1 | 1 | | 1 HB311 |
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2 | 2 | | 2 217156-1 |
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3 | 3 | | 3 By Representative Lovvorn |
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4 | 4 | | 4 RFD: Ways and Means Education |
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5 | 5 | | 5 First Read: 08-FEB-22 |
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6 | 6 | | |
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7 | 7 | | Page 0 1 217156-1:n:02/07/2022:KMS*/cr LSA2022-565 |
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10 | 10 | | 4 |
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11 | 11 | | 5 |
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12 | 12 | | 6 |
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13 | 13 | | 7 |
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14 | 14 | | 8 SYNOPSIS: Under existing law, the Alabama G.I. and |
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15 | 15 | | 9 Dependents' Educational Benefit Act provides |
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16 | 16 | | 10 scholarship benefits for postsecondary education to |
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17 | 17 | | 11 the dependents of veterans based on certain |
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18 | 18 | | 12 conditions. |
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19 | 19 | | 13 This bill would provide that the scholarship |
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20 | 20 | | 14 benefits are provided for instruction at any public |
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21 | 21 | | 15 or private two-year or four-year institution of |
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22 | 22 | | 16 higher education that is physically located in the |
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23 | 23 | | 17 state and receives state funds. |
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24 | 24 | | 18 This bill would also remove an obsolete |
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25 | 25 | | 19 program that allows certain veterans to take |
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26 | 26 | | 20 correspondence courses. |
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27 | 27 | | 21 |
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28 | 28 | | 22 A BILL |
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29 | 29 | | 23 TO BE ENTITLED |
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30 | 30 | | 24 AN ACT |
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31 | 31 | | 25 |
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32 | 32 | | 26 Relating to the Alabama G.I. and Dependents' |
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33 | 33 | | 27 Educational Benefit Act; to amend Sections 31-6-2, as amended |
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34 | 34 | | Page 1 1 by Act 2021-444, 2021 Regular Session, 31-6-2.1, as added by |
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35 | 35 | | 2 Act 2021-444, 2021 Regular Session, 31-6-3, 31-6-4, as amended |
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36 | 36 | | 3 by Act 2021-84, 2021 Regular Session, 31-6-5, 31-6-6, 31-6-9, |
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37 | 37 | | 4 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, and |
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38 | 38 | | 5 31-6-16, Code of Alabama 1975, to provide that scholarship |
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39 | 39 | | 6 benefits may be used for instruction at any public or private |
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40 | 40 | | 7 two-year or four-year institution of higher education located |
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41 | 41 | | 8 in the state that receives state funds; to remove an obsolete |
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42 | 42 | | 9 correspondence course benefit; to make nonsubstantive, |
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43 | 43 | | 10 technical revisions to update the existing code language to |
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44 | 44 | | 11 current style; and to repeal Section 31-6-8, Code of Alabama |
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45 | 45 | | 12 1975, relating to Alabama G.I. Scholarships. |
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46 | 46 | | 13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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47 | 47 | | 14 Section 1. Sections 31-6-2, as amended by Act |
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48 | 48 | | 15 2021-444, 2021 Regular Session, 31-6-2.1, as added by Act |
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49 | 49 | | 16 2021-444, 2021 Regular Session, 31-6-3, 31-6-4, as amended by |
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50 | 50 | | 17 Act 2021-84, 2021 Regular Session, 31-6-5, 31-6-6, 31-6-9, |
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51 | 51 | | 18 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, and |
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52 | 52 | | 19 31-6-16 of the Code of Alabama 1975, are amended to read as |
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53 | 53 | | 20 follows: |
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54 | 54 | | 21 "§31-6-2. |
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55 | 55 | | 22 "For the purposes of this chapter, the following |
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56 | 56 | | 23 terms shall have the meanings ascribed to them by this |
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57 | 57 | | 24 section: |
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58 | 58 | | 25 "(1) ARMED FORCES. The term includes Includes the |
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59 | 59 | | 26 United States Army, Air Force, Navy, Marine Corps, Space |
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60 | 60 | | 27 Force, and Coast Guard. The term also includes the units of |
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61 | 61 | | Page 2 1 those branches of the services having women troops and the |
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62 | 62 | | 2 Army, Navy, Marine Corps, and Coast Guard Nurse Corps. |
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63 | 63 | | 3 "(2) COMPREHENSIVE TRANSITION AND POSTSECONDARY |
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64 | 64 | | 4 PROGRAM FOR STUDENTS WITH INTELLECTUAL DISABILITIES. Has the |
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65 | 65 | | 5 same meaning as in 20 U.S.C. § 1140. |
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66 | 66 | | 6 "(3) HUSBAND. Spouse. |
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67 | 67 | | 7 "(3) QUALIFYING PRIVATE SCHOOL. Any regionally |
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68 | 68 | | 8 accredited private two-year or four-year institution of higher |
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69 | 69 | | 9 education physically located in the state that receives a |
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70 | 70 | | 10 direct appropriation from the state or whose resident students |
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71 | 71 | | 11 may receive appropriations from the state through the Alabama |
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72 | 72 | | 12 Student Grant Program. |
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73 | 73 | | 13 "(4) QUALIFYING SCHOOL. An institution which is |
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74 | 74 | | 14 either a qualifying state school or a qualifying private |
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75 | 75 | | 15 school as defined by this chapter. |
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76 | 76 | | 16 "(5) QUALIFYING STATE SCHOOL. An Alabama public |
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77 | 77 | | 17 two-year or four-year institution of higher education. |
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78 | 78 | | 18 "(6) SPOUSE. Husband or wife. |
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79 | 79 | | 19 "(4)(7) TUITION. Fees for instruction. |
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80 | 80 | | 20 "(5)(8) TUITION AND FEES. All fees known and classed |
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81 | 81 | | 21 as instructional fees. |
