Arkansas Administrative Code
Agency 131 - MILITARY DEPARTMENT
Rule 131.00.21-001 - Arkansas National Guard Tuition Waiver Program
Universal Citation: AR Admin Rules 131.00.21-001
Current through Register Vol. 49, No. 2, February 2024
Chapter 1 General
1-1.
Purpose
This rule establishes policy, procedure, and eligibility requirements for administration of the Arkansas National Guard Tuition Waiver Program (NGTW).
1-2.
Entitlements
The NGTW, as established by Act 471, as amended by Acts 535 of the 92nd General Assembly and Acts 76, and 133 of the 93rd General Assembly located in Arkansas Code § 6- 60- 214, allows all eligible Guardsmen (see Chapter 2) to attend a state-supported institution of higher education tuition-free. This benefit will waive tuition for a maximum of 120 semester credit hours. The NGTW can only be used to obtain an undergraduate degree, up to a bachelor's, and cannot be used by Guardsmen who have previously been awarded a bachelor's degree. The cost of a Guardsman's mandatory fees charged by an institution of higher education that the soldier or airman is attending may be paid for with available funds allocated by the Division of Higher Education for the tuition-free program. Payment of mandatory fees, if any, will not exceed actual cost of mandatory fees.
1-3.
Policy
In an effort to improve necessary strength and readiness levels in the Arkansas National Guard, the NGTW is authorized under state law as a benefit for qualifying Guardsmen and is based on eligibility criteria detailed in Act 471, as amended by Act 535, this regulation, and by the Arkansas Division of Higher Education (ADHE).
1-4.
Responsibilities
a. ADHE is responsible for:
(1) Coordinating with the Arkansas National
Guard regarding regulation changes or modifications.
(2) Administering receipt and disbursement of
funds to the institutions and maintaining fiscal records of the NGTW.
(3) Verifying the Guardsman has submitted the
Free Application for Federal Student Aid (FAFSA) and the Arkansas YOUniversal
Financial Aid Application.
(4)
Approving or denying YOUniversal Financial Aid applications and submitting
results to the Arkansas National Guard Education Office, the institution, and
the Guardsman.
(5) Providing the
Arkansas National Guard with eligibility verification for NGTW criteria as
outlined in Chapter 2 of this regulation.
(6) Defining "mandatory fees."
(7) Determining the amount of funds available
and the allocation method to pay mandatory fees.
b. The Institution of Higher Education is
responsible for :
(1) The Institution's NGTW
Representative will serve as the liaison between the respective institution,
the Education Services Officer (ESO), and ADHE.
(2) Verifying the Guardsman is considered by
the institution to be in "Good Standing" and meeting the requirements of
Satisfactory Academic Progress (SAP) as defined in the institution's
policies.
(3) Verifying the
Guardsman is enrolled in a program of study that leads to an undergraduate
degree and does not already possess a bachelor's degree,
(4) Verifying the Guardsman has applied for
institutional grants and scholarships applicable to the Guardsman's term and
major.
(5) Notifying ADHE of the
application close date and applicable term for institutional grants and
scholarships.
(6) Notifying ADHE of
the Guardsman's current date of acceptance as a student at the
institution.
(7) Notifying ADHE
regarding the status of eligibility and application verification.
(8) Providing to ADHE a roster of all hours
and dollars attributed to this program as well as student completion status at
the conclusion of each semester.
(9) Informing ADHE if the Guardsman's
academic status changes.
(10)
Applying the NGTW to student accounts IAW the sequence(s) established in this
regulation.
(11)
c. The Adjutant General (TAG) is
responsible for:
(1) Coordinating with the
ADHE in promulgating rules for the implementation of the NGTW, including
without limitation rules for the eligibility of Guardsmen.
(2) Making final decision regarding
recoupment of all benefits paid on the Guardsman's behalf for reasons
including, but not limited to absence without leave (AWOL), substance abuse
violations, or any other serious misconduct (see Paragraph 3-6).
d. The Arkansas Army National
Guard Education Office is responsible for:
(1)
Monitoring and verifying eligibility status of participating Guardsmen for the
Arkansas Army National Guard.
(2)
Receiving eligibility verification data from the Arkansas Air National Guard
and processing applications of participating Air Guardsmen IAW this
regulation.
(3) Maintaining
records/database and serving as point-of-contact for verification and
discrepancies for institutions and ADHE.
(4) Providing ADHE with a roster of all
Guardsmen requesting NGTW for the term.
(5) Reviewing eligibility verification
rosters from ADHE and providing ADHE with final NGTW eligibility
determinations.
(6) Providing
notification of NGTW ineligibility and ETP request procedures to disqualified
applicants.
