorado application for state financial aid or a free application for federal student aid.

• Page 6, Line 18(5)  For each individual member of the Colorado National Guard

• Page 6, Line 19who is a continuing student and who is receiving tuition assistance as

• Page 6, Line 20provided in this section, the department of military and veterans affairs

• Page 7, Line 1shall obtain certification from the designated institution of higher

• Page 7, Line 2education prior to the payment to the institution attesting to the member's

• Page 7, Line 3current satisfactory academic standing at the designated institution of

• Page 7, Line 4higher education, as determined by military regulations promulgated

• Page 7, Line 5pursuant to subsection (7) of this section, for each semester or quarter for

• Page 7, Line 6which tuition assistance is requested. Tuition assistance shall not be

• Page 7, Line 7granted without such certification. Each designated institution of

• Page 7, Line 8higher education shall determine if a member enrolled with the

• Page 7, Line 9designated institution of higher education remains in

• Page 7, Line 10satisfactory academic standing in accordance with the

• Page 7, Line 11academic policies of the designated institution of higher

• Page 7, Line 12education and is making progress toward the completion of the

• Page 7, Line 13requirements of the education program in which the member is

• Page 7, Line 14enrolled. If the designated institution of higher education finds

• Page 7, Line 15that the member is not in satisfactory academic standing in

• Page 7, Line 16accordance with the academic policies of the designated

• Page 7, Line 17institution of higher education or is not making progress toward

• Page 7, Line 18the completion of the requirements of the education program in

• Page 7, Line 19which the member is enrolled, the member must reimburse the

• Page 7, Line 20department of military and veterans affairs pursuant to subsection (6) of this section.

• Page 7, Line 21(6)  Any member who leaves the Colorado National Guard in

• Page 7, Line 22violation of the member's agreement under subsection (2) of this section

• Page 7, Line 23during an academic term for which the member is receiving tuition

• Page 7, Line 24assistance is required to repay to the department of military and veterans

• Page 7, Line 25affairs the amount of tuition assistance waiver granted for that academic

• Page 7, Line 26term and any and all collection fees incurred by the department of military

• Page 8, Line 1and veterans affairs. The repayment of tuition assistance shall must be

• Page 8, Line 2credited to the Colorado National Guard tuition fund created in subsection (9) of this section.

• Page 8, Line 3(7)  The department of military and veterans affairs shall

• Page 8, Line 4promulgate military regulations for the administration of tuition

• Page 8, Line 5assistance as provided in this section including, but not limited to, the

• Page 8, Line 6following: adopt rules to certify member eligibility at the

• Page 8, Line 7request of a designated institution of higher education, to

• Page 8, Line 8communicate member eligibility to the designated institution of

• Page 8, Line 9higher education, and to administer the tuition waiver program pursuant to this section.

• Page 8, Line 10(a)  Criteria for the eligibility of a member of the National Guard

• Page 8, Line 11for tuition assistance. In establishing this criteria, the department of

• Page 8, Line 12military and veterans affairs shall include, but not be limited to, consideration of the following:

• Page 8, Line 13(I)  The member's past service and record, if any, in the National Guard;

• Page 8, Line 14(II)  An evaluation of the member's commitment to future service in the National Guard;

• Page 8, Line 15(III)  The member's military record, if any, including the member's achievements and whether the member has been honorably discharged;

• Page 8, Line 16(IV)  The benefit to the National Guard by having such an individual as a member;

• Page 8, Line 17(V)  Financial need, merit, or talent;

• Page 8, Line 18(b)  Procedures to be followed by designated institutions of higher

• Page 8, Line 19education in reporting the member's academic standing and in providing

• Page 8, Line 20timely billing to the department of military and veterans affairs;

• Page 9, Line 1(c)  A definition of satisfactory academic standing, including, but

• Page 9, Line 2not limited to, consideration of the member's cumulative grade point average, credit hours completed, and progress toward a degree.

• Page 9, Line 3(9) (a)  There is created in the state treasury The Colorado National

• Page 9, Line 4Guard tuition fund which is created in the state treasury and is

• Page 9, Line 5administered by the department of military and veterans affairs. and

• Page 9, Line 6which consists of all The tuition fund consists of money that may be

• Page 9, Line 7is appropriated thereto by the general assembly or that is otherwise made

• Page 9, Line 8available to it by the general assembly. Money "otherwise made

• Page 9, Line 9available" includes any repayment of tuition assistance waivers made

• Page 9, Line 10pursuant to subsection (6) of this section. The money in the fund is

• Page 9, Line 11continuously appropriated for the payment of tuition assistance waivers

• Page 9, Line 12as provided described in this section. Any money not expended at the

• Page 9, Line 13end of the fiscal year remains in the fund and shall not be is not transferred to or revert reverted to the general fund of the state.

• Page 9, Line 14SECTION 2.  Appropriation. For the 2025-26 state fiscal year,

• Page 9, Line 15$562,787 is appropriated to the department of military and veterans

• Page 9, Line 16affairs for use by the executive director's office. This appropriation is

• Page 9, Line 17from the general fund. To implement this act, the division may use this appropriation for the Colorado National Guard tuition waiver.

• Page 9, Line 18SECTION 3.  Safety clause. The general assembly finds,

• Page 9, Line 19determines, and declares that this act is necessary for the immediate

• Page 9, Line 20preservation of the public peace, health, or safety or for appropriations for

• Page 9, Line 21the support and maintenance of the departments of the state and state institutions.