51 Pa.C.S. Ch. 32

51 Pa.C.S. Ch. 32
in effect

51 Pa.C.S. § 3201 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency." The Pennsylvania Higher Education Assistance Agency. "Annual tuition rate." The in-State tuition rate, including a technology tuition fee, established or approved by May 1 of each year by the Board of Governors of the State System of Higher Education. "Approved institution of higher learning." An educational institution offering a post-secondary program of education located in this Commonwealth and approved by the agency. "Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training program, refresher, remedial or deficiency course or preparatory or special education training course necessary to enable the individual to pursue an approved program of education on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning. "Certificate of eligibility." A certificate issued by the department that certifies a member's eligibility to receive an educational assistance grant. "Combat zone." (Deleted by amendment). "Costs of attendance." Allowable educational expenses, as determined by the agency, that are consistent with the administration of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law. "Department." (Deleted by amendment). "Educational assistance." A benefit earned which shall be granted to an eligible member who has complied with all of the requirements provided for under this subchapter. "Eligible member." A member of the Pennsylvania National Guard who meets the criteria specified in section 3202 (relating to eligibility) and who has been awarded a certificate of eligibility under section 3203 (relating to certification of eligibility). "Full-time student." An eligible member enrolled in an approved institution of higher learning pursuing an approved program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study. "Fund." The Educational Assistance Program Fund. "Part-time student." An eligible member enrolled in an approved institution of higher education pursuing an approved program of education of less than 12 credit hours per semester or its equivalent that is recognized by the agency as a part-time course of study. "Program." The Educational Assistance Program. "Promissory note." A written contract signed by a member of the Pennsylvania National Guard in which the member promises to repay the awarded grant amount. "Qualified resident." (Deleted by amendment). "Technology tuition fee." A separate tuition fee established by the Board of Governors of the State System of Higher Education for rendering technology resources and services to enhance student learning experiences. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; Dec. 22, 2005, P.L.441, No.82, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended the def. of "approved program of education."

51 Pa.C.S. § 3202 Eligibility.

(a) General rule.--A member of the Pennsylvania National Guard is eligible to receive an educational assistance grant under this subchapter if the member meets all of the following eligibility criteria: (1) (Deleted by amendment). (2) Except as otherwise provided in subsection (d) and section 3206(b) (relating to limitations), the member is a member in good standing and has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General. (3) The member has enrolled as a student in an approved program of education at an approved institution of higher learning. (b) Additional eligibility criteria for full-time educational assistance grants.--In addition to the eligibility criteria specified in subsection (a), an eligible member must meet the following eligibility criteria to qualify for a full-time educational assistance grant: (1) (Deleted by amendment). (2) The member accepts an obligation to serve in the Pennsylvania National Guard for a period of six years and has not accepted an obligation under Subch. A.1 (relating to Military Family Education Program) for the same six-year period. (3) The member has enrolled as a full-time student in an approved program of education at an approved institution of higher learning. (4) The member is not receiving a Reserve Officer Training Corps (ROTC) Scholarship, excluding a Guaranteed Reserve Forces Duty Scholarship. (c) Discharge for disability incurred in the line of duty.--(Deleted by amendment). (c.1) Successive certificate.--Upon completion of a six-year obligation for which an eligible member received an educational assistance grant certificate of eligibility, an eligible member may receive successive educational assistance grant certificates of eligibility for a successive six-year commitment. (d) Retention of benefit.--A member who receives an other than dishonorable discharge before completing their six-year service obligation shall remain eligible for the earned proportional share of an educational assistance grant under this subchapter if the member meets all eligibility requirements outlined in subsections (a) and (b), except for continued membership in the Pennsylvania National Guard. The former member must begin a course of study within two years of their discharge, with the program scheduled to be completed no later than six years after the date of discharge, and must also meet one of the following additional eligibility conditions: (1) the member was discharged because of a medical determination that was not the result of the eligible member's misconduct; (2) the member was discharged at the convenience of the department or the Pennsylvania National Guard; or (3) the existence of other compelling circumstances determined by the Adjutant General that warrant retention of the proportional or full benefit or additional time to complete a course of study. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Section 5 of Act 32 provided that the Department of Military and Veterans Affairs shall issue a policy statement addressing the implementation of the addition of subsec. (d). Cross References. Section 3202 is referred to in sections 3201, 3203, 3206 of this title.

51 Pa.C.S. § 3203 Certification of eligibility.

The department shall certify members of the Pennsylvania National Guard as eligible to participate in the program who meet the eligibility criteria set forth in section 3202 (relating to eligibility) and shall provide the agency with a certificate of eligibility for an eligible member. Cross References. Section 3203 is referred to in section 3201 of this title.

