1. (1) The general assembly recognizes its responsibility for the establishment and maintenance of a strong, well-trained, and high-spirited National Guard. The encouragement of membership in the guard through the granting of free tuition at certain institutions of postsecondary education simultaneously expresses a commitment to a part of this responsibility and supports existing institutions, carrying out a policy of maintaining reasonable access to quality education as broadly in this state as possible. The general assembly finds and declares that the establishment of a tuition waiver program will encourage enlistments, enhance the knowledge and skills of the National Guard, and retain membership in the National Guard.

2. (2) As used in this section, unless the context otherwise requires:

   1. (a) Designated institution of higher education means:

      1. (I) Adams state university;
      2. (II) Colorado state university;
      3. (III) Colorado state university - global campus;
      4. (IV) Colorado state university - Pueblo;
      5. (V) Colorado Mesa university;
      6. (VI) Metropolitan state university of Denver;
      7. (VII) Fort Lewis college;
      8. (VIII) Western Colorado university;
      9. (IX) University of northern Colorado;
      10. (X) University of Colorado at Boulder;
      11. (XI) University of Colorado at Denver;
      12. (XII) University of Colorado at Colorado Springs;
      13. (XIII) University of Colorado health sciences center;
      14. (XIV) Colorado school of mines;
      15. (XV) Community colleges that are governed by the state board for community colleges and occupational education;
      16. (XVI) An area technical college; and
      17. (XVII) A local district college.
   2. (b) Member means an enlisted member or officer of the Colorado National Guard.

3. (3)

   1. (a) Subject to annual appropriations, a person who is a member of the Colorado National Guard, upon being accepted for enrollment at a designated institution of higher education, may pursue studies that lead to a postgraduate degree, a bachelor's degree, an associate degree, or a certificate of completion with all tuition waived. For a member, the tuition waiver must not exceed more than sixty-five credit hours at a designated two-year institution of higher education and no more than one hundred thirty credit hours at a designated four-year institution of higher education; except that the total credit hours for a member who attends both a designated two-year and a designated four-year institution of higher education must not exceed more than one hundred forty-five credit hours. The department of military and veterans affairs shall administer the tuition waiver program.

   2. (b)

      1. (I) To prevent hardship to a designated institution of higher education, if there is a significant increase in the member enrollment in the tuition waiver program, the number of members attending with a tuition waiver must not exceed the greater of:

         1. (A) A twenty-five percent increase in member enrollment in a designated institution of higher education compared to the member calculation described in subsection (3)(b)(II) of this section; or
         2. (B) More than five additional members enrolled in a designated institution of higher education compared to the member calculation described in subsection (3)(b)(II) of this section.
      2. (II) For each designated institution of higher education, the department of military and veterans affairs shall determine the base member enrollment described in subsection (3)(b)(I)(A) or (3)(b)(I)(B) of this section by calculating the average fall semester member enrollment at the designated institution of higher education for the previous three fall semesters. The department of military and veterans affairs, in consultation with designated institutions of higher education, shall adopt rules to determine how to select members to participate in the tuition waiver program if a significant increase in member enrollment in the tuition waiver program occurs pursuant to subsection (3)(b)(I) of this section.
      3. (III) The department of military and veterans affairs shall determine community college member enrollment caps for each community college. The department of military and veterans affairs shall provide funds to the state board of community colleges and occupational education for tuition waivers. The state board of community colleges and occupational education shall distribute the funds to each community college in which a member is enrolled.

      4. (IV)

         1. (A) The department of military and veterans affairs may request adjustments to the annual appropriation based on changes to Colorado National Guard member enrollment and changes to the cost of tuition.
         2. (B) If the difference between the calculated tuition for base member enrollment, as described in subsection (3)(b)(II) of this section, and the annual appropriation is less than twenty-five percent, the department of military and veterans affairs may prorate funding and distribute funds to each designated institution of higher education proportionately.
         3. (C) If the difference between the calculated tuition for base member enrollment, as described in subsection (3)(b)(II) of this section, and the annual appropriation is more than twenty-five percent, the tuition waiver program is suspended and the designated institutions of higher education shall distribute the remaining tuition waiver funds on a first-come, first-serve basis to members until the tuition waiver funds are exhausted.
   3. (c) The department of military and veterans affairs shall establish criteria for members who attend postgraduate degree programs.

   4. (d) In order to qualify for the tuition waiver program authorized by this section, a member must:

      1. (I) Be accepted by a designated institution of higher education;
      2. (II) Be in good standing with the Colorado National Guard; and
      3. (III) Complete a Colorado application for state financial aid or a free application for federal student aid.
4. (4) Repealed.
5. (5) Each designated institution of higher education shall determine if a member enrolled with the designated institution of higher education remains in satisfactory academic standing in accordance with the academic policies of the designated institution of higher education and is making progress toward the completion of the requirements of the education program in which the member is enrolled. If the designated institution of higher education finds that the member is not in satisfactory academic standing in accordance with the academic policies of the designated institution of higher education or is not making progress toward the completion of the requirements of the education program in which the member is enrolled, the member must reimburse the department of military and veterans affairs pursuant to subsection (6) of this section.
6. (6) Any member who leaves the Colorado National Guard in violation of the member's agreement under subsection (2) of this section during an academic term for which the member is receiving tuition assistance is required to repay to the department of military and veterans affairs the amount of tuition waiver granted for that academic term and any and all collection fees incurred by the department of military and veterans affairs. The repayment of tuition assistance must be credited to the Colorado National Guard tuition fund created in subsection (9) of this section.
7. (7) The department of military and veterans affairs shall adopt rules to certify member eligibility at the request of a designated institution of higher education, to communicate member eligibility to the designated institution of higher education, and to administer the tuition waiver program pursuant to this section.
8. (8) Repealed.

9. (9)

   1. (a) The Colorado National Guard tuition fund is created in the state treasury and is administered by the department of military and veterans affairs. The tuition fund consists of money that is appropriated by the general assembly or that is otherwise available to it by the general assembly. Money otherwise made available includes any repayment of tuition waivers made pursuant to subsection (6) of this section. The money in the fund is continuously appropriated for the payment of tuition waivers as described in this section. Any money not expended at the end of the fiscal year remains in the fund and is not transferred to or reverted to the general fund of the state.
   2. (b) An audit of the Colorado National Guard tuition fund must be made during the department of military and veterans affairs postaudit pursuant to section 2-3-103.

Source: L. 2018: Entire article added with relocations, (HB 18-1228), ch. 103, p. 784, § 1, effective August 8. L. 2019: (3)(a) amended, (SB 19-194), ch. 219, p. 2243, § 1, effective May 20; (3)(a) amended, (HB 19-1178), ch. 400, 3547, § 17, effective July 1. L. 2025: (1), (5), (6), (7), and (9)(a) amended and (2) and (3) R&RE, (SB 25-247), ch. 159, p. 638, § 1, effective May 1.

Editor's note: (1) This section is similar to former § 23-5-111.4 as it existed prior to 2018.

(2) Amendments to subsection (3)(a) by SB 19-194 and HB 19-1178 were harmonized.