ARTICLE 50:06
SCHOLARSHIPS AND GRANTS
Editor's Note: Under the authority of SDCL 1-26A-1, the Legislative Research Council transferred Chapter 24:40:01 to Article 50:06 to implement the statutory change required by SL 1997, ch 199.
Chapter
50:06:01 National guard tuition.
CHAPTER 50:06:01
NATIONAL GUARD TUITION
Section
50:06:01:01 Definitions.
50:06:01:02 Eligibility.
50:06:01:03 Certification and approval.
50:06:01:04 Reimbursement.
50:06:01:05 Availability of funds.
50:06:01:06 Continuing eligibility.
50:06:01:07 Repealed.
50:06:01:08 Appeal procedure.
50:06:01:09 Institutional report.
50:06:01:01. Definitions. The terms used in this chapter mean:
(1) "Act," SDCL 33-6-5 to 33-6-9, inclusive;
(2) "Secretary," the secretary of the Department of Military and Veterans Affairs;
(3) "Adjutant general," the secretary of the Department of Military and Veterans Affairs;
(4) "Academic year," in institutions under the control of the state board of regents, accumulation of 32 credit hours; in institutions under the supervision of the South Dakota Board of Education, enrollment in 1,080 hours in class;
(5) "Program of study," a course offering in one specific career area at a postsecondary technical institute as approved by the South Dakota Board of Education;
(6) "Benefits," the reduction of tuition charges authorized by the Act.
(7) "Satisfactory academic progress," a determination made by a state-supported postsecondary institution regarding a student's eligibility for continued enrollment; and
(8) "Resident student," a person who is determined by a state-supported postsecondary institution to be eligible to attend school upon payment of resident tuition.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:01, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
Law Implemented:SDCL 33-6-8.
50:06:01:02. Eligibility. A national guardsman meeting eligibility as prescribed in SDCL 33-6-7 may apply for benefits under either SDCL 33-6-5 or 33-6-6, but shall not exceed four academic years under either SDCL 33-6-5 or 33-6-6 or complete more than one program under SDCL 33-6-6.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:02, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
50:06:01:03. Certification and approval. The current national guard status of the applicant shall be certified on the application by the commander of the applicant's parent national guard unit or unit of attachment. The application shall be approved by the secretary upon determination by the postsecondary institution that the applicant is eligible to receive benefits under the act.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:03, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
50:06:01:04. Reimbursement. A national guardsman who has been certified and approved to receive benefits under SDCL 33-6-6 shall be reimbursed for one-half of the tuition upon the filing by the postsecondary institution of the report required by § 50:06:01:09.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:04, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
Law Implemented:SDCL 33-6-6.
50:06:01:05. Availability of funds. Tuition reimbursement to a guardsman receiving benefits under SDCL 33-6-6 is subject to availability of funds as appropriated by the Legislature and does not constitute a claim against the state of South Dakota in the absence of an appropriation for the specific program.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:05, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
Law Implemented:SDCL 33-6-8.
50:06:01:06. Continuing eligibility. A guardsman receiving benefits under the provisions of SDCL 33-6-5 or 33-6-6 shall apply for recertification and approval to the unit commander each semester on prescribed forms.
Source: 2 SDR 12, effective August 17, 1975; 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:06, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-8.
Law Implemented:SDCL 33-6-8.
50:06:01:07. Eligibility termination.Repealed.
Source: 2 SDR 12, effective August 17, 1975; repealed, 9 SDR 114, effective March 7, 1983; transferred from § 24:40:01:07, SL 1997, ch 199, effective January 1, 2003.
50:06:01:08. Appeal procedure. A guardsman aggrieved by a decision or an action of a state-supported postsecondary institution regarding application of the national guard tuition program may, after exhausting all available review procedures provided by the institution, appeal the decision or action to the secretary who shall conduct a hearing pursuant to the contested case provisions of SDCL 1-26.
Source: 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:08, SL 1997, ch 199, effective January 31, 2003.
General Authority:SDCL 33-6-7, 33-6-8.
Law Implemented:SDCL 33-6-8.
50:06:01:09. Institutional report. Each state-supported postsecondary institution enrolling students who participate in the national guard tuition program shall determine for each semester or for each program of study whether a student desiring to participate in the national guard tuition program is a properly enrolled resident student and is maintaining satisfactory academic progress. The institution shall provide a list of all students enrolled in the national guard tuition program to the secretary upon completion of enrollment. The list of students shall identify for each individual student the amount of tuition paid by the student and the number of units of credit or number of hours in class as appropriate for which the student seeks benefits. In addition, each institution shall attach copies of each denied application for South Dakota national guard tuition assistance, SDNG form 56, to the report.
Source: 9 SDR 114, effective March 7, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:40:01:09, SL 1997, ch 199, effective January 31, 2003.
General Authority: SDCL 33-6-7, 33-6-8.
Law Implemented: SDCL 33-6-8.
