(a) Beginning October 1, 2016, any member of the Alabama National Guard enrolled in a program leading to a certificate, or an associate or bachelor's degree at an accredited public institution of higher education, technical college, or community college within the State of Alabama may apply for a tuition reimbursement benefit as provided for in this section if the applicant under this chapter meets the following requirements:

(1) The individual is 17 years of age or over.

(2) The individual is a member of the Alabama National Guard in good standing throughout the period or semester for which that individual receives education benefits as indicated by continued satisfactory participation in the Alabama National Guard as required by all applicable laws and regulations of the Department of the Army, the Department of the Air Force, and the Alabama National Guard, and there is no unfavorable administrative action pending against him or her.

(b) Any member of the Alabama National Guard receiving educational benefits under this section and the educational institutions they attend must comply with the standards of Satisfactory Academic Progress (SAP) as required for Title IV benefits under the Higher Education Act and as defined by that education institution provided the member must maintain at least a cumulative 2.0 grade point average, or the letter equivalent. Those students who would no longer be eligible to receive Title IV benefits due to a failure to meet SAP standards shall no longer be eligible to receive benefits under this section.

(c) To the extent permitted by law, prior to applying any benefits provided for under this section, institutional certifying officials and financial aid officials shall first apply other federal, state, institutional, and third party scholarships and grants awarded to the member for that academic period for payment of required educational expenses during an academic period, but only for classes or courses that count towards the individual's degree or certificate plan as designed and approved by the college or institution attended for the individual's declared program of study.

(d) No public institution of higher education in this state shall impose a nonresident tuition rate or differential out-of-state resident fee on an Alabama National Guard member in good standing and who meets the requirements of subsection (a).

(e) All requirements under subsections (a) and (b) shall be met as a condition of obtaining any education assistance benefits under this chapter and continued eligibility for this exemption.

(f) The Alabama Commission on Higher Education shall be responsible for administering the overall policies, guidance, implementation, and proper utilization of the scholarship under this section.

(g) The tuition scholarship under this chapter shall be claimed for no more than a total of 120 academic hours or until the receipt of the first degree for which the scholarship is used, whichever comes first.

(h) Any member of the Alabama National Guard who fails to remain in good standing or is terminated from further service in the Alabama National Guard shall no longer be eligible for exemption benefits under this section and any benefits received by the member for the period, semester, or term in which he or she becomes ineligible shall be repaid by the member to the exempting institution.

(i) Any member who is expelled or dismissed by an institution of higher learning that provides scholarship benefits under this section to that member shall no longer be eligible for scholarship benefits under this section and shall repay all benefits received under this section to the institution.

(j) Any member who is disqualified from serving in the Alabama National Guard due solely to medical reasons shall be exempt from repaying any benefits received under this section.