1. (a) In order to be eligible to receive assistance under this article, the student must:

   1. (1) Be an active member of the Alabama National Guard and have completed basic training;
   2. (2) Be 17 years of age or older;
   3. (3) Be a member in good standing with the Alabama National Guard as prescribed by regulations promulgated by the Department of the Army and the Department of the Air Force, and by rules adopted by the Military Department of the State of Alabama, at the time of application and before the beginning of the course, training, semester, or quarter for which benefits are received;
   4. (4) Comply with the standards of Satisfactory Academic Progress as required for Title IV benefits under the Higher Education Act and as defined by that educational institution, and maintain a 2.0 grade point average or the letter grade equivalent. Students who are no longer eligible to receive Title IV benefits due to a failure to meet Satisfactory Academic Progress standards shall no longer be eligible to receive benefits under this section until the student sufficiently improves to meet the required standards;
   5. (5) Complete a Free Application for Federal Student Aid. This requirement is not applicable for any high school students dually or concurrently enrolled in high school and an institution of higher education; and
   6. (6) Sign a promissory note or similar document with provisions for the collection and repayment of assistance in the event that the member is disqualified or otherwise becomes ineligible to continue to receive benefits pursuant to this article.
2. (b) In the event the individual’s service in the Alabama National Guard is terminated or his or her service becomes unsatisfactory while receiving assistance or for four years after receiving the assistance afforded by this program, the assistance shall be terminated and repaid by the individual on a pro rata basis. After termination, or after an individual is dismissed from any school for academic or disciplinary reasons, the individual shall be ineligible for further assistance from this program. With consultation of the Alabama National Guard Education Services Officer and the Adjutant General of the State of Alabama, the Alabama Commission on Higher Education shall be the final authority for making such determinations.
3. (c) Any member who is disqualified from serving in the Alabama National Guard due solely to medical reasons with a Veterans Administration disability rating of 40 percent or greater shall be exempt from repaying any assistance received under this section.
4. (d) The Alabama Commission on Higher Education in collaboration with the State Military Department shall adopt rules to administer, advise, and implement this article. The Adjutant General shall be the final authority in selecting individuals to receive assistance under this article. The Alabama Commission on Higher Education shall be the final authority in determining eligible expenses to which assistance may be applied.
5. (e) Any member receiving academic excellence assistance prior to August 1, 2026, shall continue to receive the same amount of assistance until he or she completes the course or workforce development program.

6. (f)

   1. (1) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source, except appropriations from other state funds, shall remain in the fund.
   2. (2) The Alabama Commission on Higher Education may adopt rules to use monies retained in the fund pursuant to subdivision (1) to disburse assistance earlier in the academic term than required under Section 31-10-3(d).

(Acts 1984, No. 84-288, p. 498, §4; Acts 1985, 2nd Ex. Sess., No. 85-925, p. 211; Act 2017-349, §1; Act 2026-520, §1.)