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131.00.2-3-8. Exceptions to policy. [6 CAR § 530-308]

AR ADC 131.00.2-3-8Arkansas Administrative CodeEffective: January 1, 2024

West's Arkansas Administrative Code
Title 131. Military Department
Division 00.
Rule 2. Arkansas National Guard Tuition Waiver Program
Chapter 3. Administration [Subpart 3. Administration]
Effective: January 1, 2024
Ark. Admin. Code 131.00.2-3-8
Formerly cited as AR ADC 131.00.2-3-7
131.00.2-3-8. Exceptions to policy. [6 CAR § 530-308]
Currentness
(a) In the event a soldier or airman is denied for the National Guard Tuition Waiver, has benefits terminated, or is ordered to repay benefits pursuant to the provisions of this part, the soldier or airman may appeal any such action to the Education Services Officer, in writing, within thirty (30) calendar days from the date of termination, recoupment or denial.
(b) The Education Services Officer will serve as the Adjutant General's delegated approval authority for the National Guard Tuition Waiver exception to policy requests of soldiers and airmen in both the Arkansas Army and Air National Guard.
(c)(1) Exceptions to policy may be requested by soldiers and airmen, in writing, to the Education Services Officer.
(2) In order for the exception to policy to be considered they must include, at a minimum, the following information:
(A) Name of soldier or airman and unit or wing of assignment;
(B) Institution of higher education name and location;
(C) Semester year and month in question; and
(D) Reason for request that indicates that the situation was not:
(i) Due to the negligence or fault of the soldier or airman; and
(ii) Within the soldier or airman's reasonable control.
(d) The Education Services Officer will:
(1) Review the exception to policy request;
(2) Coordinate with the institution and the Division of Higher Education to resolve the exception to policy; and
(3) Provide written notification to the soldiers and airmen and the division of the final disposition.
(e) In the event a Guardsman's degree program exceeds the 120 semester credit hour limitation established in paragraph 3-3.b, an ETP request must also include documentation verifying the pursued degree's program requirements and the Guardsman's satisfactory progress towards the degree.
(1) This documentation will include, at a minimum, a degree plan validated by the Guardsman's academic advisor, school registrar, or similar authority; and a copy of the Guardsman's transcript through the date of the ETP request.
(2) For purposes of this section, a Guardsman may submit unofficial transcripts to the Education Office. The Education Office, though, reserves the right to request official transcripts for verification if the submitted documents are illegible or present any suspicion of tampering, alteration, or unauthorized modification.
(3) The ESO will review the submitted ETP request, transcripts, and degree plan before submitting a recommendation for continued NGTW eligibility beyond 120 semester credit hours to ADHE. Areas of review will, at a minimum, include the Guardsman's history of remedial courses, courses failed or dropped after the add/drop date, and the Guardsmen's overall academic progress towards the degree.
(4) The ESO may deny the ETP request or recommend approval to ADHE. In these instances, only ADHE may grant approval for continued use of the NGTW beyond 120 semester credit hours.
(f) Continued eligibility for the NGTW beyond 120 semester credit hours as outlined above is subject to the availability of funds and approval of ADHE. Guardsmen with a degree program exceeding 120 semester credit hours must submit an ETP request in each subsequent term until degree completion unless otherwise approved in writing by ADHE.

Credits

Authority. Arkansas Code § 6-60-214.
Adopted Jan. 1, 2020. Amended Jan. 1, 2022; Jan. 1, 2024.
Current with amendments received through June 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 131.00.2-3-8, AR ADC 131.00.2-3-8
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