FILED SENATE
Mar 11, 2021
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 289
SESSION 2021 PRINCIPAL CLERK
S D
SENATE BILL DRS35106-NB-55
Short Title: National Guard Modifications/Omnibus. (Public)
Sponsors: Senators Britt, Daniel, and Ford (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO TRANSFER THE NORTH CAROLINA NATIONAL GUARD TUITION
3 ASSISTANCE PROGRAM FROM THE STATE EDUCATION ASSISTANCE
4 AUTHORITY TO THE DEPARTMENT OF PUBLIC SAFETY, TO CODIFY THE
5 TARHEEL CHALLENGE ACADEMY, TO MAKE CHANGES TO THE BUTNER
6 TIMBER FUND SALE PROCEEDS, AND TO MAKE CHANGES TO THE NORTH
7 CAROLINA NATIONAL GUARD RESERVE JOBS ACT.
8 The General Assembly of North Carolina enacts:
9
10 PART I. TRANSFER TUITION ASSISTANCE PROGRAM
11 SECTION 1.(a) The North Carolina National Guard Tuition Assistance Program
12 administered by the State Education Assistance Authority is transferred to the Department of
13 Public Safety. This transfer shall have all of the elements of a Type I transfer, as defined in
14 G.S. 143A-6. The State Education Assistance Authority shall transfer all associated program
15 administration funds to the Department of Public Safety.
16 SECTION 1.(b) Part 2 of Article 23 of Chapter 116 of the General Statutes,
17 G.S. 116-209.50 through G.S. 116-209.55, is recodified as Article 15 of Chapter 127A of the
18 General Statutes, G.S. 127A-190 through G.S. 127A-195.
19 SECTION 1.(c) Article 15 of Chapter 127A of the General Statutes, as recodified as
20 Article 15 of Chapter 127A of the General Statutes by subsection (b) of this section, reads as
21 rewritten:
22 "Article 15.
23 "North Carolina National Guard Tuition Assistance Act of 1975.
24 "§ 127A-190. Short title.
25 This Part Article shall be known and may be cited as the North Carolina National Guard
26 Tuition Assistance Act of 1975.
27 "§ 127A-191. Purpose.
28 The General Assembly of North Carolina, recognizing that the North Carolina National
29 Guard is the only organized, trained and equipped military force subject to the control of the
30 State, hereby establishes a program of tuition assistance for qualifying guard members for the
31 purpose of encouraging voluntary membership in the North Carolina National Guard, improving
32 the educational level of its members, and thereby benefiting the State as a whole.
33 "§ 127A-192. Definitions.
34 The following definitions apply in this Part:
35 (1) Academic Year. – The annual enrollment period used by the Authority.
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1 (2) Private Educational Institutions. – Any junior college, senior college or
2 university which is operated and governed by private interests not under the
3 control of the federal, State or any local government, which is located within
4 and licensed by the State of North Carolina, which does not operate for profit,
5 whose curriculum is primarily directed toward the awarding of associate,
6 baccalaureate or graduate degrees, which agrees to the applicable
7 administration and funding provisions of this Part.
8 (3) Proprietary School. – An educational institution that is (i) defined as a
9 proprietary school in G.S. 115D-87(2), (ii) licensed by the State Board of
10 Community Colleges, and or (iii) listed by the North Carolina State Approving
11 Agency for Veterans and Military Education as an approved proprietary
12 school for purposes of this Part.
13 (3a) Secretary. – The Secretary of Public Safety or his or her designee.
14 (4) State Educational Institutions. – Any of the constituent institutions of the
15 University of North Carolina, or any community college operated under the
16 provisions of Chapter 115D of the General Statutes of North Carolina.
17 (5) Student Loan. – A loan or loans made to eligible students or parents of
18 students to aid in attaining an education beyond the high school level.
19 "§ 127A-193. Benefit.
20 The benefit provided under this Part Article shall consist of a monetary educational assistance
21 grant not to exceed the highest amount charged by a State educational institution per academic
22 year or a lesser amount, as prescribed by the Authority, Secretary, to remain within the funds
23 appropriated, to qualifying members of the North Carolina National Guard. Benefits provided
24 under G.S. 116-209.55(g) G.S. 127A-195(g) shall be payable for a period of one year at a time,
25 renewable at the option of the Authority. Secretary. All other benefits provided under this Part
26 Article shall be payable for a period of one academic year at a time, renewable at the option of
27 the Authority.Secretary.
