SB 870 — An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Educational Assistance Program, further providing for definitions, for eligibility and for recoupment of grant payments; and, in Military Family Education Program, further providing for definitions, for eligibility, for limitations and for recoupment of Military Family Education Program grant payments.

PRINTER'S NO.   965

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 870
                                                Session of
                                                  2025

     INTRODUCED BY PENNYCUICK, L. WILLIAMS, FONTANA, TARTAGLIONE,
        J. WARD, STEFANO, CAPPELLETTI AND VOGEL, JUNE 18, 2025

     REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
        JUNE 18, 2025


                                    AN ACT
 1   Amending Title 51 (Military Affairs) of the Pennsylvania
 2      Consolidated Statutes, in Educational Assistance Program,
 3      further providing for definitions, for eligibility and for
 4      recoupment of grant payments; and, in Military Family
 5      Education Program, further providing for definitions, for
 6      eligibility, for limitations and for recoupment of Military
 7      Family Education Program grant payments.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The definition of "approved program of education"
11   in section 3201 of Title 51 of the Pennsylvania Consolidated
12   Statutes is amended to read:
13   § 3201.    Definitions.
14      The following words and phrases when used in this subchapter
15   shall have the meanings given to them in this section unless the
16   context clearly indicates otherwise:
17      * * *
18      "Approved program of education."     A degree-granting or
19   certificate-granting curriculum, course of study or training
20   program [required for entrance into a specific career to be
 1   pursued on a full-time or part-time basis or its equivalent as
 2   determined by the agency, at an approved institution of higher
 3   learning.], refresher, remedial or deficiency course or
 4   preparatory or special education training course necessary to
 5   enable the individual to pursue an approved program of education
 6   on a full-time or part-time basis or its equivalent as
 7   determined by the agency, at an approved institution of higher
 8   learning.
 9      * * *
10      Section 2.      Sections 3202 and 3207 of Title 51 are amended to
11   read:
12   § 3202.    Eligibility.
13      (a)    General rule.--A member of the Pennsylvania National
14   Guard is eligible to receive an educational assistance grant
15   under this subchapter if the member meets all of the following
16   eligibility criteria:
17             (2)    Except as otherwise provided in subsection [(c)] (d)
18      and section 3206(b) (relating to limitations), the member is
19      a member in good standing and has been a satisfactory
20      participant in Pennsylvania National Guard activities for a
21      minimum service period established by the Adjutant General.
22             (3)    The member has enrolled as a student in an approved
23      program of education at an approved institution of higher
24      learning.
25      (b)    Additional eligibility criteria for full-time
26   educational assistance grants.--In addition to the eligibility
27   criteria specified in subsection (a), an eligible member must
28   meet the following eligibility criteria to qualify for a full-
29   time educational assistance grant:
30             [(1)    The member does not possess a baccalaureate

20250SB0870PN0965                      - 2 -
 1      degree.]
 2             (2)   The member accepts an obligation to serve in the
 3      Pennsylvania National Guard for a period of six years and has
 4      not accepted an obligation under Subch. A.1 (relating to
 5      Military Family Education Program) for the same six-year
 6      period.
 7             (3)   The member has enrolled as a full-time student in an
 8      approved program of education at an approved institution of
 9      higher learning.
10             (4)   The member is not receiving a Reserve Officer
11      Training Corps (ROTC) Scholarship, excluding a Guaranteed
12      Reserve Forces Duty Scholarship.
13      [(c)    Discharge for disability incurred in the line of
14   duty.--A member who is discharged for medical disability after
15   September 11, 2001, shall remain eligible to receive an
16   educational assistance grant under this subchapter if the member
17   meets all of the following eligibility criteria:
18             (1)   The medical disability was incurred in the line of
19      duty and was not the result of misconduct.
20             (2)   The medical condition giving rise to the discharge
21      did not exist prior to the member entering service in the
22      Pennsylvania National Guard.
23             (3)   The medical disability was incurred while performing
24      authorized military duty other than basic training, advanced
25      individual training or other equivalent initial training.
26             (4)   The former member received an other than
27      dishonorable discharge for medical reasons.
28             (5)   The former member accepted an obligation to serve in
29      the Pennsylvania National Guard and was qualified to fulfill
30      the service obligation but for the medical disability that

