110 | | - | Page 4 SB119 |
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111 | | - | 1 veteran); may attend any Alabama state institution of higher |
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112 | | - | 2 learning, college, or university qualifying school for a |
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113 | | - | 3 period of five standard academic years, not to exceed 45 |
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114 | | - | 4 months or the equivalent of 45 months if enrolled part-time, |
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115 | | - | 5 pursuant to the tuition reimbursement guidelines as provided |
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116 | | - | 6 in subsection (c) for such college or university attendance, |
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117 | | - | 7 or any such child may take a prescribed course in any Alabama |
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118 | | - | 8 state-supported community or technical college for the length |
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119 | | - | 9 of any prescribed course of study of his or her choosing, and |
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120 | | - | 10 if such course does not require the full 45 months, then |
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121 | | - | 11 training for the remainder of the 45 months' entitlement may |
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122 | | - | 12 be taken at a state-supported college or university only, |
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123 | | - | 13 pursuant to the tuition reimbursement guidelines as provided |
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124 | | - | 14 in subsection (c). Training under this section must be |
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125 | | - | 15 initiated prior to the child's thirtieth birthday, and must be |
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126 | | - | 16 completed within eight years after its initiation, except for |
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127 | | - | 17 delays caused by military service during the training period, |
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128 | | - | 18 and in no case may training be received under this chapter |
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129 | | - | 19 beyond the thirty-eighth birthday of such the child. |
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130 | | - | 20 "(b) Except as provided in Section 31-6-11(e), the |
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131 | | - | 21 The educational benefits provided by this section to children |
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132 | | - | 22 making application for benefits for the first time beginning |
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133 | | - | 23 with the fall term of the 2014-2015 academic year, and |
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134 | | - | 24 thereafter, shall be limited to undergraduate courses of study |
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135 | | - | 25 only, and the value of tuition paid shall be limited to the |
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136 | | - | Page 5 SB119 |
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137 | | - | 1 in-state tuition rate of the Alabama state institution of |
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138 | | - | 2 higher learning, college, or university qualifying school |
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139 | | - | 3 attended. |
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140 | | - | 4 "(c) For those first filing for benefits under this |
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141 | | - | 5 chapter on or after July 31, 2017, and for those attending a |
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142 | | - | 6 qualifying private school, the educational benefit shall be |
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143 | | - | 7 for tuition reimbursement and books and fees reimbursement. |
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144 | | - | 8 The value of tuition paid per semester hour (or equivalent) |
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145 | | - | 9 shall be limited to the rate of the Department of Defense |
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146 | | - | 10 Tuition Assistance Cap. The value of the books and fees paid |
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147 | | - | 11 per semester shall be limited to one thousand dollars ($1,000) |
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148 | | - | 12 per student. |
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149 | | - | 13 "(d) For the purpose of the minimum disability |
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150 | | - | 14 requirement provided for in subdivision (a)(4), the dependent |
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151 | | - | 15 of any veteran whose disability rating as of July 31, 2017, is |
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152 | | - | 16 at least 20 percent but less than 40 percent shall qualify for |
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153 | | - | 17 the benefits of this chapter, provided that the dependent |
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154 | | - | 18 shall file application for such benefits before July 31, 2023, |
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155 | | - | 19 and the dependent is reasonably expected to be eligible to |
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156 | | - | 20 attend an Alabama institution of higher learning, college, or |
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157 | | - | 21 university a qualifying school in the next academic year. |
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158 | | - | 22 "§31-6-5. |
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159 | | - | 23 "(a) Any wife or husband spouse or unmarried widow |
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160 | | - | 24 or widower whose spouse, during their marriage: |
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161 | | - | Page 6 SB119 |
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162 | | - | 1 "(1) Was killed or died in the line of duty or is |
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163 | | - | 2 listed as missing in action or is/was a prisoner of war while |
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164 | | - | 3 serving as a member of the armed forces; |
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165 | | - | 4 "(2) Died from a disability incurred from military |
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166 | | - | 5 service; or |
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167 | | - | 6 "(3) Is 100 percent permanently and totally |
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168 | | - | 7 disabled, whose permanent and total disabilities were |
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169 | | - | 8 service-connected; shall be entitled to training in any |
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170 | | - | 9 Alabama state-supported college or university qualifying |
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171 | | - | 10 school for a period of five standard academic years, not to |
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172 | | - | 11 exceed 45 months, or to training for the equivalent of 45 |
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173 | | - | 12 months if enrolled part-time or to training in a prescribed |
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174 | | - | 13 course in a state-supported community or technical college, |
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175 | | - | 14 and if such course does not require the full 45 months, then |
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176 | | - | 15 training for the remainder of such 45 months' entitlement may |
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177 | | - | 16 be taken at a state-supported college or university only, |
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178 | | - | 17 pursuant to the tuition reimbursement guidelines as provided |
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179 | | - | 18 in subsection (c). One change of program will be allowed |
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180 | | - | 19 without counseling. All training received under this section |
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181 | | - | 20 must be completed within eight years after the beginning date |
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182 | | - | 21 of the course its initiation. This section shall not apply to |
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183 | | - | 22 the spouse of any such deceased serviceman or veteran who has |
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184 | | - | 23 remarried prior to applying for and obtaining educational |
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185 | | - | 24 benefits under this section, and should any such spouse of |
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186 | | - | 25 such the deceased serviceman or veteran remarry during the |
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187 | | - | Page 7 SB119 |
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188 | | - | 1 time he or she is in attendance upon any of the qualifying |
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189 | | - | 2 schools, colleges, or universities mentioned in this section, |
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190 | | - | 3 then he or she shall pay tuition and fees for the course of |
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191 | | - | 4 study or attendance upon such the qualifying school, college, |
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192 | | - | 5 or university from the time of the remarriage. The benefits |
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193 | | - | 6 provided under this section shall be in addition to federal |
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194 | | - | 7 government benefits. |
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195 | | - | 8 "(b) Except as provided in Section 31-6-11(e), the |
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196 | | - | 9 The educational benefits provided by this section to wives, |
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197 | | - | 10 husbands, and unmarried spouses and widows or widowers making |
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198 | | - | 11 application for benefits for the first time beginning with the |
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199 | | - | 12 fall term of the 2014-2015 academic year, and thereafter, |
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200 | | - | 13 shall be limited to undergraduate courses of study only, and |
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201 | | - | 14 the value of tuition paid shall be limited to the in-state |
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202 | | - | 15 tuition rate of the Alabama state-supported college or |
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203 | | - | 16 university qualifying school attended. |
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204 | | - | 17 "(c) For those first filing for benefits under this |
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205 | | - | 18 chapter on or after July 31, 2017, and for those attending a |
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206 | | - | 19 qualifying private school, the educational benefit shall be |
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207 | | - | 20 for tuition reimbursement and books and fees reimbursement. |
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208 | | - | 21 The value of tuition paid per semester hour (or equivalent) |
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209 | | - | 22 shall be limited to the rate of the Department of Defense |
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210 | | - | 23 Tuition Assistance Cap. The value of the books and fees paid |
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211 | | - | 24 per semester shall be limited to $1,000 one thousand dollars |
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212 | | - | 25 ($1,000) per student. |
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213 | | - | Page 8 SB119 |
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214 | | - | 1 "§31-6-6. |
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215 | | - | 2 "(a) The spouse and children of any veteran who is |
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216 | | - | 3 suffering from 40 to 90 percent service-connected disability |
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217 | | - | 4 brought about from service in the Armed Forces of the United |
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218 | | - | 5 States, or the unmarried widow or widower and children of a |
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219 | | - | 6 deceased veteran who was suffering from 40 percent or more of |
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220 | | - | 7 service-connected disability at the time of death, provided |
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221 | | - | 8 such disabilities as are mentioned herein are incurred from |
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222 | | - | 9 military service, as established by the State Department of |
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223 | | - | 10 Veterans' Affairs, shall be entitled to the following |
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224 | | - | 11 educational advantages and opportunities: |
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225 | | - | 12 "(1) The spouse or unmarried widow or widower, as |
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226 | | - | 13 the case may be, shall be entitled to up to 27 months of |
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227 | | - | 14 schooling, or the equivalent of 27 months if enrolled |
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228 | | - | 15 part-time, in any Alabama state-supported institution of |
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229 | | - | 16 higher learning, college, or university, or to a prescribed |
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230 | | - | 17 course in any Alabama state-supported community or technical |
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231 | | - | 18 college qualifying school, pursuant to the tuition |
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232 | | - | 19 reimbursement guidelines as provided in subsection (d). One |
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233 | | - | 20 change of program will be allowed without counseling. It is |
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234 | | - | 21 provided, however, that all All training received at state |
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235 | | - | 22 institutions of higher learning or state-supported community |
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236 | | - | 23 or technical college qualifying schools under this subdivision |
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237 | | - | 24 must be completed within a period of six years after the |
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238 | | - | Page 9 SB119 |
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239 | | - | 1 beginning date of such two-year course or such prescribed |
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240 | | - | 2 course its initiation. |
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241 | | - | 3 "(2) Each child of such a disabled veteran shall be |
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242 | | - | 4 entitled to five standard academic years, or the equivalent of |
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243 | | - | 5 45 months if enrolled part-time, in any Alabama |
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244 | | - | 6 state-supported institution of higher learning, college, or |
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245 | | - | 7 university, or to a prescribed course at an Alabama |
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246 | | - | 8 state-supported community or technical college. If the course |
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247 | | - | 9 of training at the community or technical college does not |
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248 | | - | 10 require the full time to which such child is entitled |
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249 | | - | 11 hereunder, then the remaining entitlement may be taken in a |
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250 | | - | 12 state-supported college or university only, qualifying school |
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251 | | - | 13 pursuant to the tuition reimbursement guidelines as provided |
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252 | | - | 14 in subsection (d). One change of program will be allowed |
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253 | | - | 15 without counseling. Training under this subdivision must be |
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254 | | - | 16 initiated prior to the child's twenty-sixth birthday, and must |
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255 | | - | 17 be completed within eight years after its initiation, except |
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256 | | - | 18 for delays caused by military service during the training |
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257 | | - | 19 period, and in no case may training be received under this |
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258 | | - | 20 section beyond the thirty-fourth birthday of such the child. |
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259 | | - | 21 "(b) For the purpose of the minimum disability |
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260 | | - | 22 requirement provided for in subsection (a), the dependent of |
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261 | | - | 23 any veteran whose disability rating as of July 31, 2017, is at |
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262 | | - | 24 least 20 percent but less than 40 percent shall qualify for |
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263 | | - | 25 the benefits of this chapter, provided that the dependent |
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264 | | - | Page 10 SB119 |
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265 | | - | 1 shall file application for such benefits before July 31, 2023, |
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266 | | - | 2 and the dependent is reasonably expected to be eligible to |
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267 | | - | 3 attend an Alabama institution of higher learning, college or |
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268 | | - | 4 university a qualifying school in the next academic year. |
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269 | | - | 5 "(c) Except as provided in Section 31-6-11(e), the |
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270 | | - | 6 The educational benefits provided by this section to spouses, |
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271 | | - | 7 children, and unmarried widows and widowers making application |
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272 | | - | 8 for benefits for the first time beginning with the fall term |
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273 | | - | 9 of the 2014-2015 academic year, and thereafter, shall be |
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274 | | - | 10 limited to undergraduate courses of study only, and the value |
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275 | | - | 11 of tuition paid shall be limited to the in-state tuition rate |
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276 | | - | 12 of the Alabama state-supported institution of higher learning, |
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277 | | - | 13 college, or university qualifying school attended. |
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278 | | - | 14 "(d) For those first filing for benefits under this |
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279 | | - | 15 chapter on or after July 31, 2017, and for those attending a |
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280 | | - | 16 qualifying private school, the educational benefit shall be |
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281 | | - | 17 for tuition reimbursement and books and fees reimbursement. |
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282 | | - | 18 The value of tuition paid per semester hour (or equivalent) |
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283 | | - | 19 shall be limited to the rate of the Department of Defense |
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284 | | - | 20 Tuition Assistance Cap. The value of the books and fees paid |
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285 | | - | 21 per semester shall be limited to $1,000 one thousand dollars |
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286 | | - | 22 ($1,000) per student. |
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287 | | - | 23 "(e) The benefits provided under this section shall |
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288 | | - | 24 be available in addition to federal government benefits. Any |
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289 | | - | 25 child, spouse, or unmarried widow who was denied full |
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290 | | - | Page 11 SB119 |
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291 | | - | 1 entitlement, 27 or 45 months, whichever the case may be, shall |
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292 | | - | 2 have the remainder of their entitlement reinstated under this |
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293 | | - | 3 chapter. |
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294 | | - | 4 "§31-6-9. |
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295 | | - | 5 "(a) For those dependents who first file for |
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296 | | - | 6 benefits under this chapter prior to July 31, 2017, the |
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297 | | - | 7 benefits provided under this chapter shall be in addition to |
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298 | | - | 8 any other state or federal benefits to which that dependent |
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299 | | - | 9 may be entitled. |
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300 | | - | 10 "(b) For dependents who first file for benefits |
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301 | | - | 11 under this chapter on or after July 31, 2017, and for those |
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302 | | - | 12 attending a qualifying private school: |
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303 | | - | 13 "(1) To the extent permitted by law, prior to |
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304 | | - | 14 applying any benefits provided for under this chapter, |
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305 | | - | 15 institutional certifying officials and financial aid officials |
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306 | | - | 16 shall first apply other federal, state, institutional, and |
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307 | | - | 17 third party scholarships and grants awarded to the dependent |
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308 | | - | 18 for that academic period for payment of required educational |
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309 | | - | 19 expenses during an academic period. |
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310 | | - | 20 "(2) A completed Free Application for Federal |
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311 | | - | 21 Student Aid (FAFSA), or the equivalent, must be submitted to |
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312 | | - | 22 the United States Department of Education for each year in |
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313 | | - | 23 which the dependent receives benefits under this chapter. The |
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314 | | - | 24 dependent shall have applied for all federal student financial |
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315 | | - | 25 aid grants, including, but not limited to, Pell Grants, |
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316 | | - | Page 12 SB119 |
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317 | | - | 1 Supplemental Education Opportunity Grants, and Education and |
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318 | | - | 2 Training Vouchers, identified as being available for the |
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319 | | - | 3 student's application by Federal Student Aid, an office of the |
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320 | | - | 4 United States Department of Education, or its successor |
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321 | | - | 5 agency. |
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322 | | - | 6 "(3) All students receiving educational benefits |
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323 | | - | 7 under this chapter and the educational institutions qualifying |
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324 | | - | 8 schools they attend must comply with the standards of |
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325 | | - | 9 Satisfactory Academic Progress (SAP) as required for Title IV |
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326 | | - | 10 benefits under the Higher Education Act and as defined by that |
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327 | | - | 11 education institution qualifying school. Those students who |
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328 | | - | 12 would no longer be eligible to receive Title IV benefits due |
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329 | | - | 13 to a failure to meet SAP standards shall no longer be eligible |
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330 | | - | 14 to receive benefits under this chapter. Education institutions |
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331 | | - | 15 Each qualifying school shall notify the Alabama State |
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332 | | - | 16 Department of Veterans Veterans' Affairs of any student who |
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333 | | - | 17 currently holds a certificate of eligibility for benefits |
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334 | | - | 18 under this chapter who is no longer eligible to receive |
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335 | | - | 19 benefits due to a failure to meet SAP standards and the |
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336 | | - | 20 effective date of that change in eligibility. |
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337 | | - | 21 "(4) The dependent shall ensure that all qualifying |
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338 | | - | 22 schools they attend he or she attends under this program are |
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339 | | - | 23 authorized to release such personally identifiable information |
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340 | | - | 24 to the Alabama State Department of Veterans Veterans' Affairs |
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341 | | - | 25 as is required for the determination of that dependent's |
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342 | | - | Page 13 SB119 |
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343 | | - | 1 continued eligibility and as required for the completion of |
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344 | | - | 2 all reports required by law. |
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345 | | - | 3 "(c) Any dependent who receives benefits under this |
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346 | | - | 4 chapter, and whose benefit period is interrupted due to |
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347 | | - | 5 accident, injury, or illness, shall have the benefit time |
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348 | | - | 6 period which is lost due to such accident, illness, or injury |
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349 | | - | 7 restored to him or her. |
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350 | | - | 8 "(d) Notwithstanding any other provision of this |
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351 | | - | 9 chapter to the contrary, dependents of any veteran whose |
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352 | | - | 10 disability rating, if any, prior to May 23, 2017, was less |
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353 | | - | 11 than 20 percent, but who had a claim for compensation pending |
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354 | | - | 12 prior to that date which resulted in a final award by the |
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355 | | - | 13 United States Department of Veterans Affairs of at least 20 |
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356 | | - | 14 percent, shall be eligible for education benefits as the |
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357 | | - | 15 chapter read prior to May 23, 2017, if the dependent files an |
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358 | | - | 16 application for benefits under this chapter within six months |
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359 | | - | 17 of that final adjudication and provides proof satisfactory to |
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360 | | - | 18 the Alabama State Department of Veterans Veterans' Affairs |
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361 | | - | 19 that they qualify he or she qualifies under this exception and |
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362 | | - | 20 currently meet satisfies the eligibility requirements as the |
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363 | | - | 21 chapter read prior to May 23, 2017. |
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364 | | - | 22 "§31-6-11. |
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365 | | - | 23 "(a) Before an application of any veteran for |
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366 | | - | 24 benefits under this chapter can be approved, such veteran |
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367 | | - | Page 14 SB119 |
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368 | | - | 1 shall submit proof, satisfactory to the State Department of |
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369 | | - | 2 Veterans' Affairs, of all of the following: |
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370 | | - | 3 "(1) