Education & Employment

South Dakota National Guard Tuition Benefit

One hundred percent of in-state resident tuition for a member of the South Dakota National Guard, undergraduate and graduate, and since 2024 at in-state private nonprofit institutions as well. The GI Bill does not reduce it.

Also called: National Guard tuition, 33-6-5, 33-6-5.4, 100 percent, 128 credit hours, graduate 32 credit hours, private nonprofit, nonresident.

For: Veteran or service member.

Where it applies

Written for the jurisdictions listed here.

The figure moved in 2023 and the old one is everywhere. House Bill 1039 of that year took the South Dakota National Guard tuition benefit from fifty percent to one hundred percent of in-state resident tuition across four sections at once: undergraduate at a Board of Regents institution, graduate at a Regents institution, and the equivalents for courses not subsidised by the general fund. Section 33-6-6 puts the state technical college benefit at one hundred percent of tuition for one approved program of study. Guidance written against the pre-2023 text still says half. Nonresidents are inside it. Section 33-6-5 grants one hundred percent of the in-state resident tuition to a member of the South Dakota National Guard whether or not that member is a resident of the state, and 33-6-8.1 goes further by deeming a nonresident Guard member a resident for tuition purposes at any Regents institution, so the nonresident surcharge disappears rather than being paid out of pocket. The technical college benefit in 33-6-6 is narrower: it reaches only a member "who is a resident of the state". The credit ceilings are the real limit. One hundred twenty-eight credit hours toward a baccalaureate degree across 33-6-5 to 33-6-8, and thirty-two credit hours toward a graduate degree. What the GI Bill does to it: nothing. Section 33-6-5.4, added by the same 2023 act, defines "federal tuition benefit" as a benefit provided by the Department of Defense, the Department of the Army or the Department of the Air Force, and expressly excludes any benefit or entitlement provided by the Department of Veterans Affairs. So federal tuition assistance is applied first and the state pays the rest, but Chapter 33 or Chapter 30 entitlement is not counted at all. The combined federal and state benefit may not exceed one hundred percent of tuition, and that ceiling is measured against tuition assistance only. This is the mirror image of the wartime veterans entitlement in 13-55-2, which cannot be used until the GI Bill is exhausted. Private institutions came in with Senate Bill 29 of 2024. Sections 33-6-5.5 and 33-6-5.6 let an in-state private nonprofit postsecondary institution recognised under 26 U.S.C. 501(c)(3) as of January 1, 2024 and authorised under chapter 13-48 join the program. The institution must agree to accept the state benefit plus any federal tuition benefit as full and complete payment of tuition for a qualifying student, which is the condition that matters: the school absorbs the difference between its own tuition and the state maximum rather than billing the student. The Department of the Military publishes the maximum benefit for the coming academic year by July 1, and pays the institution within sixty days of a request. Eligibility under 33-6-7 is about being a Guard member in good standing, not about a rating or a discharge. The member must be in a South Dakota Army or Air National Guard unit throughout each semester or program applied for, have satisfactorily completed initial basic training, have satisfactorily performed duty on return from basic training including at least ninety percent attendance at scheduled drills and annual training with the parent unit, maintain satisfactory academic progress, and give the institution proper notice at registration for the term. The ninety percent drill attendance figure is the one students are caught by. Applications go to the Department of the Military rather than to the school or the Department of Veterans Affairs, and the adjutant general decides them.

Thresholds

Thresholds for South Dakota National Guard Tuition Benefit
GateRule
A serving Guard member throughout the termMembership in a South Dakota Army or Air National Guard unit throughout each semester or vocational program applied for, initial basic training completed, satisfactory duty on return including at least ninety percent attendance at scheduled drills and annual training, satisfactory academic progress, and notice to the institution at registration.
One hundred percent of in-state resident tuitionUndergraduate and graduate at Board of Regents institutions, including courses not subsidised by the general fund, and one approved program of study at a state technical college. Raised from fifty percent by House Bill 1039 of 2023.
128 undergraduate credit hours, 32 graduateThe benefits under 33-6-5 to 33-6-8 may not exceed one hundred twenty-eight credit hours toward a baccalaureate degree, and the graduate benefit may not exceed thirty-two credit hours.
VA education benefits are not counted against itSection 33-6-5.4 defines federal tuition benefit as Department of Defense, Army or Air Force tuition assistance and excludes anything from the Department of Veterans Affairs, so GI Bill entitlement does not reduce the state benefit.
Nonresidents are covered at Regents institutionsA nonresident member of the South Dakota National Guard receives one hundred percent of in-state resident tuition and is treated as a resident for tuition purposes under 33-6-8.1. The technical college benefit in 33-6-6 is limited to residents.
Private nonprofit institutions since 2024An in-state private nonprofit institution may participate if it accepts the state benefit plus any federal tuition benefit as full and complete payment of tuition. The Department of the Military publishes the maximum benefit by July 1 and pays within sixty days of a request.

Sources

Legislation

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Ch. 123, L. 2024 (Senate Bill 29) Opened the Guard tuition benefit to in-state private nonprofit institutions

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Opened the Guard tuition benefit to in-state private nonprofit colleges.

Created 33-6-5.5 and 33-6-5.6, letting an in-state private nonprofit postsecondary institution recognised under 26 U.S.C. 501(c)(3) as of January 1, 2024 and authorised under chapter 13-48 participate in the National Guard tuition benefit program. The condition that makes it work is that the institution must agree to accept the state benefit plus any federal tuition benefit as full and complete payment of tuition for a qualifying student, so the school absorbs the gap between its own tuition and the state maximum rather than billing the student. The Department of the Military publishes the maximum benefit for the coming academic year by July 1 and pays a participating institution within sixty days of a request.

Sponsor

  • The Chair of the Joint Committee on Appropriations at the request of the Department of the MilitarySenate

Touches SDCL § 33-6-5.5 · SDCL § 33-6-5.6 · SDCL § 33-6-7 · SDCL § 33-6-8

Official record

Ch. 110, L. 2023 (House Bill 1039) Took the National Guard tuition benefit from fifty percent to one hundred, and stopped counting the GI Bill against it

Catalog reconciledEnactedFigure movedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Raised the National Guard tuition benefit from 50 to 100 percent and stopped counting the GI Bill against it.

Amended 33-6-5, 33-6-5.1, 33-6-5.2, 33-6-5.3, 33-6-6 and 33-6-7 to raise the state tuition benefit for a member of the South Dakota National Guard from fifty percent to one hundred percent of in-state resident tuition, undergraduate and graduate, subsidised and unsubsidised, and at a state technical college. Section 7 of the same act created 33-6-5.4, which defines "federal tuition benefit" as a benefit provided by the United States Department of Defense, Department of the Army or Department of the Air Force and expressly excludes any benefit or entitlement provided by the United States Department of Veterans Affairs. The second half is the one nobody quotes: Department of Defense tuition assistance is applied before the state benefit, but GI Bill entitlement is not counted at all. That is the opposite of the rule in 13-55-2, which requires a wartime veteran to exhaust federal tuition benefits before the state pays anything.

Sponsor

  • The Committee on Military and Veterans Affairs at the request of the Department of the MilitaryHouse

Touches SDCL § 33-6-5 · SDCL § 33-6-5.1 · SDCL § 33-6-5.4 · SDCL § 33-6-6 · SDCL § 33-6-7

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.