20250SB0870PN0965                     - 3 -
 1      resulted in discharge.
 2            (6)   The former member commences a full-time or part-time
 3      course of study within two years of medical discharge or
 4      within two years of the effective date of this subsection,
 5      such course of study having a completion date of not more
 6      than six years following the date of medical discharge for
 7      members discharged for medical disability on or after the
 8      effective date of this subsection or of not more than six
 9      years following the effective date of this subsection for
10      members discharged for a medical disability after September
11      11, 2001, and before the effective date of this subsection.
12      The Adjutant General may for good cause extend these
13      deadlines when the former member's disability is shown to
14      require additional time for the former member to commence or
15      complete a course of study.
16            (7)   The former member meets all eligibility criteria
17      specified in subsections (a) and (b) except membership in the
18      Pennsylvania National Guard.]
19      (c.1)   Successive certificate.--Upon completion of a six-year
20   obligation for which an eligible member received an educational
21   assistance grant certificate of eligibility, an eligible member
22   may receive a successive educational assistance grant
23   certificate of eligibility for a successive six-year commitment.
24      (d)   Retention of benefit.--A member who receives an other
25   than dishonorable discharge before completing their six-year
26   service obligation shall remain eligible for the earned
27   proportional share of an educational assistance grant under this
28   subchapter if the member meets all eligibility requirements
29   outlined in subsections (a) and (b), except for continued
30   membership in the Pennsylvania National Guard. The former member

20250SB0870PN0965                    - 4 -
 1   must begin a course of study within two years of their
 2   discharge, with the program scheduled to be completed no later
 3   than six years after the date of discharge, and must also meet
 4   one of the following additional eligibility conditions:
 5             (1)   the member was discharged because of a medical
 6      determination that was not the result of the eligible
 7      member's misconduct;
 8             (2)   the member was discharged at the convenience of the
 9      department or the Pennsylvania National Guard; or
10             (3)   the existence of other compelling circumstances
11      determined by the Adjutant General that warrant retention of
12      the proportional or full benefit or additional time to
13      complete a course of study.
14   § 3207.    Recoupment of grant payments.
15      (a)    General rule.--[An]
16             (1)   Except as provided in paragraph (2), an eligible
17      member who fails to meet the six-year service obligation of
18      this subchapter or to meet other requirements established by
19      the Adjutant General or the agency is liable to the
20      Commonwealth for repayment of all or part of any grant
21      payments made. The Adjutant General shall notify the agency
22      if an eligible member fails to complete the service
23      obligation, and the promissory note under section 3204(b)
24      (relating to grants) shall be repaid by the eligible member
25      upon demand by the agency on a schedule as the agency may
26      determine.
27             (2)   Notwithstanding section 3204(b), an eligible member
28      who fails to meet the six-year service obligation of this
29      subchapter or meet other requirements established by the
30      Adjutant General shall only be liable to the agency for a

20250SB0870PN0965                     - 5 -
 1      proportional share of the promissory note under section
 2      3204(b). The agency shall reduce the amount owed by an
 3      eligible member based off the time of service obligation
 4      completed.
 5      (b)   Forgiveness of recoupment.--The Adjutant General shall
 6   notify the agency and the agency shall forgive recoupment of all
 7   or part of an eligible member's grant payments if the Adjutant
 8   General determines that the eligible member's failure to fulfill
 9   the six-year service obligation was the result of one of the
10   following:
11            (1)    Death.
12            [(2)    Discharge because of disability incurred in line of
13      duty.
14            (3)    Discharge because of a medical determination that
15      the eligible member is medically unfit for duty when the
16      medical condition is outside the eligible member's control
17      and is not due to the eligible member's misconduct.]
18            (2.1)    Discharge because of a medical determination that
19      is not due to the eligible member's misconduct.
20            (3.1)    Discharge at the convenience of the department or
21      the Pennsylvania National Guard.
22            (4)    The existence of other compelling circumstances that
23      warrant forgiveness.
24      Section 3.      The definition of "approved program of education"
25   in section 3210.1 of Title 51 is amended to read:
26   § 3210.1.      Definitions.
27      The following words and phrases when used in this subchapter
28   shall have the meanings given to them in this section unless the
29   context clearly indicates otherwise:
30      * * *

