173.260. Public service officers and employees disabled or killed in the line of duty, survivor's and disabled employee's educational grant program, requirements, limitations.
Public service officers and employees disabled or killed in the lineof duty, survivor's and disabled employee's educational grantprogram, requirements, limitations.
173.260. 1. As used in this section, unless the context clearlyrequires otherwise, the following terms mean:
(1) "Board", the coordinating board for higher education;
(2) "Eligible child", the natural, adopted or stepchild of a publicsafety officer or employee, as defined in this section, who is less thantwenty-four years of age and who is a dependent of a public safety officeror employee or was a dependent at the time of death or permanent and totaldisability of a public safety officer or employee;
(3) "Employee", any full-time employee of the department oftransportation engaged in the construction or maintenance of the state'shighways, roads and bridges;
(4) "Grant", the public safety officer or employee survivor grant asestablished by this section;
(5) "Institution of postsecondary education", any approved public orprivate institution as defined in section 173.205;
(6) "Line of duty", any action of a public safety officer, whoseprimary function is crime control or reduction, enforcement of the criminallaw, or suppression of fires, is authorized or obligated by law, rule,regulation or condition of employment or service to perform;
(7) "Public safety officer", any firefighter, police officer, capitolpolice officer, parole officer, probation officer, state correctionalemployee, water safety officer, park ranger, conservation officer orhighway patrolman employed by the state of Missouri or a politicalsubdivision thereof who is killed or permanently and totally disabled inthe line of duty;
(8) "Permanent and total disability", a disability which renders aperson unable to engage in any gainful work;
(9) "Spouse", the husband, wife, widow or widower of a public safetyofficer or employee at the time of death or permanent and total disabilityof such public safety officer;
(10) "Tuition", any tuition or incidental fee or both charged by aninstitution of postsecondary education, as defined in this section, forattendance at that institution by a student as a resident of this state.
2. Within the limits of the amounts appropriated therefor, thecoordinating board for higher education shall provide, as defined in thissection, a grant for either of the following to attend an institution ofpostsecondary education:
(1) An eligible child of a public safety officer or employee killedor permanently and totally disabled in the line of duty; or
(2) A spouse of a public safety officer killed or permanently andtotally disabled in the line of duty.
3. An eligible child or spouse may receive a grant under this sectiononly so long as the child or spouse is enrolled in a program leading to acertificate, or an associate or baccalaureate degree. In no event shall achild or spouse receive a grant beyond the completion of the firstbaccalaureate degree or, in the case of a child, age twenty-four years,except that the child may receive a grant through the completion of thesemester or similar grading period in which the child reaches histwenty-fourth year. No child or spouse shall receive more than one hundredpercent of tuition when combined with similar funds made available to suchchild or spouse.
4. The coordinating board for higher education shall:
(1) Promulgate all necessary rules and regulations for theimplementation of this section;
(2) Determine minimum standards of performance in order for a childor spouse to remain eligible to receive a grant under this program;
(3) Make available on behalf of an eligible child or spouse an amounttoward the child's or spouse's tuition which is equal to the grant to whichthe child or spouse is entitled under the provisions of this section;
(4) Provide the forms and determine the procedures necessary for aneligible child or spouse to apply for and receive a grant under thisprogram.
5. An eligible child or spouse who is enrolled or has been acceptedfor enrollment as an undergraduate postsecondary student at an approvedinstitution of postsecondary education shall receive a grant in an amountnot to exceed the least of the following:
(1) The actual tuition, as defined in this section, charged at anapproved institution where the child or spouse is enrolled or accepted forenrollment; or
(2) The amount of tuition charged a Missouri resident at theUniversity of Missouri for attendance as a full-time student, as defined insection 173.205.
6. An eligible child or spouse who is a recipient of a grant maytransfer from one approved public or private institution of postsecondaryeducation to another without losing his entitlement under this section.The board shall make necessary adjustments in the amount of the grant. Ifa grant recipient at anytime withdraws from the institution ofpostsecondary education so that under the rules and regulations of thatinstitution he is entitled to a refund of any tuition, fees, or othercharges, the institution shall pay the portion of the refund to which he isentitled attributable to the grant for that semester or similar gradingperiod to the board.
7. If an eligible child or spouse is granted financial assistanceunder any other student aid program, public or private, the full amount ofsuch aid shall be reported to the board by the institution and the eligiblechild or spouse.
8. Nothing in this section shall be construed as a promise orguarantee that a person will be admitted to an institution of postsecondaryeducation or to a particular institution of postsecondary education, willbe allowed to continue to attend an institution of postsecondary educationafter having been admitted, or will be graduated from an institution ofpostsecondary education.
9. A public safety officer who is permanently and totally disabledshall be eligible for a grant pursuant to the provisions of this section.
10. An eligible child of a public safety officer or employee, spouseof a public safety officer or public safety officer shall cease to beeligible for a grant pursuant to this section when such public safetyofficer or employee is no longer permanently and totally disabled.
(L. 1987 H.B. 487 § 1, A.L. 1998 H.B. 1694)