(7) Providing
notification of ETP request determination to ADHE and the Guardsman.
(8) Educating Guardsmen on the process
established by ADHE regarding mandatory fees.
e. The Arkansas Army National Guard Education
Services Officer (ESO) is responsible for:
(1)
Serving as TAG's delegated proponent for the NGTW
(2) Coordinating policy changes with the
ADHE.
(3) Coordinating with ADHE,
the institution, and the Guardsman to resolve any Exception to Policy (ETP)
requests or grievances.
(4)
Processing ETP requests in accordance with Chapter 3 of this
regulation.
(5) Rendering final
approval or denial any Guardsman's request for an ETP
f. The Arkansas Air National Guard
Representative(s) is responsible for:
(1)
Working directly with the Education Office and ESO in executing and
administering NGTW for the Air National Guard.
(2) Maintaining records/database and serving
as point-of-contact for verification and discrepancies for institutions and
ADHE.
g. The Guardsman
is responsible for:
(1) Meeting and
maintaining eligibility criteria (see Chapter 2) and submitting application
(see Chapter 3) before the deadline date each semester.
(2) Maintaining eligibility criteria
established by the institution in which they are enrolled, the Arkansas
National Guard, and ADHE, and otherwise successfully complete the semester and
all hours for which the tuition waiver is awarded.
(3) Remaining in "Good Standing" with the
institution in which they attend, as defined by that institution.
(4) Achieving and maintaining "Satisfactory
Academic Progress" within their degree program, as defined by that
institution.
(5) If denied for the
NGTW, the Guardsman may request an ETP through the ESO if they feel they have
extenuating circumstances which were beyond their control or unavoidable. The
ETP must be requested within thirty (30) calendar days of denial and processed
in accordance with Chapter 3 of this regulation.
Chapter 2 Eligibility
2-1.
Eligibility Criteria
a. The NGTW
is available to all Guardsmen currently serving in the Arkansas National Guard
and considered at the time of application to meet all eligibility
criteria.
b. Guardsman must be an
Arkansas Resident.
c. Guardsman
must have completed Initial Active Duty Training (basic training or credit for
a basic course through the Reserve Officers' Training Corps ROTC). Guardsmen
with an exigent circumstance that warrants a temporary waiver of the Initial
Active Duty Training requirement may request an Exception to Policy (ETP) IAW
paragraph 3-8 of this regulation.
d. Guardsman must not currently hold a
bachelor or higher degree.
e.
Guardsman must be accepted and enrolled in an undergraduate degree producing
program at an Arkansas state-supported public institution of higher education
recognized by ADHE (see Appendix A).
f. Guardsman must have completed the FAFSA,
the Arkansas YOUniversal Financial Aid Application, and applied for grants and
scholarships with the institution in which they are enrolled.
(1) Neither selection nor non-selection for
receipt of institutional grants and scholarships shall disqualify a Guardsman
from receiving the NGTW.
(2) In
determining whether a Guardsman has met the application deadline for
institutional grants and scholarships, the application deadline date shall be
compared to the Guardsman's date of admittance to the institution and the
Guardsman's date of entry into the Arkansas National Guard. Institutional
grants and scholarships with application periods closing prior to the latter of
these dates shall not disqualify a Guardsman from receiving the NGTW.
g. Guardsman must be in "Good
Standing" with their enrolled institution and meeting the requirements of
Satisfactory Academic Progress (SAP), as defined by that institution.
h. Guardsmen must remain in "Good Standing"
with the ARNG.
2-2.
Arkansas Army National Guard Criteria
a. Guardsmen must be considered to be in
"Good Standing" at the time of application.
b. The Education Office will verify
eligibility criteria for all Army Guardsmen.
c. Guardsmen currently under Suspension of
Favorable Action for, but not limited to, AWOLs, substance abuse violations, or
any other serious misconduct at the time of application are not eligible for
the NGTW.
2-3.
Arkansas Air National Guard Criteria
a. Guardsmen must be considered to be in
"Good Standing" at the time of application.
b. The Air National Guard Representative will
verify eligibility criteria for each Air Guardsman through their Unit
Commander.
c. Guardsmen currently
under Suspension of Favorable Action for, but not limited to, AWOLs, substance
abuse violations, or any other serious misconduct at the time of application
are not eligible for the NGTW.
2-4.