20250SB0870PN0965                     - 6 -
 1      "Approved program of education."      A degree-granting or
 2   certificate-granting curriculum, course of study or training
 3   [required for entrance into a specific career to be pursued on a
 4   full-time or part-time basis or its equivalent as determined by
 5   the agency, at an approved institution of higher learning.],
 6   refresher, remedial or deficiency course or preparatory or
 7   special education training course necessary to enable the
 8   individual to pursue an approved program of education on a full-
 9   time or part-time basis or its equivalent as determined by the
10   agency, at an approved institution of higher learning.
11      * * *
12      Section 4.      Sections 3210.2, 3210.6(a) and 3210.7 of Title 51
13   are amended to read:
14   § 3210.2.      Eligibility.
15      (a)   General rule.--A family member is eligible to receive a
16   Military Family Education Program grant under this subchapter if
17   all of the following eligibility criteria are met:
18            (1)    The eligible member from the Pennsylvania National
19      Guard has been a satisfactory participant in the Pennsylvania
20      National Guard activities for a minimum service period
21      established by the Adjutant General or a former eligible
22      member has received an other than dishonorable discharge.
23            (2)    The eligible member accepted an obligation to serve
24      in the Pennsylvania National Guard for a period of six years
25      and has not accepted an obligation under Subchapter A
26      (relating to Educational Assistance Program) for the same
27      six-year period. Upon completion of a six-year obligation for
28      which an eligible member received a Military Family Education
29      Program grant, an eligible member may receive a successive
30      Military Family Education Program grant for a successive six-

20250SB0870PN0965                     - 7 -
 1      year commitment.
 2             (3)   The eligible member has assigned the benefit to the
 3      family member.
 4             (4)   The family member has enrolled as a student in an
 5      approved program of education at an approved institution of
 6      higher learning.
 7             (5)   If the family member is a spouse of an eligible
 8      member or former eligible member, then the spouse shall
 9      enroll in an approved program of education not more than six
10      years after the eligible member or former eligible member's
11      date of separation, medical discharge or death and the
12      obligation stated under paragraph (2) has been fulfilled. The
13      Adjutant General may for good cause extend the six-year
14      deadline in cases of extenuating circumstances.
15             (6)   When an eligible member is ordered to serve on
16      active duty for more than 30 consecutive days, including
17      active duty for training, a family member who is the spouse
18      may withdraw from a program of education and shall be granted
19      an educational leave of absence as provided for under section
20      7313 (relating to educational leave of absence).
21      [(b)    Discharge for disability incurred in the line of
22   duty.--A family member of an eligible member who is discharged
23   for medical disability shall remain eligible to receive a
24   Military Family Education Program grant under this subchapter if
25   the former eligible member's medical disability meets the
26   following criteria:
27             (1)   The medical disability was incurred in the line of
28      duty and was not the result of misconduct.
29             (2)   The medical condition giving rise to the discharge
30      did not exist prior to the eligible member entering service

20250SB0870PN0965                     - 8 -
 1      in the Pennsylvania National Guard.
 2            (3)   The medical disability was incurred while performing
 3      authorized military duty other than basic training, advanced
 4      individual training or other equivalent initial training.
 5            (4)   The former eligible member received an other than
 6      dishonorable discharge for medical reasons.
 7            (5)   The former eligible member had accepted an
 8      obligation to serve in the Pennsylvania National Guard and
 9      was qualified to fulfill the service obligation but for the
10      medical disability that resulted in discharge.]
11      (b.1)   Retention of benefit.--A family member of an eligible
12   member who received an other than dishonorable discharge prior
13   to completing the six-year obligation, shall remain eligible to
14   receive the earned proportional share of a Military Family
15   Education Program grant under this subchapter if the former
16   eligible member meets one the following criteria:
17            (1)   the member was discharged because of a medical
18      determination that was not the result of the eligible
19      member's misconduct;
20            (2)   the member was discharged at the convenience of the
21      department or the Pennsylvania National Guard; or
22            (3)   the existence of other compelling circumstances
23      determined by the Adjutant General that warrant retention of
24      the proportional or full benefit.
25      (c)   Death of an eligible member.--A family member of an
26   eligible member who died while serving the obligation required
27   in subsection (a)(2) shall remain eligible to receive a Military
28   Family Education Program grant under this subchapter if the
29   deceased eligible member met the following eligibility criteria
30   at the time of death:

