23-7.4:1 - Waiver of tuition and certain charges and fees for eligible children and spouses of certain militar...
§ 23-7.4:1. Waiver of tuition and certain charges and fees for eligiblechildren and spouses of certain military service members, eligible childrenand spouses of certain public safety personnel, and certain foreign students.
A. There is hereby established the Virginia Military Survivors and DependentsEducation Program. Qualified survivors and dependents of military servicemembers, who have been admitted to any public institution of higher educationor other public accredited postsecondary institution granting a degree,diploma, or certificate in the Commonwealth of Virginia, upon certificationto the Commissioner of the Department of Veterans Services of eligibilityunder this subsection, shall be admitted free of tuition and all requiredfees.
The Virginia Military Survivors and Dependents Education Program shall beimplemented pursuant to the following:
1. For the purposes of this subsection, "qualified survivors anddependents" means the spouse or a child between the ages of 16 and 29 of amilitary service member who, while serving as an active duty member in theUnited States Armed Forces, United States Armed Forces Reserves, the VirginiaNational Guard, or Virginia National Guard Reserve, during militaryoperations against terrorism, on a peacekeeping mission, as a result of aterrorist act, or in any armed conflict subsequent to December 6, 1941, waskilled or is missing in action or is a prisoner of war, or of a veteran who,due to such service, has been rated by the United States Department ofVeterans Affairs as totally and permanently disabled or at least 90%disabled, and has been discharged or released under conditions other thandishonorable. However, the Commissioner of the Department of VeteransServices may certify dependents above the age of 29 in those cases in whichextenuating circumstances prevented the dependent child from using hisbenefits before the age of 30.
2. Such qualified survivors and dependents shall be eligible for the benefitsconferred by this subsection if the military service member who was killed,is missing in action, is a prisoner of war, or is disabled (i) was a bonafide domiciliary of Virginia at the time of entering such active militaryservice or called to active duty as a member of the Armed Forces Reserves orVirginia National Guard Reserve; (ii) is and has been a bona fide domiciliaryof Virginia for at least five years immediately prior to the date on whichthe admission application was submitted by or on behalf of such qualifiedsurvivor or dependent for admission to such institution of higher educationor other public accredited postsecondary institution; (iii) if deceased, wasa bona fide domiciliary of Virginia on the date of his death and had been abona fide domiciliary of Virginia for at least five years immediately priorto his death; (iv) in the case of a qualified child, is deceased and thesurviving parent had been, at some time previous to marrying the deceasedparent, a bona fide domiciliary of Virginia for at least five years or is andhas been a bona fide domiciliary of Virginia for at least five yearsimmediately prior to the date on which the admission application wassubmitted by or on behalf of such child; or (v) in the case of a qualifiedspouse, is deceased and the surviving spouse had been, at some time previousto marrying the deceased spouse, a bona fide domiciliary of Virginia for atleast five years or is and has been a bona fide domiciliary of Virginia forat least five years prior to the date on which the admission application wassubmitted by such qualified spouse.
3. From such funds as may be appropriated and from such gifts, bequests andany gifts, grants, or donations from public or private sources, there ishereby established the Virginia Military Survivors and Dependents EducationFund for the sole purpose of providing financial assistance for board androom charges, books and supplies, and other expenses at any publicinstitution of higher education or other public accredited postsecondaryinstitution granting a degree, diploma, or certificate in the Commonwealth ofVirginia for the use and benefit of qualified survivors and dependents.
Each year, from the funds available in the Virginia Military Survivors andDependents Education Fund, the State Council of Higher Education for Virginiaand its member institutions shall determine the amount and the manner inwhich financial assistance shall be made available to beneficiaries and shallmake that information available to the Commissioner of the Department ofVeterans Services for distribution.
The State Council of Higher Education for Virginia shall be responsible fordisbursing to the institutions the funds appropriated or otherwise madeavailable by the Commonwealth of Virginia to support the Virginia MilitarySurvivors and Dependents Education Fund and shall report to the Commissionerof the Department of Veterans Services the beneficiaries' completion rate.
The maximum amount to be expended for each such survivor or dependentpursuant to this subsection shall not exceed, when combined with any otherform of scholarship, grant, or waiver, the actual costs related to thesurvivor's or dependent's educational expenses allowed under this subsection.
4. The Commissioner of the Department of Veterans Services shall designate asenior-level official who shall be responsible for developing andimplementing the agency's strategy for disseminating information about theMilitary Survivors and Dependents Education Program to those spouses anddependents who may qualify. The Department of Veterans Services shallcoordinate with the United States Department of Veterans Affairs to identifyveterans and qualified survivors and dependents. The Commissioner of theDepartment of Veterans Services shall report annually to the Governor and theGeneral Assembly as to the agency's policies and strategies relating todissemination of information about the Program. The report shall also includethe number of current beneficiaries, the educational institutions attended bybeneficiaries, and the completion rate of the beneficiaries.
B. The surviving spouse and any child between the ages of 16 and 25 whoseparent or whose spouse has been killed in the line of duty while employed orserving as a law-enforcement officer, sworn law-enforcement officer,firefighter, special forest warden pursuant to § 10.1-1135, member of arescue squad, special agent of the Department of Alcoholic Beverage Control,state correctional, regional or local jail officer, regional jail or jailfarm superintendent, sheriff, or deputy sheriff, member of the VirginiaNational Guard while serving on official state duty or federal duty underTitle 32 of the United States Code, or member of the Virginia State DefenseForce while serving on official state duty, and any person whose spouse waskilled in the line of duty while employed or serving in any of suchoccupations, shall be entitled to free undergraduate tuition and the paymentof required fees at any public institution of higher education or otherpublic accredited postsecondary institution granting a degree, diploma, orcertificate in Virginia under the following conditions:
1. The chief administrative officer of the Alcoholic Beverage Control Board,emergency medical services agency, law-enforcement agency, or otherappropriate agency or the Superintendent of State Police certifies that thedeceased parent or spouse was employed or serving as a law-enforcementofficer, sworn law-enforcement officer, firefighter, special forest wardenpursuant to § 10.1-1135, or member of a rescue squad or in any other capacityas specified in this section and was killed in the line of duty while servingor living in the Commonwealth; and
2. The child or spouse shall have been offered admission to such publicinstitution of higher education or other public accredited postsecondaryinstitution. Any child or spouse who believes he is eligible shall apply tothe public institution of higher education or other accredited postsecondaryinstitution to which he has been admitted for the benefits provided by thissubsection. The institution shall determine the eligibility of the applicantfor these benefits and shall also ascertain that the recipients are inattendance and are making satisfactory progress. The amounts payable fortuition, institutional charges and required fees, and books and supplies forthe applicants shall be waived by the institution accepting the students.
C. For the purposes of subsection B, user fees, such as room and boardcharges, shall not be included in this authorization to waive tuition andfees. However, all required educational and auxiliary fees shall be waivedalong with tuition.
D. Tuition and required fees may be waived for a student from a foreigncountry enrolled in a public institution of higher education through astudent exchange program approved by such institution, provided the number offoreign students does not exceed the number of students paying full tuitionand required fees to the institution under the provisions of the exchangeprogram for a given three-year period.
E. Each public institution of higher education and other public accreditedpostsecondary institution granting a degree, diploma, or certificate inVirginia shall include in its catalogue or equivalent publication a statementdescribing the benefits provided by subsections A and B.
(1996, cc. 931, 981; 1998, c. 377; 2001, c. 330; 2003, cc. 657, 670; 2005,cc. 773, 783; 2006, c. 793; 2007, cc. 116, 161, 717.)