Session Law

Identifying Information:L. 2002 ch. 118
Other Identifying Information:2002 House Bill 2642
Tax Type:Other
Brief Description:An Act concerning financial assistance for higher education; relating to the teacher service scholarship program and the Kansas national guard educational assistance program; amending K.S.A. 2001 Supp. 48-276, 48-277, 48-278, 48-279 and 74-32,102 and re- pealing the existing sections.
Keywords:


Body:

CHAPTER 118

HOUSE BILL No. 2642


An Act concerning financial assistance for higher education; relating to the teacher service

scholarship program and the Kansas national guard educational assistance program;

amending K.S.A. 2001 Supp. 48-276, 48-277, 48-278, 48-279 and 74-32,102 and re-


pealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 48-276 is hereby amended to read as

follows: 48-276. As used in the Kansas national guard educational assis-

tance act:

(a) ``Kansas educational institution'' means and includes area voca-

tional schools, area vocational-technical schools, community colleges, the

municipal university, state educational institutions, technical colleges, and

accredited independent institutions.

(b) ``Eligible guard member'' means a newly enlisted or reenlisted

member of the Kansas national guard who is a resident of Kansas, who

has been a member of the Kansas national guard for with not more than

15 years, who has had military service prior to membership in the national

guard or has completed basic military training, of service and who is en-

rolled at a Kansas educational institution. The term eligible guard mem-

ber does not include within its meaning any member of the Kansas na-

tional guard who is the holder of a baccalaureate or higher academic

degree, who does not hold a high school diploma or general educational

development (GED) credentials, or who is entitled to federal educational

benefits earned by membership in the Kansas national guard, except fi-

nancial assistance under the federal education assistance program (FEAP)

for members of the selected reserve.

(c) ``Kansas national guard educational assistance program'' or ``pro-

gram'' means the program established pursuant to the provisions of the

Kansas national guard educational assistance act.

(d) ``Educational program'' means a program which is offered and

maintained by a Kansas educational institution and leads to the award of

a certificate, diploma or degree upon satisfactory completion of course-

work requirements.

Sec. 2. K.S.A. 2001 Supp. 48-277 is hereby amended to read as fol-

lows: 48-277. The adjutant general state board of regents shall adopt rules

and regulations for administration of the Kansas national guard educa-

tional assistance act and shall:

(a) Establish a mechanism to ensure distribution of funds for tuition

and fee reimbursement throughout the Kansas national guard organiza-

tion to Kansas educational institutions;

(b) enter into a cooperative relationship with the state board of re-

gents and the state department of education adjutant general to ensure

efficient operation of the program;

(c) develop and effectuate a system of accountability for all disburse-

ments under the program and provide written reports as prescribed; and

(d) establish coordinate with the adjutant general a procedure to en-

sure initial and on-going eligibility of all guard members who are program

participants.

Sec. 3. K.S.A. 2001 Supp. 48-278 is hereby amended to read as fol-

lows: 48-278. (a) Subject to the availability of appropriations for the Kan-

sas national guard educational assistance program and within the limits

of any such appropriations, every eligible guard member who is enrolled

at a Kansas educational institution and who is participating in the program

shall be paid the amount of tuition and required fees charged by the

Kansas educational institution for enrollment in courses necessary to sat-

isfy the requirements of an educational program.

(b) Notwithstanding the provisions of subsection (a), eligible guard

members shall not be paid 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 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 the state educational

institutions for enrollment of the eligible guard member.

(c) Amounts of assistance for which an eligible guard member is eli-

gible to receive under this act shall be offset by the aggregate amount of

federal financial assistance received by such guard member, as a result of

active national guard membership, to pay costs of tuition and fees for

enrollment at Kansas educational institutions.

Sec. 4. K.S.A. 2001 Supp. 48-279 is hereby amended to read as fol-

lows: 48-279. (a) In order to qualify for participation in the Kansas na-

tional guard educational assistance program, an eligible guard member

must agree in writing to continue service in the Kansas national guard for

a period of not less than four years after receiving a final payment under

this act complete such member's current service obligation in the Kansas

national guard, plus three months service for each semester, or part

thereof, of assistance received.