28 "§ 127A-194. Eligibility.
29 (a) Active members of the North Carolina National Guard who are enrolled or who shall
30 enroll in any proprietary school, private educational institution, or State educational institution
31 shall be eligible to apply for this tuition assistance benefit: Provided, that the applicant has a
32 minimum obligation of two years remaining as a member of the North Carolina National Guard
33 from the end of the academic period for which tuition assistance is provided or that the applicant
34 commit himself or herself to extended membership for at least two additional years from the end
35 of that academic period.
36 (b) This tuition assistance benefit shall be applicable to students in the following
37 categories:
38 (1) Students seeking to achieve completion of their secondary school education
39 at a community college or technical institute.
40 (2) Students seeking trade or vocational training or education.
41 (3) Students seeking to achieve a two-year associate degree.
42 (4) Students seeking to achieve a four-year baccalaureate degree.
43 (5) Students seeking to achieve a graduate degree.
44 (6) Students enrolled in a program granting a graduate certificate.
45 (7) Students enrolled in a professional certification program recommended by the
46 Director of the North Carolina National Guard Education and Employment
47 Center and approved by the North Carolina National Guard Education
48 Services Officer.
49 (c) The following persons shall be eligible to apply for disbursements to pay outstanding
50 student loans pursuant to G.S. 116-209.55(g):G.S. 127A-195(g):
51 (1) Persons described in subsections (a) and (b) of this section.
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1 (2) Active members of the North Carolina National Guard who were previously
2 enrolled in any proprietary school, private educational institution, or State
3 educational institution, but only if:
4 a. The applicant has a minimum obligation of two years remaining as a
5 member of the North Carolina National Guard from the time of the
6 application; or
7 b. The applicant commits himself or herself to extended membership for
8 at least two additional years from the time of the application.
9 "§ 127A-195. Administration and funding.
10 (a) The Authority Secretary is charged with the administration of the tuition assistance
11 program under this Part. The Secretary may delegate administrative tasks to other persons within
12 the Department of Public Safety as the Secretary deems best for the orderly administration of this
13 program.
14 (b) The Authority Secretary shall determine the eligibility of applicants, select the benefit
15 recipients, establish the effective date of the benefit, and may suspend or revoke the benefit if the
16 Authority Secretary finds that the recipient does not maintain an adequate academic status, or if
17 the recipient engages in riots, unlawful demonstrations, the seizure of educational buildings, or
18 otherwise engages in disorderly conduct, breaches of the peace, or unlawful assemblies. The
19 Authority Secretary shall maintain such records and shall promulgate such rules and regulations
20 as the Authority Secretary deems necessary for the orderly administration of this program. The
21 Authority Secretary may require of proprietary schools or State or private educational institutions
22 such reports and other information as the Authority Secretary may need to carry out the
23 provisions of this Part Article and the Authority Secretary shall disburse benefit payments for
24 recipients upon certification of enrollment by the enrolling institutions.
25 (c) All tuition benefit disbursements shall be made to the proprietary school or State or
26 private educational institution concerned, for credit to the tuition account of each recipient. Funds
27 disbursed pursuant to subsection (g) of this section shall be made to the student loan creditor
28 concerned to be applied against the outstanding student loans of each North Carolina National
29 Guard member beneficiary.
30 (d) The participation by any proprietary school or private educational institution in this
31 program shall be subject to the applicable provisions of this Part Article and to examination by
32 the State Auditor of the accounts of the benefit recipients attending or having attended such
33 private schools or institutions. The Authority Secretary may defer making an award or may
34 suspend an award in any proprietary school or private educational institution which does not
35 comply with the provisions of this Part Article relating to said institutions. The manner of
36 payment to any proprietary school or private educational institution shall be as prescribed by the
37 Authority.Secretary.
38 (e) Irrespective of other provisions of this Part, Article, the Authority Secretary may
39 prescribe special procedures for adjusting the accounts of benefit recipients who, for reasons of
40 illness, physical inability to attend classes or for other valid reason satisfactory to the Authority,
41 Secretary, may withdraw from any proprietary school or State or private educational institution
42 prior to the completion of the term, semester, quarter or other academic period being attended at
43 the time of withdrawal.
44 (f) Any balance of the monetary educational assistance grant up to the maximum for the
45 academic year remaining after tuition is paid pursuant to subsection (c) of this section may be
46 disbursed to the recipient as reimbursement for required course books and materials. The manner
47 of obtaining the reimbursement payment for these required books and materials shall be as
48 prescribed by the Authority.Secretary.
49 (g) Any funds not needed to accomplish the other purposes of this Part Article may be
50 used to help members of the North Carolina National Guard repay outstanding student loans in
51 accordance with rules to be adopted by the Authority. Secretary. These rules shall provide that
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1 the length of a member's deployment may be considered in determining whether or not, and in
2 what amount, a member receives assistance pursuant to this subsection. There shall be no
3 reimbursement under this subsection for payments already made on student loans, and funds shall
4 not be provided under this subsection for the purpose of paying student loans obtained for courses
5 from which the member withdrew or for which the member did not receive a passing grade.
6 Payments for outstanding loans shall not exceed the maximum benefit available under G.S.
7 116-209.53.G.S. 127A-193."
8 SECTION 1.(e) This section becomes effective October 1, 2021.
9
10 PART II. TARHEEL CHALLENGE ACADEMY
11 SECTION 2.(a) Chapter 127A of the General Statutes is amended by adding a new
12 Article to read:
13 "Article 18.
14 "Tarheel Challenge Academy.
15 "§ 127A-220. Purpose; establishment.
16 The purpose of this Article is to authorize the North Carolina National Guard's Tarheel
17 Challenge Academy to operate independently of existing schools. The Tarheel Challenge
18 Academy is established as a Division of the North Carolina National Guard. The Tarheel
19 Challenge Academy shall satisfy all of the following:
20 (1) Exist as a cost-free program.
21 (2) Be housed for administrative purposes within the North Carolina National
22 Guard.
23 (3) Be a community-based school that leads, trains, and mentors at-risk youth.
24 (4) Be designated as an approved alternative learning program, as defined in this
25 Article, and an innovative school option.
26 (5) Create at least a 22-week residential program that requires a 12-month
27 post-residential mentoring period.
28 (6) Improve life skills and employment potential of participants by providing
29 quasi-military based training and supervised work experience.
30 (7) Teach the "8 Core Components" of academic excellence, job skills, health and
31 hygiene, physical fitness, life coping skills, responsible citizenship,
32 leadership, and service to community.
33 (8) Increase opportunity for participants to receive a high school diploma or its
34 equivalent.
35 (9) Enjoy the full cooperation of other State and local agencies in carrying out its
36 program.
37 "§ 127A-221. Definitions.
38 The following definitions apply for the purposes of this Article:
39 (1) Academy. – Tarheel Challenge Academy, a Division of the North Carolina
40 National Guard.
41 (2) Alternative learning program. – A program offered by the Academy that
42 provides specialized services for at-risk students outside of a standard
43 classroom setting. Services should be designed to meet the needs of students
44 who have not been successful in the traditional school setting.
45 (3) Eligible participant. – An individual who meets all of the following criteria:
46 a. Is a minimum of 16 years of age and a maximum of 18 years of age at
47 the time of entry into the program.
48 b. Has failed to complete or has left school for any reason before
49 graduation or completion of a program of studies without transferring
50 to another school and has not received a certificate from a program of
51 equivalency or has not progressed in a traditional high school setting.
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1 c. A citizen or legal resident of the United States.
2 d. Unemployed or underemployed.
3 e. Not currently on parole or probation and not accused or convicted of
4 a crime that would be considered a felony if the individual was an
5 adult.
6 f. Free from use of illegal drugs or substances.
7 g. Physically and mentally capable to participate in the alternative
8 learning program.
9 "§ 127A-222. Administration; supervision.
10 The general supervision and administration of the Academy shall be vested in the North
11 Carolina National Guard Adjutant General. It shall be the duty of the Adjutant General or his or
12 her designee to do all of the following:
13 (1) Create a written document that incorporates the terms and conditions imposed
14 on the Academy by the Federal Youth Challenge Program.
15 (2) Organize and establish all rules and regulations for the Academy, as
16 necessary.
17 (3) Direct and control all Academy personnel matters.
18 (4) Oversee and direct the administration and functioning of the alternative
19 learning program offered by the Academy."
20 SECTION 2.(b) This section becomes effective October 1, 2021.
21
22 PART III. BUTNER TIMBER FUND SALE PROCEEDS
23 SECTION 3. G.S. 146-30 reads as rewritte