Eligibility Determination &
Processing
a. For each NGTW applicant
and term, ADHE will provide the status of ADHE and Educational Institution
verified items in Table 2-1 to the Education Office.
b. Upon receipt of Table 2-1 verification
data from ADHE, the Education Office will verify service component criteria and
provide an NGTW eligibility determination to ADHE and the Guardsman.
c. The request timeline for an ETP will
commence on the date of the Education Office's notification to the Guardsman.
|
Eligibility Criteria |
Verification Responsibility |
|
Arkansas Resident |
ADHE |
|
IADT Completion / Basic Course Qualification |
ARNG |
|
"Good Standing" IAW Army Regulation and/or Air Force Instruction |
ARNG Service Component Representative (ESO - AR ARNG / Wing NGTW Rep - AR ANG) |
|
Does Not Possess Bachelor's Degree |
Educational Institution |
|
Enrollment in a Degree Producing Program |
Educational Institution |
|
Applied for Institutional Grants & Scholarships |
Educational Institution |
|
Date of Acceptance as a Student |
Educational Institution |
|
Date of Institutional Grants & Scholarship Application Period |
Educational Institution |
|
"Good Standing" IAW Institution Policies |
Educational Institution |
|
Satisfactory Academic Progress |
Educational Institution |
|
Applied for FAFSA |
ADHE |
|
Applied for YOUniversal Financial Aid |
ADHE |
Table 2-1. NGTW Eligibility Requirements & Verification Responsibility
Chapter 3 Administration
3-1.
Application Process
a. Guardsmen requesting NGTW will obtain the
application and Statement of Understanding (SOU) through the Arkansas National
Guard Education website. All applications and SOUs must include the Guardsman's
signature (digital or manual).
b.
Applications for Army Guardsmen will be routed to the Education Office for
verification of eligibility as listed in Paragraphs 2-2 and 2-4
above.
c. Applications for Air
Guardsmen will be routed to the Air National Guard Representative for
verification of eligibility as listed in Paragraph 2-3 and 2-4 above before
processing at the Education Office.
d. Once verified and approved, applications
are submitted to the ADHE for disbursement of funds to the institutions of
higher learning.
3-2.
Submission Deadlines
a.
Applications must be submitted for each semester in which the Guardsman wishes
to receive the NGTW.
b. The NGTW
may be applied for all semester and intersession courses.
c. Applications may be submitted up to sixty
(60) calendar days prior to the start of the course, but must be submitted NO
LATER THAN thirty (30) days after the start of the course.
d. Applications received after the deadline
date may not be awarded and therefore the Guardsman would be responsible for
paying tuition to the institution. An ETP can be requested through the ESO in
writing.
3-3.
Authorized Uses
a. The NGTW will
only be awarded for programs leading to an undergraduate degree.
b. Eligible Guardsman may use the NGTW until
completion of a bachelor's degree or for a maximum of 120 semester credit
hours, whichever comes first.
c.
The NGTW will only cover tuition and, subject to the availability of funds,
mandatory fees. The Guardsman is responsible for all other costs, such as
mandatory fees not covered by the NGTW, additional fees, room and board,
textbooks, etc.
d. The NGTW will
not be applied to courses completed in a prior semester.
e. Guardsmen enrolled in high school and
college concurrently are not eligible for the tuition waiver.
f. The NGTW may be awarded to exclusively
online degree programs where the degree-offering institution is associated with
a state-supported institution of higher education. The associated
state-supported institution must be recognized by ADHE as an accredited public
institution of higher learning.
3-4.
Continuation of Eligibility
a. In the event a mobilization or deployment
interrupts the enrollment of a Guardsman currently receiving the NGTW the
Guardsman will remain eligible for a period of time equal to the semester in
which they were enrolled. It is the Guardsman's responsibility to notify the
institution, via copies of orders, of mobilization or deployment.
b. In the event of a non-medical discharge or
a medical discharge that is not caused by an illness or injury related to the
performance of duties for the Arkansas National Guard, the Guardsman is
eligible to receive the NGTW for the semester in which they are enrolled at the
date of discharge.
c. In the event
of a medical discharge or medical retirement as a result of illness or injury
incurred in the line of duty, as the result of a state or federal activation or
a terrorist action as determined by the Governor, the Guardsman is eligible to
receive the NGTW from the date of discharge or retirement and either until
completion of the degree program in which the Guardsman is enrolled or for five
years, whichever comes first.
d. To
maintain eligibility, a Guardsman must not drop more than 6 credit hours during
a course of study; however, this does not include dropping classes before the
add/drop date. A course of study is defined as the time during which a student
is continuously enrolled in pursuit of a credential.
3-5.
Termination
a. If a Guardsman is dismissed from any
institution of higher education for academic or disciplinary reasons, or drops
a course after the drop/add date, the Guardsman may be ineligible for the NGTW
and may be responsible for paying the institution directly for the semester in
which the benefit was received.
b.