(b) In order to remain eligible for participation in the program, an

eligible guard member must remain in good standing at the Kansas ed-

ucational institution where enrolled, make satisfactory progress toward

completion of the requirements of the educational program in which en-

rolled, and maintain satisfactory participation in the Kansas national

guard. It shall be the responsibility of the eligible guard member to obtain

a certificate from the member's commanding officer attesting to the

member's satisfactory participation in the Kansas national guard and to

present the certificate to the adjutant general, or a designee thereof ed-

ucational institution, in order to obtain a payment under this act. The

certificate shall be presented at the time payment is requested for com-

pleted courses.

(c) Upon failure of any person, who as an eligible guard member

received payments under the Kansas national guard educational assis-

tance act, to satisfy the agreement to continue service in the Kansas na-

tional guard for the required four-year period as provided by subsection

(a), such person shall pay to the state of Kansas an amount equal to the

total amount received. All amounts paid to the state under this subsection

shall be deposited in the state treasury and credited to the state general

Kansas national guard educational assistance program repayment fund

created by section 5, and amendments thereto.

New Sec. 5. There is hereby created in the state treasury the Kansas

national guard educational assistance program repayment fund. The state

board of regents shall remit all moneys received under K.S.A. 2001 Supp.

48-279, and amendments thereto, to the state treasurer at least monthly.

Upon receipt of each such remittance the state treasurer shall deposit the

entire amount thereof in the state treasury, and such amount shall be

credited to the Kansas national guard educational assistance program re-

payment fund. All expenditures from the Kansas national guard educa-

tional assistance program repayment fund shall be for payments of assis-

tance under the Kansas national guard educational assistance act, and

shall be made in accordance with appropriation acts upon warrants of the

director of accounts and reports issued pursuant to vouchers approved

by the executive officer of the state board of regents or a person desig-

nated by the executive officer.

Sec. 6. K.S.A. 2001 Supp. 74-32,102 is hereby amended to read as

follows: 74-32,102. (a) There is hereby established the teacher service

scholarship program. A scholarship may be awarded under the teacher

service scholarship program to any qualified student and may be renewed

for each such student who remains qualified for the scholarship. The

number of new scholarships awarded under the program in each year

shall not exceed 50. Determination of the students qualified for such

scholarships shall be made by the executive officer. Scholastic ability shall

be determined on the basis of any one or more of the following: (1) High

ACT or SAT score; (2) rank in high school graduation class; (3) cumulative

high school or college grade point average; or (4) any other indicator of

scholastic ability which the state board of regents determines to be de-

monstrative of potential for successful completion of a course of instruc-

tion leading to certification as a teacher. To the extent practicable and

consistent with qualification factors, consideration shall be given to stu-

dents who are members of ethnic minority groups.

(b) A scholarship awarded under the program shall provide for pay-

ment to a qualified student of (1) an amount not to exceed 70% of the

cost of attendance for an academic year at the teacher education school

in which the qualified student is enrolled if such teacher education school

is maintained by a state educational institution or (2) an amount not to

exceed 70% of the average amount of the cost of attendance for an aca-

demic year at the teacher education schools maintained by the state ed-

ucational institutions if the teacher education school in which the quali-

fied student is enrolled is not a state educational institution. A qualified

student may be awarded a scholarship for not more than four academic

years of undergraduate study, except that a qualified student who is en-

rolled full time in a course of instruction leading to certification in a

teaching discipline for which graduate study is required may be awarded

a scholarship for the duration of the course of instruction.

Sec. 7. K.S.A. 2001 Supp. 48-276, 48-277, 48-278, 48-279 and 74-

32,102 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 16, 2002.


__________




Date Composed: 10/10/2002 Date Modified: 10/10/2002