51 Pa.C.S. § 3204 Grants.

(a) General rule.--From the funds appropriated for the purposes of this subchapter, grants shall be provided to eligible members for the purpose of pursuing approved programs of education. An educational assistance grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth. (b) Promissory notes.--Upon the receipt of the grant, an eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the grant if the eligible member fails to fulfill the service obligation under section 3207(a) (relating to recoupment of grant payments). (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.) Cross References. Section 3204 is referred to in section 3207 of this title.

51 Pa.C.S. § 3205 Amount of grants.

(a) Full-time educational assistance grants.--Grants awarded under this subchapter to full-time students shall be determined by the agency without regard to financial need and shall not exceed for each academic year the lesser of: (1) the tuition rate of the approved institution of higher learning for the number of credit hours per semester or its equivalent for the approved program of education in which the eligible member is enrolled; or (2) the annual tuition rate charged by a State System of Higher Education institution for the academic year. (b) Part-time student assistance grants.--Grants awarded under this subchapter to part-time students who may or may not possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of: (1) the tuition charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent in which the eligible member is enrolled; or (2) the annual tuition rate charged by a State System of Higher Education institution for the number of credit hours per semester or its equivalent in which the eligible member is enrolled for the same academic year or period. (b.1) Part-time student assistance grants for stduents possessing baccalaureate degrees.--(Deleted by amendment). (1) (Deleted by amendment). (2) (Deleted by amendment). (c) Other grants and financial aid.-- (1) The agency shall not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the eligible member's eligibility for or receipt of grants under this subchapter. (2) Prior to making a grant under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and then shall award a grant under this subchapter if the eligible member requires additional financial aid to cover the costs of attendance for an approved program of higher education. A grant under this subchapter shall be paid or refunded to the eligible member for approved costs of attendance. Grants authorized under this subchapter shall be reduced so that the total of all Federal and State military education benefits, as administered by the Pennsylvania National Guard, do not exceed 100% of the costs of attendance. (d) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide grants in the amounts set forth in this section to all eligible members, the agency and the department may reduce the maximum amount of the grants proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations. (e) Limit on charges.--Eligible members attending a State System of Higher Education institution shall not be charged additional tuition above the annual tuition rate. (May 10, 2000, P.L.36, No.11, eff. July 1, 2000; July 7, 2006, P.L.598, No.87, eff. 60 days; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; June 26, 2014, P.L.807, No.82, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.) 2019 Amendment. Act 32 amended subsecs. (a), (b) and (c), added subsec. (e) and deleted subsec. (b.1).

51 Pa.C.S. § 3206 Limitations.

(a) Time.-- (1) Except as otherwise provided in paragraph (2), no eligible member shall be eligible for full-time or part-time educational assistance grants or a combination thereof under this subchapter for a total of more than five academic years or their equivalent as determined by the agency. (2) An eligible member who withdraws from a program of education due to being ordered to serve on active duty for more than 30 consecutive days, including active duty for training, shall be granted an additional period of eligibility equal to the lost semester or its equivalent, whichever is longer. (3) When an eligible member withdraws from a program of education as provided for under paragraph (2), the eligible member shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence). (b) Active duty.-- (1) Except as otherwise provided in paragraph (2) or (3), no grant payments shall be made under this subchapter except during the eligible member's term of service as a member in good standing of the Pennsylvania National Guard. (2) For eligible members who were called or ordered to active Federal service or active State duty under section 508 (relating to active State duty for emergency) after September 11, 2001, the deadline for making grant payments shall be extended for one additional month for each month or part of month of such service after the eligible member is discharged or released under other than dishonorable conditions from the Pennsylvania National Guard. (3) For eligible members discharged because of a disability incurred in the line of duty who are eligible under section 3202(c) (relating to eligibility), the deadline for making grant payments shall be: (i) Six years after the eligible member's medical discharge for members discharged for a medical disability on or after the effective date of this paragraph unless extended under section 3202 (c)(6). (ii) Six years following the effective date of this paragraph for eligible members discharged for a medical disability after September 11, 2001, and before the effective date of this paragraph unless extended under section 3202 (c)(6). (c) Limit on tuition.--At no time may a State System of Higher Education institution charge an eligible member more than the in-State rate. (Dec. 22, 2005, P.L.441, No.82, eff. 60 days; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.) 2019 Amendment. Act 32 amended subsecs. (a) and (b)(2) and (3) and added subsec. (c). 2014 Amendment. Act 78 amended subsecs. (a)(1) and (b)(1). 2006 Amendment. Act 44 amended subsec. (b). Section 3 of Act 44 provided that the amendment of subsec. (b) shall apply to grants awarded for any course of study commenced on or after May 1, 2006. Cross References. Section 3206 is referred to in section 3202 of this title.