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82 | 82 | | 22 "(6)(9) WIDOW or WIDOWER. An individual whose spouse |
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83 | 83 | | 23 is deceased and who has not remarried. |
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84 | 84 | | 24 "(7) WIFE. Spouse. |
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85 | 85 | | 25 "§31-6-2.1. |
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86 | 86 | | 26 "For the purposes of this chapter, in addition to |
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87 | 87 | | 27 any other benefits granted under this chapter, any child of a |
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88 | 88 | | Page 3 1 disabled or deceased veteran or otherwise eligible for |
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89 | 89 | | 2 educational benefits under this chapter who is admitted to |
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90 | 90 | | 3 attend and attends a comprehensive transition and |
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91 | 91 | | 4 postsecondary program for students with intellectual |
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92 | 92 | | 5 disabilities at a state four-year college or university |
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93 | 93 | | 6 institution of higher education shall be eligible to receive |
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94 | 94 | | 7 benefits equal to the benefits provided pursuant to this |
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95 | 95 | | 8 chapter to any other child eligible for educational benefits |
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96 | 96 | | 9 in an undergraduate course of study at a state four-year |
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97 | 97 | | 10 college or university institution of higher education under |
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98 | 98 | | 11 this chapter without regard as to whether the program is a |
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99 | 99 | | 12 degree, certificate, or non-degree program. |
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100 | 100 | | 13 "§31-6-3. |
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101 | 101 | | 14 "Tuition benefits received pursuant to Sections |
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102 | 102 | | 15 31-6-4 through 31-6-6 shall be called "Alabama G.I. |
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103 | 103 | | 16 Dependents' Scholarships." Tuition benefits received under |
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104 | 104 | | 17 Section 31-6-8 shall be called "Alabama G.I. Scholarships." |
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105 | 105 | | 18 "§31-6-4. |
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106 | 106 | | 19 "(a) Any child whose father or mother: |
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107 | 107 | | 20 "(1) Was killed or died in line of duty or is listed |
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108 | 108 | | 21 as missing in action or is/was a prisoner of war or whose |
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109 | 109 | | 22 death or permanent total disabilities were service-connected |
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110 | 110 | | 23 while serving as a member of the armed forces; |
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111 | 111 | | 24 "(2) Died from a disability incurred from military |
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112 | 112 | | 25 service, as established by the State Department of Veterans' |
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113 | 113 | | 26 Affairs, after having been discharged under conditions other |
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114 | 114 | | 27 than dishonorable and after having served at least 90 days |
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115 | 115 | | Page 4 1 consecutively in the armed forces prior to and/or subsequent |
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116 | 116 | | 2 to the date on which the disability occurred, or who was |
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117 | 117 | | 3 honorably discharged by reason of wartime, a qualifying |
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118 | 118 | | 4 service-connected disability after serving less than 90 days; |
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119 | 119 | | 5 "(3) Was killed or died while on state active duty |
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120 | 120 | | 6 status as defined in Section 31-12-1, or whose death results |
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121 | 121 | | 7 proximately and within three years from an injury received |
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122 | 122 | | 8 while on state active duty status; or |
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123 | 123 | | 9 "(4) Has been assigned 100 percent permanent or |
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124 | 124 | | 10 total disability rated by the United States Veterans' |
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125 | 125 | | 11 Administration, or was discharged or retired from the armed |
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126 | 126 | | 12 forces with a 40 percent or more disability and maintained |
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127 | 127 | | 13 that percentage (such person to be deemed to be a disabled |
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128 | 128 | | 14 veteran); may attend any Alabama state institution of higher |
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129 | 129 | | 15 learning, college, or university qualifying school for a |
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130 | 130 | | 16 period of five standard academic years, not to exceed 45 |
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131 | 131 | | 17 months or the equivalent of 45 months if enrolled part-time, |
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132 | 132 | | 18 pursuant to the tuition reimbursement guidelines as provided |
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133 | 133 | | 19 in subsection (c) for such college or university attendance, |
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134 | 134 | | 20 or any such child may take a prescribed course in any Alabama |
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135 | 135 | | 21 state-supported community or technical college for the length |
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136 | 136 | | 22 of any prescribed course of study of his or her choosing, and |
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137 | 137 | | 23 if such course does not require the full 45 months, then |
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138 | 138 | | 24 training for the remainder of the 45 months' entitlement may |
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139 | 139 | | 25 be taken at a state-supported college or university only, |
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140 | 140 | | 26 pursuant to the tuition reimbursement guidelines as provided |
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141 | 141 | | 27 in subsection (c). Training under this section must be |
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142 | 142 | | Page 5 1 initiated prior to the child's thirtieth birthday, and must be |
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143 | 143 | | 2 completed within eight years after its initiation, except for |
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144 | 144 | | 3 delays caused by military service during the training period, |
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145 | 145 | | 4 and in no case may training be received under this chapter |
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146 | 146 | | 5 beyond the thirty-eighth birthday of such the child. |
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147 | 147 | | 6 "(b) Except as provided in Section 31-6-11(e), the |
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148 | 148 | | 7 The educational benefits provided by this section to children |
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149 | 149 | | 8 making application for benefits for the first time beginning |
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150 | 150 | | 9 with the fall term of the 2014-2015 academic year, and |
