Changes to Existing Law

Any private, nonprofit postsecondary institution located in this state, recognized as an exempt organization under 26 U.S.C. § 501(c)(3) as of January 1, 2024, and authorized to provide educational programs pursuant to chapter 13-48, may participate in the state's tuition benefit program for members of the South Dakota National Guard. To participate in the program, the institution must agree to accept the amount of the state tuition benefit for an undergraduate degree program under § 33-6-5 or for a graduate degree program under § 33-6-5.1 and the amount of any federal tuition benefit as full and complete payment of tuition for any student who meets the institution's admission requirements and the eligibility requirements of § 33-6-7. The participating institution shall collect the tuition benefit on behalf of an eligible student by submitting a request for payment to the Department of the Military on a form prescribed by the department. The department shall send the tuition benefit to the institution within sixty days of receiving the request for payment. Each participating institution shall submit an estimate of the total number of students who will be enrolled in an undergraduate or graduate program, pursuant to this section, at the institution and eligible for the state tuition benefit to the department annually by July first.

To be eligible for one hundred percent of in-state resident tuition without cost or reimbursement a tuition benefit under § 33-6-5, 33-6-5.1, 33-6-6, or section 2 of this Act, a national guard member shall an individual must: (1) Be a member of the South Dakota Army National Guard Unit or Air National Guard Unit throughout each semester or vocational program for which the member applies for benefits; (2) Have satisfactorily completed required initial basic training; (3) Have satisfactorily performed duty upon return from basic training, including a minimum ninety percent attendance on scheduled drill dates and at annual training with the member's parent unit; (4) Maintain satisfactory academic progress; and (5) Provide proper notice to the institution at the time of registration for the term in which the benefits are sought.

Any person individual desiring to use the benefits of either § 33-6-5 or, 33-6-5.1, 33-6-6 shall, or section 2 of this Act must apply to the Department of the Military. The adjutant general shall determine if that person the individual is entitled to the benefits of §§ 33-6-5 to 33-6-8, inclusive. The adjutant general may shall promulgate rules, pursuant to chapter 1-26 to accomplish the purposes of §§ 33-6-5 to 33-6-8, inclusive, and to establish, establishing the application process, the procedures for determining by which awards are determined, the records to be that must be maintained, and the procedure for an appeal. 31