51 Pa.C.S. § 3207 Recoupment of grant payments.

(a) General rule.-- (1) Except as provided in paragraph (2), an eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of any grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3204(b) (relating to grants) shall be repaid by the eligible member upon demand by the agency on a schedule as the agency may determine. (2) Notwithstanding section 3204(b), an eligible member who fails to meet the six-year service obligation of this subchapter or meet other requirements established by the Adjutant General shall only be liable to the agency for a proportional share of the promissory note under section 3204(b). The agency shall reduce the amount owed by an eligible member based off the time of service obligation completed. (b) Forgiveness of recoupment.--The Adjutant General shall notify the agency and the agency shall forgive recoupment of all or part of an eligible member's grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation was the result of one of the following: (1) Death. (2) (Deleted by amendment). (2.1) Discharge because of a medical determination that is not due to the eligible member's misconduct. (3) (Deleted by amendment). (3.1) Discharge at the convenience of the department or the Pennsylvania National Guard. (4) The existence of other compelling circumstances that warrant forgiveness. (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.; July 7, 2025, P.L.108, No.32, eff. 60 days) Cross References. Section 3207 is referred to in section 3204 of this title.

51 Pa.C.S. § 3209 Administration.

(a) Appropriation and administrative costs.--The General Assembly shall appropriate funds to pay full-time and part-time educational assistance grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter and Subchapter B (relating to Specialty Branch Officer Incentive Program). (b) Limitation.--Administrative costs for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated. (June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.; July 20, 2026, P.L. , No.30, eff. 60 days) 2026 Amendment. Act 30 amended subsec. (a).

51 Pa.C.S. § 3210 Educational Assistance Program Fund.

(a) Establishment.--The Educational Assistance Program Fund is established as a special nonlapsing fund in the State Treasury. (b) Appropriation.--All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter and Subchapter B (relating to Specialty Branch Officer Incentive Program). (c) Administrative action prohibited.--No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received. (d) Use.--The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action. (Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.; July 20, 2026, P.L. , No.30, eff. 60 days) 2026 Amendment. Act 30 amended subsec. (b).

51 Pa.C.S. § 3210.1 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency." The Pennsylvania Higher Education Assistance Agency. "Annual tuition rate." The in-State tuition rate, including a technology tuition fee, established or approved by May 1 of each year by the Board of Governors of the State System of Higher Education. "Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency. "Approved program of education." A degree-granting or certificate-granting curriculum, course of study or training, refresher, remedial or deficiency course or preparatory or special education training course necessary to enable the individual to pursue an approved program of education on a full-time or part-time basis or its equivalent as determined by the agency, at an approved institution of higher learning. "Benefit." The Military Family Education Program grant which shall be given to an eligible member's assigned family member who has complied with all of the requirements provided for under this subchapter. "Certificate of eligibility." A certificate from the department that certifies a family member's eligibility for a Military Family Education Program grant. "Costs of attendance." Allowable educational expenses, as determined by the agency, that are consistent with the administration of the act of January 25, 1966 (1965 P.L.1546, No.541), referred to as the Higher Education Scholarship Law. "Eligible member." A member of the Pennsylvania National Guard who has completed an initial service obligation in the Pennsylvania National Guard and is eligible to reenlist in the Pennsylvania National Guard for a period of six years or, if a commissioned officer, is eligible to serve in the Pennsylvania National Guard for an additional six years. "Family member." A dependent of an eligible member who is enrolled in the United States Department of Defense's Defense Enrollment Eligibility Reporting System or would be eligible to enroll in the Defense Enrollment Eligibility Reporting System if the eligible member had not been discharged from the Pennsylvania National Guard. "Full-time student." A family member enrolled in an approved institution of higher learning pursuing an approved program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study. "Fund." The Military Family Education Program Fund established under section 3210.10 (relating to Military Family Education Program Fund). "Part-time student." A family member enrolled in an approved institution of higher education pursuing an approved program of education of less than 12 credit hours per semester or its equivalent that is recognized by the agency as a part-time course of study. "Promissory note." A written contract signed by a member of the Pennsylvania National Guard in which the member promises to repay the awarded Military Family Education Program grant amount. "Technology tuition fee." A separate tuition fee established by the Board of Governors of the State System of Higher Education for rendering technology resources and services to enhance student learning experiences. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended the def of "approved program of education."