20250SB0870PN0965                    - 9 -
 1            (1)    The deceased eligible member was eligible for an
 2      other than dishonorable discharge.
 3            (2)    The deceased eligible member had accepted an
 4      obligation to serve in the Pennsylvania National Guard and
 5      was qualified to fulfill the service obligation but for the
 6      eligible member's death.
 7            (3)    Upon an eligible member's death, if the eligible
 8      member has not assigned the family member or family members
 9      to receive the Military Family Education Program grant as
10      provided for under this subchapter, the surviving spouse or
11      the administrator or executor of the estate shall designate
12      the family member or family members to receive the Military
13      Family Education Program grant.
14   § 3210.6.      Limitations.
15      (a)   General rule.--No eligible member shall be permitted to
16   assign more than five academic years or their equivalent, as
17   determined by the agency per six-year commitment.
18      * * *
19   § 3210.7.      Recoupment of Military Family Education Program grant
20                  payments.
21      (a)   General rule.--[An]
22            (1)    Except as provided in paragraph (2), an eligible
23      member who fails to meet the six-year service obligation of
24      this subchapter or to meet other requirements established by
25      the Adjutant General or the agency is liable to the
26      Commonwealth for repayment of all or part of Military Family
27      Education Program grant payments made. The Adjutant General
28      shall notify the agency if an eligible member fails to
29      complete the service obligation and the promissory note under
30      section 3210.4(b) (relating to Military Family Education

20250SB0870PN0965                     - 10 -
 1      Program grants) shall be repaid by the eligible member upon
 2      demand of the agency on a schedule as the agency may
 3      determine.
 4            (2)   Notwithstanding section 3210.4(b), an eligible
 5      member who fails to meet the six-year service obligation of
 6      this subchapter or meet other requirements established by the
 7      Adjutant General shall only be liable to the agency for a
 8      proportional share of the promissory note under section
 9      3210.4(b). The agency shall reduce the amount owed by an
10      eligible member based off the time of service obligation
11      completed.
12      (b)   Forgiveness of recoupment.--Upon notification by the
13   Adjutant General, the agency shall forgive recoupment of all or
14   part of a family member's Military Family Education Program
15   grant payments if the Adjutant General determines that the
16   eligible member's failure to fulfill the six-year service
17   obligation is the result of one of the following:
18            (1)   The eligible member's death. If all provisions in
19      section 3210.2(c) (relating to eligibility) are not met, the
20      Military Family Education Program grant shall be repaid by
21      the family member or family members who used the benefit upon
22      demand of the agency on a schedule as the agency may
23      determine.
24            (2)   The eligible member's discharge because of
25      disability [incurred in the line of duty].
26            (3)   The eligible member's discharge because of a medical
27      determination that [the eligible member is medically unfit
28      for duty when the medical condition is outside the eligible
29      member's control and is] was not due to the eligible member's
30      misconduct.

20250SB0870PN0965                    - 11 -
1          (3.1)    The eligible member's discharge at the convenience
2      of the department or the Pennsylvania National Guard.
3          (4)   The existence of other compelling circumstances that
4      warrant forgiveness.
5      Section 5.   The Department of Military and Veterans Affairs
6   shall issue a policy statement addressing the implementation of
7   the addition of 51 Pa.C.S. §§ 3202(d) and 3210.2(b.1).
8      Section 6.   This act shall take effect in 60 days.




20250SB0870PN0965                  - 12 -