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151 | 151 | | 10 thereafter, shall be limited to undergraduate courses of study |
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152 | 152 | | 11 only, and the value of tuition paid shall be limited to the |
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153 | 153 | | 12 in-state tuition rate of the Alabama state institution of |
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154 | 154 | | 13 higher learning, college, or university qualifying school |
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155 | 155 | | 14 attended. |
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156 | 156 | | 15 "(c) For those first filing for benefits under this |
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157 | 157 | | 16 chapter on or after July 31, 2017, and for those attending a |
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158 | 158 | | 17 qualifying private school, the educational benefit shall be |
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159 | 159 | | 18 for tuition reimbursement and books and fees reimbursement. |
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160 | 160 | | 19 The value of tuition paid per semester hour (or equivalent) |
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161 | 161 | | 20 shall be limited to the rate of the Department of Defense |
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162 | 162 | | 21 Tuition Assistance Cap. The value of the books and fees paid |
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163 | 163 | | 22 per semester shall be limited to one thousand dollars ($1,000) |
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164 | 164 | | 23 per student. |
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165 | 165 | | 24 "(d) For the purpose of the minimum disability |
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166 | 166 | | 25 requirement provided for in subdivision (a)(4), the dependent |
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167 | 167 | | 26 of any veteran whose disability rating as of July 31, 2017, is |
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168 | 168 | | 27 at least 20 percent but less than 40 percent shall qualify for |
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169 | 169 | | Page 6 1 the benefits of this chapter, provided that the dependent |
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170 | 170 | | 2 shall file application for such benefits before July 31, 2023, |
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171 | 171 | | 3 and the dependent is reasonably expected to be eligible to |
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172 | 172 | | 4 attend an Alabama institution of higher learning, college, or |
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173 | 173 | | 5 university a qualifying school in the next academic year. |
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174 | 174 | | 6 "§31-6-5. |
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175 | 175 | | 7 "(a) Any wife or husband spouse or unmarried widow |
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176 | 176 | | 8 or widower whose spouse, during their marriage: |
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177 | 177 | | 9 "(1) Was killed or died in the line of duty or is |
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178 | 178 | | 10 listed as missing in action or is/was a prisoner of war while |
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179 | 179 | | 11 serving as a member of the armed forces; |
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180 | 180 | | 12 "(2) Died from a disability incurred from military |
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181 | 181 | | 13 service; or |
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182 | 182 | | 14 "(3) Is 100 percent permanently and totally |
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183 | 183 | | 15 disabled, whose permanent and total disabilities were |
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184 | 184 | | 16 service-connected; shall be entitled to training in any |
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185 | 185 | | 17 Alabama state-supported college or university qualifying |
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186 | 186 | | 18 school for a period of five standard academic years, not to |
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187 | 187 | | 19 exceed 45 months, or to training for the equivalent of 45 |
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188 | 188 | | 20 months if enrolled part-time or to training in a prescribed |
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189 | 189 | | 21 course in a state-supported community or technical college, |
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190 | 190 | | 22 and if such course does not require the full 45 months, then |
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191 | 191 | | 23 training for the remainder of such 45 months' entitlement may |
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192 | 192 | | 24 be taken at a state-supported college or university only, |
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193 | 193 | | 25 pursuant to the tuition reimbursement guidelines as provided |
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194 | 194 | | 26 in subsection (c). One change of program will be allowed |
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195 | 195 | | 27 without counseling. All training received under this section |
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196 | 196 | | Page 7 1 must be completed within eight years after the beginning date |
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197 | 197 | | 2 of the course its initiation. This section shall not apply to |
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198 | 198 | | 3 the spouse of any such deceased serviceman or veteran who has |
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199 | 199 | | 4 remarried prior to applying for and obtaining educational |
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200 | 200 | | 5 benefits under this section, and should any such spouse of |
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201 | 201 | | 6 such the deceased serviceman or veteran remarry during the |
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202 | 202 | | 7 time he or she is in attendance upon any of the qualifying |
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203 | 203 | | 8 schools, colleges, or universities mentioned in this section, |
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204 | 204 | | 9 then he or she shall pay tuition and fees for the course of |
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205 | 205 | | 10 study or attendance upon such the qualifying school, college, |
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206 | 206 | | 11 or university from the time of the remarriage. The benefits |
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207 | 207 | | 12 provided under this section shall be in addition to federal |
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208 | 208 | | 13 government benefits. |
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209 | 209 | | 14 "(b) Except as provided in Section 31-6-11(e), the |
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210 | 210 | | 15 The educational benefits provided by this section to wives, |
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211 | 211 | | 16 husbands, and unmarried spouses and widows or widowers making |
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212 | 212 | | 17 application for benefits for the first time beginning with the |
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213 | 213 | | 18 fall term of the 2014-2015 academic year, and thereafter, |
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214 | 214 | | 19 shall be limited to undergraduate courses of study only, and |
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215 | 215 | | 20 the value of tuition paid shall be limited to the in-state |
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216 | 216 | | 21 tuition rate of the Alabama state-supported college or |
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217 | 217 | | 22 university qualifying school attended. |
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218 | 218 | | 23 "(c) For those first filing for benefits under this |
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219 | 219 | | 24 chapter on or after July 31, 2017, and for those attending a |