51 Pa.C.S. § 3210.2 Eligibility.

(a) General rule.--A family member is eligible to receive a Military Family Education Program grant under this subchapter if all of the following eligibility criteria are met: (1) The eligible member from the Pennsylvania National Guard has been a satisfactory participant in the Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or a former eligible member has received an other than dishonorable discharge. (2) The eligible member accepted an obligation to serve in the Pennsylvania National Guard for a period of six years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) for the same six-year period. Upon completion of a six-year obligation for which an eligible member received a Military Family Education Program grant, an eligible member may receive successive Military Family Education Program grants for a successive six-year commitment. (3) The eligible member has assigned the benefit to the family member. (4) The family member has enrolled as a student in an approved program of education at an approved institution of higher learning. (5) If the family member is a spouse of an eligible member or former eligible member, then the spouse shall enroll in an approved program of education not more than six years after the eligible member or former eligible member's date of separation, medical discharge or death and the obligation stated under paragraph (2) has been fulfilled. The Adjutant General may for good cause extend the six-year deadline in cases of extenuating circumstances. (6) When an eligible member is ordered to serve on active duty for more than 30 consecutive days, including active duty for training, a family member who is the spouse may withdraw from a program of education and shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence). (b) Discharge for disability incurred in the line of duty.--(Deleted by amendment). (b.1) Retention of benefit.--A family member of an eligible member who received an other than dishonorable discharge prior to completing the six-year obligation shall remain eligible to receive the earned proportional share of a Military Family Education Program grant under this subchapter if the former eligible member meets one the following criteria: (1) the member was discharged because of a medical determination that was not the result of the eligible member's misconduct; (2) the member was discharged at the convenience of the department or the Pennsylvania National Guard; or (3) the existence of other compelling circumstances determined by the Adjutant General that warrant retention of the proportional or full benefit. (c) Death of an eligible member.--A family member of an eligible member who died while serving the obligation required in subsection (a)(2) shall remain eligible to receive a Military Family Education Program grant under this subchapter if the deceased eligible member met the following eligibility criteria at the time of death: (1) The deceased eligible member was eligible for an other than dishonorable discharge. (2) The deceased eligible member had accepted an obligation to serve in the Pennsylvania National Guard and was qualified to fulfill the service obligation but for the eligible member's death. (3) Upon an eligible member's death, if the eligible member has not assigned the family member or family members to receive the Military Family Education Program grant as provided for under this subchapter, the surviving spouse or the administrator or executor of the estate shall designate the family member or family members to receive the Military Family Education Program grant. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Section 5 of Act 32 provided that the Department of Military and Veterans Affairs shall issue a policy statement addressing the implementation of the addition of subsec. (b.1). Effective Date. Section 5(1) and (2) of Act 32 of 2019 provided that subsec. (a)(1) and (2) shall take effect July 1, 2019, subsec. (a)(3), (4) and (5) shall take effect August 1, 2020, and the remainder of the section shall take effect immediately. Cross References. Section 3210.2 is referred to in section 3210.7 of this title.

51 Pa.C.S. § 3210.3 Certification of eligibility.

The department shall provide the agency with a certificate of eligibility for each eligible family member that applies for a Military Family Education Grant.

51 Pa.C.S. § 3210.4 Military Family Education Program grants.

(a) General rule.--From the funds appropriated for the purposes of this subchapter, Military Family Education Program grants shall be provided to eligible family members for the purpose of pursuing an approved program of education. A Military Family Education Program grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth. (b) Promissory note.--Prior to entry into the Military Family Education Program the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the family member's Military Family Education Program grant if the eligible member fails to satisfactorily fulfill the eligible member's obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3210.7(a) (relating to recoupment of Military Family Education Program grant payments). Cross References. Section 3210.4 is referred to in section 3210.7 of this title.

51 Pa.C.S. § 3210.5 Amount of Military Family Education Program grants.

(a) Full-time Military Family Education Program grant.--Military Family Education Program grants awarded under this subchapter to full-time students shall be determined by the agency without regard to financial need and shall not exceed for each academic year the lesser of: (1) the tuition rate of the approved institution of higher learning for the number of credit hours per semester or its equivalent for the approved program of education in which the family member is enrolled; or (2) the annual tuition rate charged by a State System of Higher Education institution for the academic year. (b) Part-time Military Family Education Program grants.--Military Family Education Program grants awarded under this subchapter to part-time students who may or may not possess a baccalaureate degree shall be determined by the agency without regard to financial need and shall not exceed for each academic year or period the lesser of: (1) the tuition charged by the approved institution of higher learning for the number of credit hours per semester or its equivalent in which the family member is enrolled; or (2) the annual tuition rate charged by a State System of Higher Education institution for the number of credit hours per semester or its equivalent in which the family member is enrolled for the same academic year or period. (c) Other grants and financial aid.-- (1) The agency shall not reduce the amount of other agency grants or aid for which the family member qualifies on account of the family member's eligibility for or receipt of a Military Family Education Program grant under this subchapter. (2) Prior to making a Military Family Education Program grant under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the family member and then shall award a Military Family Education Program grant under this subchapter if the family member requires additional financial aid to cover the costs of attendance for an approved program of higher education. A Military Family Education Program grant under this subchapter shall be paid or refunded to the family member for approved costs of attendance. Military Family Education Program grants authorized under this section shall be reduced so that the total of all Federal and State military education benefits, as administered by the Pennsylvania National Guard, does not exceed 100% of the costs of attendance. (d) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the Military Family Education Program in any year will be insufficient to provide Military Family Education Program grants in the amounts set forth in this section to all family members, the agency and the department may reduce the maximum amount of the Military Family Education Program grants proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations. (e) Limit on charges.--Family members attending a State System of Higher Education institution shall not be charged additional tuition above the annual tuition rate. (f) Limit on tuition.--At no time may a State System of Higher Education institution charge a family member more than the in-State rate.