If a Guardsman's service in the Arkansas National Guard is terminated, or
becomes unsatisfactory, the Guardsman will be ineligible for the NGTW and
subject to recoupment for the semester in which the Guardsman became
ineligible.
3-6.
Recoupment
a. Recoupment of NGTW
is required from Guardsmen for the following reasons:
(1) Fraud or misrepresentation of the
application.
(2) Failure on the
part of the Guardsman to complete the semester for which the benefit was
awarded.
(3) Failure to maintain
eligibility status with the Arkansas National Guard for the entire semester in
which the NGTW was awarded.
(4)
Identification of courses dropped after the add/drop date in excess of the 6
credit hours allowance in paragraph 3-4.d.
b. Recoupment may be collected by the
respective institution in which the Guardsman is enrolled or by the ADHE if
funds were already paid on the Guardsman's behalf.
c. The Adjutant General may initiate
recoupment of ALL funds paid on a Guardsman's behalf using the NGTW when the
Guardsman engages in misconduct or fails to remain a satisfactory participant
in active drilling status with the Arkansas National Guard (as defined in
Chapter 11 and Chapter 12 of AR 135-178 and AFI is 36-3208 and 3209) that
governs misconduct. Any funds recouped will be returned to the State of
Arkansas.
3-7.
Restoration of Eligibility
a.
Guardsmen ineligible for NGTW due to a Suspension of Favorable Actions as
outlined in paragraphs 2-2.c and 2-3.c remain ineligible for the NGTW for the
duration of the suspension. Subject to remaining eligibility requirements, the
Guardsmen is eligible for NGTW in the first term (semester or intersession)
that commences following removal of the suspension.
b. Guardsmen ineligible for NGTW due to any
other reason, including but not limited to satisfactory academic progress and
institutional good standing, may submit a written request for ETP in accordance
with paragraph 3-8.
3-8.
Exceptions to Policy
a. In the
event a Guardsman is denied for the NGTW, has benefits terminated, or is
ordered to repay benefits pursuant to the provisions of this regulation, the
Guardsman may appeal any such action to the ESO, in writing, within thirty (30)
calendar days from the date of termination/recoupment or denial.
b. The ESO will serve as TAG's delegated
approval authority for NGTW ETP requests of Guardsmen in both the Arkansas Army
and Air National Guard.
c.
Exceptions to Policy may be requested by Guardsmen, in writing, to the ESO. In
order for the ETP to be considered they must include, at a minimum, the
following information:
(1) Name of Guardsman
and unit/wing of assignment
(2)
Institution of higher education name and location
(3) Semester year/month in question
(4) Reason for request that indicates that
the situation was not due to the negligence or fault of the Guardsman and was
not within the Guardsman's reasonable control.
d. The ESO will review the ETP request,
coordinate with the institution and the ADHE to resolve the ETP, and provide
written notification to the Guardsmen and ADHE of the final
disposition.
3-9.
Duplicate Sources of Funding
a.
Other sources of funding may be used in addition to the NGTW.
b. Federal and state grants and scholarships
awarded to Guardsmen via FAFSA and YOUniversal applications will be applied to
tuition before the NGTW is applied.
c. Grants and scholarships awarded by the
institution in which the Guardsman is enrolled will be applied toward tuition
before NGTW is applied.
d.
Guardsmen may, but are not required to, use the NGTW simultaneously with the
Montgomery GI Bill (all Chapters) and the Kicker. The NGTW will be applied to
tuition before GI Bill funds are applied.
e. Guardsmen may, but are not required to use
Federal Tuition Assistance with the NGTW.
f. NGTW used within a term will apply to all
courses enrolled for that term, excluding those dropped before the
institution's add/drop date. All such course enrollments for that term will
count toward the 120 credit hour NGTW limit.
APPENDIX A
Accredited Institutions of Higher Education
* Current list of institutions of higher education can be found at http://www.adhe.edu//locations
APPENDIX B
Definitions/Acronyms
ADHE - Arkansas Division of Higher Education
ARNG - Arkansas National Guard
AWOL - Absent Without Leave
Course of Study- the time during which a student is continuously enrolled in pursuit of a credential.
Education Office - the Arkansas Army National Guard Education Office; facilitates processing of both Army and Air National Guard requests after service component verification
ESO- Education Services Officer
ETP- Exception to Policy
FAFSA- Free Application for Federal Student Aid
Guardsman/Guardsmen- active member of Arkansas Army or Air National Guard
Initial Active Duty Training- completion of basic training or credit for a basic course through the Reserve Officer Training Corps (ROTC)
Institution of Higher Education- any state-supported public institution
MGIB- Montgomery GI Bill
NGTW- Arkansas National Guard Tuition Waiver
TAG- The Adjutant General
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