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220 | 220 | | 25 qualifying private school, the educational benefit shall be |
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221 | 221 | | 26 for tuition reimbursement and books and fees reimbursement. |
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222 | 222 | | 27 The value of tuition paid per semester hour (or equivalent) |
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223 | 223 | | Page 8 1 shall be limited to the rate of the Department of Defense |
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224 | 224 | | 2 Tuition Assistance Cap. The value of the books and fees paid |
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225 | 225 | | 3 per semester shall be limited to $1,000 one thousand dollars |
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226 | 226 | | 4 ($1,000) per student. |
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227 | 227 | | 5 "§31-6-6. |
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228 | 228 | | 6 "(a) The spouse and children of any veteran who is |
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229 | 229 | | 7 suffering from 40 to 90 percent service-connected disability |
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230 | 230 | | 8 brought about from service in the Armed Forces of the United |
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231 | 231 | | 9 States, or the unmarried widow or widower and children of a |
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232 | 232 | | 10 deceased veteran who was suffering from 40 percent or more of |
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233 | 233 | | 11 service-connected disability at the time of death, provided |
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234 | 234 | | 12 such disabilities as are mentioned herein are incurred from |
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235 | 235 | | 13 military service, as established by the State Department of |
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236 | 236 | | 14 Veterans' Affairs, shall be entitled to the following |
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237 | 237 | | 15 educational advantages and opportunities: |
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238 | 238 | | 16 "(1) The spouse or unmarried widow or widower, as |
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239 | 239 | | 17 the case may be, shall be entitled to up to 27 months of |
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240 | 240 | | 18 schooling, or the equivalent of 27 months if enrolled |
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241 | 241 | | 19 part-time, in any Alabama state-supported institution of |
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242 | 242 | | 20 higher learning, college, or university, or to a prescribed |
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243 | 243 | | 21 course in any Alabama state-supported community or technical |
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244 | 244 | | 22 college qualifying school, pursuant to the tuition |
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245 | 245 | | 23 reimbursement guidelines as provided in subsection (d). One |
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246 | 246 | | 24 change of program will be allowed without counseling. It is |
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247 | 247 | | 25 provided, however, that all All training received at state |
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248 | 248 | | 26 institutions of higher learning or state-supported community |
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249 | 249 | | 27 or technical college qualifying schools under this subdivision |
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250 | 250 | | Page 9 1 must be completed within a period of six years after the |
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251 | 251 | | 2 beginning date of such two-year course or such prescribed |
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252 | 252 | | 3 course its initiation. |
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253 | 253 | | 4 "(2) Each child of such a disabled veteran shall be |
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254 | 254 | | 5 entitled to five standard academic years, or the equivalent of |
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255 | 255 | | 6 45 months if enrolled part-time, in any Alabama |
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256 | 256 | | 7 state-supported institution of higher learning, college, or |
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257 | 257 | | 8 university, or to a prescribed course at an Alabama |
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258 | 258 | | 9 state-supported community or technical college. If the course |
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259 | 259 | | 10 of training at the community or technical college does not |
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260 | 260 | | 11 require the full time to which such child is entitled |
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261 | 261 | | 12 hereunder, then the remaining entitlement may be taken in a |
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262 | 262 | | 13 state-supported college or university only, qualifying school |
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263 | 263 | | 14 pursuant to the tuition reimbursement guidelines as provided |
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264 | 264 | | 15 in subsection (d). One change of program will be allowed |
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265 | 265 | | 16 without counseling. Training under this subdivision must be |
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266 | 266 | | 17 initiated prior to the child's twenty-sixth birthday, and must |
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267 | 267 | | 18 be completed within eight years after its initiation, except |
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268 | 268 | | 19 for delays caused by military service during the training |
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269 | 269 | | 20 period, and in no case may training be received under this |
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270 | 270 | | 21 section beyond the thirty-fourth birthday of such the child. |
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271 | 271 | | 22 "(b) For the purpose of the minimum disability |
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272 | 272 | | 23 requirement provided for in subsection (a), the dependent of |
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273 | 273 | | 24 any veteran whose disability rating as of July 31, 2017, is at |
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274 | 274 | | 25 least 20 percent but less than 40 percent shall qualify for |
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275 | 275 | | 26 the benefits of this chapter, provided that the dependent |
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276 | 276 | | 27 shall file application for such benefits before July 31, 2023, |
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277 | 277 | | Page 10 1 and the dependent is reasonably expected to be eligible to |
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278 | 278 | | 2 attend an Alabama institution of higher learning, college or |
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279 | 279 | | 3 university a qualifying school in the next academic year. |
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280 | 280 | | 4 "(c) Except as provided in Section 31-6-11(e), the |
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281 | 281 | | 5 The educational benefits provided by this section to spouses, |
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282 | 282 | | 6 children, and unmarried widows and widowers making application |
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283 | 283 | | 7 for benefits for the first time beginning with the fall term |
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284 | 284 | | 8 of the 2014-2015 academic year, and thereafter, shall be |
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285 | 285 | | 9 limited to undergraduate courses of study only, and the value |
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286 | 286 | | 10 of tuition paid shall be limited to the in-state tuition rate |
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287 | 287 | | 11 of the Alabama state-supported institution of higher learning, |
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288 | 288 | | 12 college, or university qualifying school attended. |
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289 | 289 | | 13 "(d) For those first filing for benefits under this |
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290 | 290 | | 14 chapter on or after July 31, 2017, and for those attending a |
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291 | 291 | | 15 qualifying private school, the educational benefit shall be |
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292 | 292 | | 16 for tuition reimbursement and books and fees reimbursement. |
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293 | 293 | | 17 The value of tuition paid per semester hour (or equivalent) |
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294 | 294 | | 18 shall be limited to the rate of the Department of Defense |
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295 | 295 | | 19 Tuition Assistance Cap. The value of the books and fees paid |
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296 | 296 | | 20 per semester shall be limited to $1,000 one thousand dollars |
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297 | 297 | | 21 ($1,000) per student. |
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298 | 298 | | 22 "(e) The benefits provided under this section shall |
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299 | 299 | | 23 be available in addition to federal government benefits. Any |
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300 | 300 | | 24 child, spouse, or unmarried widow who was denied full |
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301 | 301 | | 25 entitlement, 27 or 45 months, whichever the case may be, shall |
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302 | 302 | | 26 have the remainder of their entitlement reinstated under this |
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303 | 303 | | 27 chapter. |
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304 | 304 | | Page 11 1 "§31-6-9. |
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305 | 305 | | 2 "(a) For those dependents who first file for |
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306 | 306 | | 3 benefits under this chapter prior to July 31, 2017, the |
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307 | 307 | | 4 benefits provided under this chapter shall be in addition to |
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308 | 308 | | 5 any other state or federal benefits to which that dependent |
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309 | 309 | | 6 may be entitled. |
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310 | 310 | | 7 "(b) For dependents who first file for benefits |
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311 | 311 | | 8 under this chapter on or after July 31, 2017, and for those |
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312 | 312 | | 9 attending a qualifying private school: |
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313 | 313 | | 10 "(1) To the extent permitted by law, prior to |
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314 | 314 | | 11 applying any benefits provided for under this chapter, |
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315 | 315 | | 12 institutional certifying officials and financial aid officials |
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316 | 316 | | 13 shall first apply other federal, state, institutional, and |
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317 | 317 | | 14 third party scholarships and grants awarded to the dependent |
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318 | 318 | | 15 for that academic period for payment of required educational |
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319 | 319 | | 16 expenses during an academic period. |
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320 | 320 | | 17 "(2) A completed Free Application for Federal |
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321 | 321 | | 18 Student Aid (FAFSA), or the equivalent, must be submitted to |
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322 | 322 | | 19 the United States Department of Education for each year in |
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323 | 323 | | 20 which the dependent receives benefits under this chapter. The |
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324 | 324 | | 21 dependent shall have applied for all federal student financial |
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325 | 325 | | 22 aid grants, including, but not limited to, Pell Grants, |
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326 | 326 | | 23 Supplemental Education Opportunity Grants, and Education and |
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327 | 327 | | 24 Training Vouchers, identified as being available for the |
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328 | 328 | | 25 student's application by Federal Student Aid, an office of the |
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329 | 329 | | 26 United States Department of Education, or its successor |
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330 | 330 | | 27 agency. |
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331 | 331 | | Page 12 1 "(3) All students receiving educational benefits |
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332 | 332 | | 2 under this chapter and the educational institutions qualifying |
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333 | 333 | | 3 schools they attend must comply with the standards of |
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334 | 334 | | 4 Satisfactory Academic Progress (SAP) as required for Title IV |
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335 | 335 | | 5 benefits under the Higher Education Act and as defined by that |
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336 | 336 | | 6 education institution qualifying school. Those students who |
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337 | 337 | | 7 would no longer be eligible to receive Title IV benefits due |
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338 | 338 | | 8 to a failure to meet SAP standards shall no longer be eligible |
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339 | 339 | | 9 to receive benefits under this chapter. Education institutions |
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340 | 340 | | 10 Each qualifying school shall notify the Alabama State |
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341 | 341 | | 11 Department of Veterans Veterans' Affairs of any student who |
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342 | 342 | | 12 currently holds a certificate of eligibility for benefits |
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343 | 343 | | 13 under this chapter who is no longer eligible to receive |
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344 | 344 | | 14 benefits due to a failure to meet SAP standards and the |
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345 | 345 | | 15 effective date of that change in eligibility. |
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346 | 346 | | 16 "(4) The dependent shall ensure that all qualifying |
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347 | 347 | | 17 schools they attend he or she attends under this program are |
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348 | 348 | | 18 authorized to release such personally identifiable information |
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349 | 349 | | 19 to the Alabama State Department of Veterans Veterans' Affairs |
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350 | 350 | | 20 as is required for the determination of that dependent's |
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351 | 351 | | 21 continued eligibility and as required for the completion of |
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352 | 352 | | 22 all reports required by law. |
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353 | 353 | | 23 "(c) Any dependent who receives benefits under this |
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354 | 354 | | 24 chapter, and whose benefit period is interrupted due to |
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355 | 355 | | 25 accident, injury, or illness, shall have the benefit time |
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356 | 356 | | 26 period which is lost due to such accident, illness, or injury |
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357 | 357 | | 27 restored to him or her. |
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358 | 358 | | Page 13 1 "(d) Notwithstanding any other provision of this |
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359 | 359 | | 2 chapter to the contrary, dependents of any veteran whose |
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360 | 360 | | 3 disability rating, if any, prior to May 23, 2017, was less |
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361 | 361 | | 4 than 20 percent, but who had a claim for compensation pending |
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362 | 362 | | 5 prior to that date which resulted in a final award by the |
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363 | 363 | | 6 United States Department of Veterans Affairs of at least 20 |
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364 | 364 | | 7 percent, shall be eligible for education benefits as the |
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365 | 365 | | 8 chapter read prior to May 23, 2017, if the dependent files an |
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366 | 366 | | 9 application for benefits under this chapter within six months |
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367 | 367 | | 10 of that final adjudication and provides proof satisfactory to |
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368 | 368 | | 11 the Alabama State Department of Veterans Veterans' Affairs |
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369 | 369 | | 12 that they qualify he or she qualifies under this exception and |
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370 | 370 | | 13 currently meet satisfies the eligibility requirements as the |
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371 | 371 | | 14 chapter read prior to May 23, 2017. |
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372 | 372 | | 15 "§31-6-11. |
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373 | 373 | | 16 "(a) Before an application of any veteran for |
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374 | 374 | | 17 benefits under this chapter can be approved, such veteran |
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375 | 375 | | 18 shall submit proof, satisfactory to the State Department of |
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376 | 376 | | 19 Veterans' Affairs, of all of the following: |
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377 | 377 | | 20 "(1) Identification. |
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378 | 378 | | 21 "(2) Having been a permanent resident of the State |
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379 | 379 | | 22 of Alabama for at least one year immediately prior to his or |
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380 | 380 | | 23 her entrance into service. |
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381 | 381 | | 24 "(3) An honorable discharge or other proof of |
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382 | 382 | | 25 honorable termination of at least 24 months of service in the |
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383 | 383 | | 26 armed forces, or if such veteran was discharged or released by |
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384 | 384 | | Page 14 1 reason of service-connected disability then proof of honorable |
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385 | 385 | | 2 termination of less than 24 months of service is acceptable. |
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386 | 386 | | 3 "(b)(a) Before the application of a wife spouse, |
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387 | 387 | | 4 widow, or child of a disabled veteran or a deceased veteran or |
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388 | 388 | | 5 serviceman for educational benefits under this chapter is |
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389 | 389 | | 6 approved, proof, satisfactory to the State Department of |
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390 | 390 | | 7 Veterans' Affairs, must be submitted of all of the following: |
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391 | 391 | | 8 "(1) Establishing the identification of such wife |
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392 | 392 | | 9 the spouse, widow, or child as the wife spouse, widow, or |
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393 | 393 | | 10 child of the veteran or serviceman, as the case may be. |
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394 | 394 | | 11 "(2) Of the veteran or serviceman having been a |
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395 | 395 | | 12 permanent resident of the State of Alabama for at least one |
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396 | 396 | | 13 year immediately prior, to his or her entrance into service, |
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397 | 397 | | 14 or if the applicant is the wife spouse, widow, or child of a |
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398 | 398 | | 15 totally and permanently disabled veteran, then proof either of |
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399 | 399 | | 16 the veteran's having been a permanent resident of the State of |
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400 | 400 | | 17 Alabama for at least one year prior to his or her entrance |
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401 | 401 | | 18 into service or proof that the veteran has been a bona fide |
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402 | 402 | | 19 resident of this state for at least five years immediately |
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403 | 403 | | 20 prior to the filing of the application for benefits under this |
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404 | 404 | | 21 chapter or immediately prior to his or her death if the |
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405 | 405 | | 22 veteran is deceased. |
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406 | 406 | | 23 "(3) Of the veteran or serviceman having been a |
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407 | 407 | | 24 permanent resident of the State of Alabama for at least two |
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408 | 408 | | 25 years immediately prior to the filing of the application for |
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409 | 409 | | 26 benefits under this chapter or has filed an Alabama income tax |
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410 | 410 | | 27 return as a resident individual for the previous ten 10 years |
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411 | 411 | | Page 15 1 or is a current resident and was discharged from active duty |
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412 | 412 | | 2 within the prior 12 months. If the veteran or serviceman is |
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413 | 413 | | 3 deceased, his or her dependent may still qualify if the |
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414 | 414 | | 4 veteran or serviceman met this residency requirement at the |
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415 | 415 | | 5 time of his or her death. Alabama income tax return |
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416 | 416 | | 6 information, including, but not limited to, the type of return |
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417 | 417 | | 7 filed, necessary to show the residency requirements under this |
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418 | 418 | | 8 chapter have been met is hereby exempted from the |
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419 | 419 | | 9 confidentiality provisions of Section 40-2A-10, and shall be |
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420 | 420 | | 10 provided by the Department of Revenue to the State Department |
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421 | 421 | | 11 of Veterans Veterans' Affairs upon request. Such requests and |
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422 | 422 | | 12 the significance of the information provided, shall be |
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423 | 423 | | 13 requested by the State Department of Veterans Veterans' |
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424 | 424 | | 14 Affairs as necessary when other residency information is not |
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425 | 425 | | 15 available, and the department shall promulgate adopt rules and |
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426 | 426 | | 16 procedures to effect the provisions of this section as needed. |
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427 | 427 | | 17 "(4) Of the wife spouse, widow, or child being a |
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428 | 428 | | 18 current resident of the State of Alabama. |
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429 | 429 | | 19 "(5) An honorable discharge or other proof of |
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430 | 430 | | 20 honorable termination of service of the veteran or serviceman |
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431 | 431 | | 21 in the armed forces for a period of at least 90 days between |
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432 | 432 | | 22 the dates mentioned in this chapter, or service of less than |
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433 | 433 | | 23 90 days if the veteran or serviceman was discharged or |
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434 | 434 | | 24 released by reason of a qualifying service-connected |
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435 | 435 | | 25 disability. |
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436 | 436 | | 26 "(c) The service upon which any benefits are awarded |
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437 | 437 | | 27 under this chapter shall have been rendered during wartime or |
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438 | 438 | | Page 16 1 under extrahazardous conditions, except as provided otherwise |
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439 | 439 | | 2 in this section; and this condition of eligibility shall be |
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440 | 440 | | 3 established by the State Department of Veterans' Affairs. |
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441 | 441 | | 4 "(d) The service requirements provided for in |
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442 | 442 | | 5 subsection (c) shall not apply to any person making |
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443 | 443 | | 6 application for benefits under this chapter beginning with the |
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444 | 444 | | 7 fall term of the 2014-2015 academic year, and thereafter. |
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445 | 445 | | 8 "(e) Notwithstanding any other provision of this |
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446 | 446 | | 9 chapter to the contrary, any person denied educational |
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447 | 447 | | 10 benefits provided by this chapter based solely upon the |
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448 | 448 | | 11 service requirements provided for in subsection (c) shall be |
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449 | 449 | | 12 eligible to receive the benefits the person would otherwise |
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450 | 450 | | 13 have been entitled to had their application been approved at |
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451 | 451 | | 14 the time of initial application, except as provided otherwise |
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452 | 452 | | 15 in this subsection. Any age limitation on the benefits |
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453 | 453 | | 16 provided by this chapter shall be extended in like manner for |
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454 | 454 | | 17 any such previously denied person to ensure that the person |
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455 | 455 | | 18 has the opportunity to receive all benefits they would |
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456 | 456 | | 19 otherwise have been entitled. In order to receive any |
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457 | 457 | | 20 educational benefits, such the previously denied person must |
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458 | 458 | | 21 reapply for educational benefits with the State Department of |
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459 | 459 | | 22 Veterans' Affairs and begin use of the educational benefits no |
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460 | 460 | | 23 later than the fall term of the 2015-2016 academic year. The |
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461 | 461 | | 24 value of tuition paid for any such previously denied person |
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462 | 462 | | 25 shall be limited to the in-state tuition rate of the Alabama |
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463 | 463 | | 26 state institution of higher learning, college, or university |
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464 | 464 | | 27 state-supported school attended. |
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465 | 465 | | Page 17 1 "(f)(b) For those first filing for benefits under |
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466 | 466 | | 2 this chapter on or after July 31, 2017, and for those |
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467 | 467 | | 3 attending a qualifying private school, the educational benefit |
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468 | 468 | | 4 shall be for tuition reimbursement and books and fees |
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469 | 469 | | 5 reimbursement. The value of tuition paid per semester hour (or |
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470 | 470 | | 6 equivalent) shall be limited to the rate of the Department of |
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471 | 471 | | 7 Defense Tuition Assistance Cap. The value of the books and |
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472 | 472 | | 8 fees paid per semester shall be limited to $1,000 one thousand |
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473 | 473 | | 9 dollars ($1,000) per student. |
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474 | 474 | | 10 "§31-6-12. |
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475 | 475 | | 11 "The State Department of Veterans' Affairs is hereby |
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476 | 476 | | 12 charged with the duty of informing the veterans and their |
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477 | 477 | | 13 dependents in this state, through its county service |
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478 | 478 | | 14 commissioners and all other sources at its command, of the |
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479 | 479 | | 15 provisions of this chapter in order that those veterans and |
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480 | 480 | | 16 their dependents may know of the benefits provided in this |
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481 | 481 | | 17 chapter. The State Department of Veterans' Affairs shall |
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482 | 482 | | 18 furnish and assist in preparing and producing all necessary |
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483 | 483 | | 19 blanks, forms, and other matters necessary for the veterans, |
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484 | 484 | | 20 their wives spouses, widows, or children to obtain the |
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485 | 485 | | 21 benefits provided under this chapter. The State Service |
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486 | 486 | | 22 Commissioner shall cause to be forwarded to the state |
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487 | 487 | | 23 institution of higher learning, college or university, or |
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488 | 488 | | 24 state trade qualifying school of the applicant's choice, a |
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489 | 489 | | 25 certificate of eligibility and entitlement, or other necessary |
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490 | 490 | | 26 proof for the veteran, his wife or her spouse, widow, or child |
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491 | 491 | | 27 to obtain the benefits made available hereby. |
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492 | 492 | | Page 18 1 "§31-6-13. |
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493 | 493 | | 2 "The president or head of each state institution of |
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494 | 494 | | 3 higher learning or college or university or state trade |
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495 | 495 | | 4 qualifying school must inform the faculty members of each |
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496 | 496 | | 5 respective institution of the provisions and benefits of this |
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497 | 497 | | 6 chapter, who in turn shall inform the wives spouses, widows, |
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498 | 498 | | 7 and children of veterans attending such institutions as to |
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499 | 499 | | 8 their rights and benefits under the provisions of this |
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500 | 500 | | 9 chapter. |
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501 | 501 | | 10 "§31-6-14. |
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502 | 502 | | 11 The county superintendent of education and the city |
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503 | 503 | | 12 superintendent of schools in each respective county and city |
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504 | 504 | | 13 must shall inform the teachers of their county and city of the |
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505 | 505 | | 14 provisions and benefits of this chapter, who in turn shall |
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506 | 506 | | 15 inform the children of veterans as to their rights and |
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507 | 507 | | 16 benefits under the provisions of this chapter. |
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508 | 508 | | 17 "§31-6-15. |
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509 | 509 | | 18 "(a) The benefits provided in this chapter shall be |
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510 | 510 | | 19 paid from an annual appropriation from the Education Trust |
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511 | 511 | | 20 Fund to reimburse every Alabama state institution of higher |
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512 | 512 | | 21 learning, college, university, or Alabama community or |
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513 | 513 | | 22 technical college qualifying school in which benefits are |
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514 | 514 | | 23 given to veterans, their wives spouses, widows, or children |
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515 | 515 | | 24 under this chapter. Such reimbursement Reimbursement shall be |
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516 | 516 | | 25 made timely at the end of each academic quarter or semester |
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517 | 517 | | 26 for all tuition reimbursements for the certified invoices |
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518 | 518 | | 27 submitted by such the institution or school to the State |
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519 | 519 | | Page 19 1 Department of Veterans' Affairs, and shall be supported by |
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520 | 520 | | 2 names of the students receiving such benefits, together with |
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521 | 521 | | 3 the amounts claimed for each student. Any amount of in-state |
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522 | 522 | | 4 tuition, books, or fees not paid by the combination of |
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523 | 523 | | 5 federal, state, and third party funds may be billed to |
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524 | 524 | | 6 students receiving such benefits or waived by the institution |
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525 | 525 | | 7 or school. |
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526 | 526 | | 8 "(b) The Department of Examiners of Public Accounts |
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527 | 527 | | 9 may audit the records of any two-year or four-year institution |
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528 | 528 | | 10 of higher education which receives any reimbursement as a |
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529 | 529 | | 11 result of this chapter to the same extent, degree, and scope |
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530 | 530 | | 12 as audits performed on other public educational institutions, |
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531 | 531 | | 13 and the institution shall submit to the Legislature and the |
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532 | 532 | | 14 State Department of Veterans' Affairs each year, before any |
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533 | 533 | | 15 subsequent reimbursement may be applied for or considered, a |
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534 | 534 | | 16 full accounting of any receipts, disbursements, assets, |
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535 | 535 | | 17 liabilities, and other resources as of the date of the close |
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536 | 536 | | 18 of the immediately preceding academic year. |
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537 | 537 | | 19 "§31-6-15.1. |
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538 | 538 | | 20 "The State Department of Veterans Veterans' Affairs |
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539 | 539 | | 21 shall report to the Legislature, by January 1st of each year, |
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540 | 540 | | 22 the number of applicants approved in the previous fiscal year |
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541 | 541 | | 23 and those approved as of the reporting date for the current |
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542 | 542 | | 24 fiscal year, the number of students by years of remaining |
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543 | 543 | | 25 eligibility, and the costs of the previous fiscal year's |
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544 | 544 | | 26 expenditures to the program by each category of public |
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545 | 545 | | 27 institution of higher learning qualifying school to include |
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546 | 546 | | Page 20 1 the number of students who attended each of those institutions |
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547 | 547 | | 2 schools. |
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548 | 548 | | 3 "§31-6-16. |
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549 | 549 | | 4 "Nothing in this chapter shall be construed as |
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550 | 550 | | 5 lowering the standards or requirements, or as to making any |
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551 | 551 | | 6 exceptions thereto for entrance into any of the state |
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552 | 552 | | 7 qualifying schools or institutions affected by this chapter. |
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553 | 553 | | 8 All applicants, in order to obtain the educational benefits of |
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554 | 554 | | 9 this chapter, must first meet all scholastic and other |
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555 | 555 | | 10 requirements for entrance into any of the qualifying schools |
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556 | 556 | | 11 coming within the purview of this chapter." |
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557 | 557 | | 12 Section 2. Section 31-6-8, Code of Alabama 1975, |
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558 | 558 | | 13 relating to Alabama G.I. Scholarships, is repealed. |
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559 | 559 | | 14 Section 3. This act shall become effective on June |
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560 | 560 | | 15 1, 2022, following its passage and approval by the Governor, |
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561 | 561 | | 16 or its otherwise becoming law. |
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562 | 562 | | Page 21 |
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