51 Pa.C.S. § 3210.6 Limitations.

(a) General rule.--No eligible member shall be permitted to assign more than five academic years or their equivalent, as determined by the agency per six-year commitment. (b) Assignment of benefit.--An eligible member may assign a portion of the entire benefit or the entire benefit by the number of credit hours per semester or its equivalent, as determined by the agency, to one or more family members, as the case may be. (July 7, 2025, P.L.108, No.32, eff. 60 days) 2025 Amendment. Act 32 amended subsec. (a).

51 Pa.C.S. § 3210.7 Recoupment of Military Family Education Program grant payments.

(a) General rule.-- (1) Except as provided in paragraph (2), an eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of Military Family Education Program grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation and the promissory note under section 3210.4(b) (relating to Military Family Education Program grants) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine. (2) Notwithstanding section 3210.4(b), an eligible member who fails to meet the six-year service obligation of this subchapter or meet other requirements established by the Adjutant General shall only be liable to the agency for a proportional share of the promissory note under section 3210.4(b). The agency shall reduce the amount owed by an eligible member based off the time of service obligation completed. (b) Forgiveness of recoupment.--Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of a family member's Military Family Education Program grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation is the result of one of the following: (1) The eligible member's death. If all provisions in section 3210.2(c) (relating to eligibility) are not met, the Military Family Education Program grant shall be repaid by the family member or family members who used the benefit upon demand of the agency on a schedule as the agency may determine. (2) The eligible member's discharge because of disability. (3) The eligible member's discharge because of a medical determination that was not due to the eligible member's misconduct. (3.1) The eligible member's discharge at the convenience of the department or the Pennsylvania National Guard. (4) The existence of other compelling circumstances that warrant forgiveness. (July 7, 2025, P.L.108, No.32, eff. 60 days) Cross References. Section 3210.7 is referred to in section 3210.4 of this title.

51 Pa.C.S. § 3210.9 Administration.

(a) Appropriation and administrative costs.--The General Assembly shall appropriate funds to pay full-time and part-time Military Family Education Program grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter. (b) Limitation.--Administrative costs for the fiscal year in which the Military Family Education Program is enacted, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated. (c) Initial use of funds.--Initial funding for the first 12-month period from the effective date of this subchapter may be used for administration and development of technological support applications.

51 Pa.C.S. § 3210.10 Military Family Education Program Fund.

(a) Establishment.--The Military Family Education Program Fund is established as a special nonlapsing fund in the State Treasury. (b) Appropriation.--All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter. (c) Administrative action prohibited.--No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received. (d) Use.--The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action. Cross References. Section 3210.10 is referred to in section 3210.1 of this title.

51 Pa.C.S. § 3211 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Behavioral health officer." (Deleted by amendment). "Chaplain." An officer who serves in the United States Army Chaplain Corps. "Health care officer." An officer who serves in one of the United States Air Force's following health care professions: (1) Doctor. (2) Nurse. (3) Dentist. (4) Allied Health. (5) Administration. "JAG officer." An officer who serves in the United States Army Judge Advocate General's Corps. "Medical officer." An officer who serves in one of the United States Army Medical Department's six corps: (1) Dental Corps. (2) Medical Corps. (3) Medical Services Corps. (4) Medical Specialist Corps. (5) Nurse Corps. (6) Veterinary Corps. "Medical officer or health officer." (Deleted by amendment). "Member in good standing." A member of the Pennsylvania National Guard who meets all medical, training, physical and educational requirements for service and who is a satisfactory participant in all scheduled duties and training periods. "Physician." (Deleted by amendment). "Physician assistant." (Deleted by amendment). "Program." The Specialty Branch Officer Incentive Program. "Public health officer" or "environmental science officer." (Deleted by amendment). "Resident physician." (Deleted by amendment). "Specialty branch officer." A chaplain, health care officer, JAG officer or medical officer. (July 20, 2026, P.L. , No.30, eff. 60 days)

51 Pa.C.S. § 3212 Establishment of program.

The Medical Officer or Health Officer Incentive Program is established within the department to provide educational stipends to eligible medical officers or health officers in accordance with the provisions of this subchapter.

