(a) Any active member of a federally recognized unit of the Delaware National Guard ( “member” ) who meets the requirements for satisfactory membership, as defined by the Adjutant General of the Delaware National Guard, is eligible for financial assistance from the Delaware National Guard for certain postsecondary education tuition and fees under the following conditions:

(1) The member must first apply for and utilize all other reasonably available tuition assistance programs, including scholarships, grants, and civilian employer education benefit programs.

(2) The member must apply to the Adjutant General for education benefits provided under this section before starting a class or course of instruction, according to a schedule announced by the Adjutant General.

(3) Education benefits authorized by this section may be used only for attendance at a postsecondary institution either financially supported by this State or, if private, located in this State. Subject to any tuition assistance a member receives after applying under paragraph (a)(1) of this section, education benefits authorized by this section are as follows:

a. If a member chooses to attend a state-supported postsecondary institution, the total amount of tuition and fees must be paid up to the in-state resident rate. A state-supported postsecondary institution shall charge a member the in-state rate for tuition and fees and shall treat the member as an in-state applicant or student regardless of the member’s state of residence.

b. If a member chooses to attend a Delaware private postsecondary institution, the amount of tuition and fees paid must be equal to the average tuition and fees of the state-supported postsecondary institutions that offer the class or course of instruction, based on the in-state resident rate.

(4) Each class or course of instruction taken by a member must be one that is required by the postsecondary institution for the award of a specific certificate or of a specific associate degree, bachelor’s degree, or master’s degree.

(5) The per-member education benefits granted under this section are limited to only 1 certificate or degree program at each level of study, namely, a certificate program, an associate degree, bachelor’s degree, or master’s degree.

(6) A member may be enrolled in a certificate or degree program full-time or part-time.

(7) A member may not receive education benefits under this section more than 15 years after the date on which the member begins the first course for which education benefits are granted. But if a member is called to active duty or to an activation that requires the member to discontinue that member’s education benefits, the 15-year limit may be extended by the amount of time the member serves on that active duty or activation.

(8) The education benefits program established by this section is subject to the limits of the total funding appropriated by the General Assembly and approved by the Governor for the program.

(b) To receive education benefits authorized by this section, a member must do all of the following:

(1) Agree to serve in a satisfactory manner for a period of not less than 6 years in the Delaware National Guard. The 6-year requirement may include service time before, during, and after the member receives education benefits under this section.

(2) Maintain a cumulative grade point average of 2.0 or higher on a 4.0 scale, or its equivalent. If a member fails to maintain a cumulative grade point average of 2.0 or higher, the member may not receive further education benefits under this section until the member raises the member’s cumulative grade point average to meet the minimum required under this paragraph (b)(2).

(3) Before the start date of a class or a course of instruction, the member shall give to the Adjutant General, or the Adjutant General’s designee, all of the following:

a. A completed application for the education benefits provided under this section.

b. If applicable, the member’s most recent transcript from a postsecondary institution.

c., d. [Repealed.]

(c) The Adjutant General shall appoint a board to adopt rules and regulations and to provide forms as is necessary and proper for the efficient administration of this section.

(d) (1) Upon approval by the Adjutant General, and subject to the availability of appropriated funds, the Delaware National Guard shall provide education benefits authorized by this section from funds appropriated to the Delaware National Guard in the annual Budget Appropriations Act, or in amendments to the annual Budget Appropriations Act, for that purpose. If the total education benefits applied for under this section exceed the appropriated funds, education benefits for master’s degree must be reduced prior to any reductions to members applying for education benefits to obtain a certificate, an associate degree, or a bachelor’s degree.

(2) Within 60 days after receiving a member’s bill for tuition and fees, the Delaware National Guard shall disburse the financial assistance authorized by this section directly to a postsecondary institution on behalf of the member.

(e) A member who receives education benefits under this section but who does not fulfill the service commitment required by paragraph (b)(1) of this section, who is terminated from the Delaware National Guard for cause, or who otherwise fails to comply with any requirement of this section is immediately ineligible to receive education benefits under this section and shall repay the Delaware National Guard for all education benefits the member previously received, including interest, on a pro rata basis from the time of termination or noncompliance. The Adjutant General shall determine the amount the member must repay under this subsection.

(f) If a member is terminated from the Delaware National Guard other than for cause, the member is not required to repay education benefits the member received under this section.

(g) A member may not receive education benefits not disbursed under paragraph (d)(2) of this section prior to termination, for any reason, of membership in the Delaware National Guard.

(h) The Adjutant General shall report annually to the General Assembly all of the following:

(1) The number of members who participated at each Delaware postsecondary institution during the fiscal year.

(2) The total amount of tuition and fees paid under this section during the fiscal year.

(3) The total amount required to be repaid to the Delaware National Guard by defaulting members during the fiscal year.

(4) The total amount of moneys actually repaid by defaulting members during the fiscal year.

62 Del. Laws, c. 258, §  3;  64 Del. Laws, c. 45, §  1;  65 Del. Laws, c. 440, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 454, §  1;  73 Del. Laws, c. 188, §  1;  77 Del. Laws, c. 208, §§  1-3, 5;  82 Del. Laws, c. 191, § 1;  85 Del. Laws, c. 103, § 1;