51 Pa.C.S. § 3213 Program stipend.

(a) Stipend.-- (1) (Deleted by amendment). (2) (Deleted by amendment). (3) A medical officer or health care officer who is required to have obtained a doctoral degree for entry into the officer's military specialty and who meets the requirements under subsection (c) may receive a stipend of $1,000 per month for no more than 48 months of medical residency or the first 36 accession months of service to the Pennsylvania National Guard. (4) A medical officer or health care officer who is required to have obtained a master's degree for entry into the officer's military specialty and who meets the requirements under subsection (c) may receive a stipend of $750 per month for no more than 48 months of medical residency or the first 36 accession months of service to the Pennsylvania National Guard. (5) A medical officer or health care officer who is required to have obtained a bachelor's degree for entry into the officer's military specialty and who meets the requirements under subsection (c) may receive a stipend of $500 per month for no more than 48 months of medical residency or the first 36 accession months of service to the Pennsylvania National Guard. (6) A JAG officer who is required to have obtained a juris doctor degree and a license to practice law in this Commonwealth for entry into the officer's military specialty and who meets the requirements under subsection (c) may receive a stipend of $750 per month for the first 36 accession months of service to the Pennsylvania National Guard. (7) A chaplain who is required to obtain a bachelor's degree, an ecclesiastical endorsement and a seminary graduate degree, who is ordained for entry into the officer's military specialty and who meets the requirements under subsection (c), may receive a stipend of $750 per month for the first 36 accession months of service to the Pennsylvania National Guard. (b) Areas of concentration.--An area of concentration qualification for a medical or health care officer must be approved by the National Guard Bureau through a predetermination request completed by the Pennsylvania Army National Guard Army Medical Department Officer Strength Manager or the Pennsylvania Air National Guard State Air Surgeon. (b.1) Eligibility.--Medical officers and health care officers assigned to administrative, planning or logistical concentrations shall not be eligible for the program. (c) Requirements.--In order to qualify for a stipend under subsection (a), a specialty branch officer must meet all of the following: (1) Be a member in good standing with the Pennsylvania National Guard. (2) Be assigned to an appropriate medical, health, legal or religious position in the Pennsylvania National Guard. (3) Agree to serve as a specialty branch officer in the Pennsylvania National Guard for a period of one month for each monthly stipend received. This service obligation shall be concurrent with any other military service obligation of the officer. (4) For a medical officer or health care officer, meet Federal and State licensing requirements to practice within the officer's medical specialty within this Commonwealth. (5) Meet any applicable Federal requirements for the Pennsylvania National Guard. (6) For a medical officer or health care officer, once licensed and eligible to be granted, maintain clinical privileges as awarded at the National Guard level by the Centralized Credentials and Privileging Preparation Board. (d) Receipt of stipend.--A stipend under subsection (a) shall be paid to an eligible specialty branch officer whose application for the stipend is approved at the completion of each month of residency or service. A specialty branch officer may not receive a stipend under subsection (a) for more than 48 months during the period of service in the Pennsylvania National Guard. (e) Adjustments.--If the Adjutant General determines that the amount available for the program in any year will be insufficient to provide stipends in the amount described under subsection (a), the Adjutant General may place a cap on the number of specialty branch officers eligible to receive stipends or may adjust the amount of the annual stipend. (f) Construction.--Nothing in this section shall be construed to prohibit a medical officer or health care officer who is serving in the Pennsylvania National Guard before the effective date of this section and who meets the requirements under subsection (c) from receiving a stipend under subsection (a) during the period of medical residency or service. (July 20, 2026, P.L. , No.30, eff. 60 days) Cross References. Section 3213 is referred to in section 3214 of this title.

51 Pa.C.S. § 3214 Additional incentives.

To the extent that funds are available, the Adjutant General may, by regulation, establish additional incentives to aid in the recruitment and retention of specialty branch officers in the Pennsylvania National Guard, provided that payment of such additional incentives shall not result in a cap on participation or reduction in the amount of stipends paid under section 3213 (relating to program stipend). (July 20, 2026, P.L. , No.30, eff. 60 days)

51 Pa.C.S. § 3215 Promissory note.

Any recipient of a stipend or other incentive payment under this subchapter shall sign, as part of the application for the incentive payment, a promissory note in a form prescribed by the Adjutant General by which the recipient promises to repay all amounts received if the recipient fails to complete the service obligation required by this subchapter or to meet other requirements established by the Adjutant General. Cross References. Section 3215 is referred to in section 3216 of this title.

51 Pa.C.S. § 3216 Recoupment of incentive payments.

(a) Recoupment.--A recipient of a stipend or other incentive payment under this subchapter who fails to complete the recipient's service obligation or to meet other requirements established by the Adjutant General is liable to the Commonwealth for repayment of all incentive payments made. The Adjutant General shall notify the department if the recipient fails to complete the service obligation, and the promissory note under section 3215 (relating to promissory note) shall be called to secure payment in full upon demand on a schedule as the department may determine. (b) Forgiveness of recoupment.--The Adjutant General may forgive recoupment of all or part of a recipient's stipend or other incentive payment if the Adjutant General determines that the recipient's failure to fulfill the service obligation was the result of the recipient's death, discharge because of disability incurred in line of duty, discharge because of a medical determination that the recipient is medically unfit for duty when the medical condition is outside the recipient's control and is not due to the recipient's misconduct, mandatory discharge, release or retirement for age or years of service or discharge, release, transfer or retirement because of other compelling circumstances outside the recipient's control. (July 20, 2026, P.L. , No.30, eff. 60 days)

51 Pa.C.S. § 3217 Adjustment of stipend amounts.

Beginning with calendar year 2027, and every five years thereafter, the Adjutant General may adjust, by notice published in the Pennsylvania Bulletin, the amounts of the stipends specified in this subchapter by an amount equal to the change in the applicable Consumer Price Index in the preceding five years provided that the Adjutant General finds sufficient funds are appropriated and available to pay for the adjusted stipends. (July 20, 2026, P.L. , No.30, eff. 60 days)

51 Pa.C.S. § 3221 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Agency." The Pennsylvania Higher Education Assistance Agency. "Approved institution of higher learning." An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency. "Benefit." The program grant which shall be given to an eligible member's military college or approved institution of higher learning who meets all of the requirements provided for under this subchapter. "Cadet." A military trainee enrolled in a military college. "Early Commissioning Program." The United States Army ROTC program that allows a graduate of a military junior college to become a commissioned officer in two years in the reserve or National Guard components. "Eligible member." A full-time student who is a member of the Pennsylvania National Guard, is selected as a cadet, serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college. "Full-time student." An eligible member enrolled in an approved institution of higher learning pursuing an approved degree-producing program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study. "Military college." The Valley Forge Military College of Pennsylvania. "Military college tuition." The cost of attendance established annually by the college administration, including tuition and uniforms. The term does not include room, board or books. "Program." The Military College Educational Assistance Program established under section 3222 (relating to Military College Educational Assistance Program). "Simultaneous Membership Program." The Simultaneous Membership Program in which a reserve officer trainee assigned to a Pennsylvania Army National Guard unit participates simultaneously as a contracted cadet in the ROTC Advanced Course or Military Science I, II, III and IV levels of military instruction taught at a university or college in accordance with Cadet Command Regulation 145-11 (relating to Reserve Officers' Training Corps Simultaneous Membership Program (SMP)) in effect on the effective date of this section. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3221 to section 3231 and added present section 3221.

51 Pa.C.S. § 3222 Military College Educational Assistance Program.

(a) Establishment.--The Military College Educational Assistance Program is established. The purpose of the program is to provide benefits to eligible members. The program shall begin no later than the 2024-2025 academic year. (b) Funding.--Money in the Educational Assistance Program Fund shall be used to provide benefits under this subchapter and may not be used for any other purpose or be transferred or diverted to any other purpose by administrative action. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3222 to section 3232 and added present section 3222. Cross References. Section 3222 is referred to in section 3221 of this title.

51 Pa.C.S. § 3223 Eligibility.

An eligible member may apply for participation in the program if the eligible member does or meets all of the following: (1) Has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or is a former eligible member and has received a discharge other than a dishonorable discharge. (2) Has accepted an obligation to serve in the Pennsylvania National Guard for a period of at least eight years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) or A.1 (relating to Military Family Education Program) for the same service period. The service obligation to the Pennsylvania National Guard shall be two years as a cadet in the military college and eight years as a commissioned officer. (3) Serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college. (4) Provides proof of United States citizenship. (5) Provides proof of meeting physical standards, in effect on the effective date of this section, required to be considered to serve in the United States Army. (6) Provides proof of meeting academic standards, in effect on the effective date of this section, required to be considered to serve in the United States Army as a commissioned officer. (7) Provides a letter of intent. (8) Provides a letter of acceptance into the Early Commissioning Program.

51 Pa.C.S. § 3224 Program participation.

(a) Selection.--The department, with the assistance of the military college, shall evaluate the candidates for the program and make recommendations to the Adjutant General for selection. (b) Discharge for disability incurred in line of duty.--An eligible member who is discharged for medical disability shall be disenrolled from the program if the eligible member is unable to fulfill the service obligation to the Pennsylvania National Guard as required for the benefit under this subchapter. (c) Academic or military disqualification standards.--An eligible member who fails to meet academic or military qualification standards shall be disenrolled from the program under this subchapter. (d) Conditional release from Simultaneous Membership Program.--An eligible member may be released from Simultaneous Membership Program status for voluntary or involuntary reasons. The following apply: (1) An applicant who completes the senior Army ROTC program of instruction shall be released from Simultaneous Membership Program status in order to be accessed into the Pennsylvania National Guard as a commissioned officer. Release from Simultaneous Membership Program status under this subchapter shall terminate the eligible member's enlistment contract in exchange for a new officer contract. The eligible member shall incur an eight-year active drilling contractual obligation to the Pennsylvania National Guard upon appointment as a second lieutenant. (2) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is eligible to continue military service shall remain in the Pennsylvania National Guard as an enlisted soldier. An eligible member who becomes qualified as an enlisted soldier as provided under National Guard Regulation 600-100 (relating to commissioned officers Federal recognition and related personnel actions) in effect on the effective date of this section shall retain the benefit previously awarded during Simultaneous Membership Program status. (3) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is ineligible to continue military service for reasons other than medical conditions shall be discharged from the Pennsylvania National Guard as provided under National Guard Regulations 600-100 and 600-200 (relating to enlisted personnel management), in effect on the effective date of this section. An eligible member who is discharged under this subchapter shall be subject to recoupment under section 3227 (relating to recoupment of benefit payments).

51 Pa.C.S. § 3225 Benefit.

(a) Provision.--From the money appropriated for the purposes of this subchapter, benefit payments shall be provided to the military college or approved institution of higher learning on behalf of eligible members for the purpose of pursuing an approved degree-producing program. (b) Promissory note.--Prior to entry into the program, the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the benefit if the eligible member fails to satisfactorily fulfill the service obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3227(a) (relating to recoupment of benefit payments). (c) Amount.--Benefits awarded under this subchapter shall be: (1) in year one and two, the rate of military college tuition for the approved associate's degree-producing program; and (2) thereafter, the annual tuition rate charged by a State System of Higher Education institution for the completion of the eligible member's first bachelor's degree. (d) Other grants and financial aid.-- (1) The agency may not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the eligible member's eligibility for or receipt of a benefit under this subchapter. (2) Prior to making a benefit payment under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and shall award a benefit under this subchapter if the eligible member requires additional financial aid to cover the costs of attendance for an approved degree-producing program. (3) A benefit under this subchapter shall be paid or refunded to the eligible member for approved costs of attendance. (4) Benefits authorized under this section shall be reduced so that the total of Federal and State military education benefits, as administered by the Pennsylvania National Guard, does not exceed 100% of the costs of attendance. (e) Adjustments.--If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide benefits in the amounts specified in this section to each eligible member, the agency and the department may reduce the maximum amount of the benefits proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations. (f) Limit on charges.--Eligible members attending a State System of Higher Education institution may not be charged additional tuition above the annual tuition rate. (g) Limit on tuition.--A State System of Higher Education institution may not charge an eligible member more than the in-State rate. Cross References. Section 3225 is referred to in section 3227 of this title.

51 Pa.C.S. § 3226 Limitations.

An eligible member may not assign more than five academic years or their equivalent, as determined by the agency.

51 Pa.C.S. § 3227 Recoupment of benefit payments.

(a) Liability.--An eligible member who fails to meet the eight-year service obligation of this subchapter or other requirements established by the Adjutant General or the agency shall be liable to the Commonwealth for repayment of all or part of benefit payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3225(b) (relating to benefit) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine. (b) Forgiveness of recoupment.--Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of an eligible member's benefit payments if the Adjutant General determines that the eligible member's failure to fulfill the eight-year service obligation is the result of one of the following: (1) The eligible member's death. (2) The eligible member's discharge because of disability incurred in the line of duty. (3) The eligible member's discharge because of a medical determination that the eligible member is medically unfit for duty if the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct. (4) The existence of other compelling circumstances that warrant forgiveness. Cross References. Section 3227 is referred to in sections 3224, 3225 of this title.

51 Pa.C.S. § 3228 Administration.

The department shall issue guidelines to implement and administer this subchapter.

51 Pa.C.S. § 3231 Regulations.

The Adjutant General shall promulgate regulations to carry out the provisions of this chapter. (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3221 to present section 3231.

51 Pa.C.S. § 3232 Administration.

The General Assembly may appropriate funds to pay for grants under Subchapter B (relating to Medical Officer or Health Officer Incentive Program). (Nov. 3, 2022, P.L.2164, No.160, eff. 60 days) 2022 Amendment. Act 160 renumbered former section 3222 to present section 3232.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026

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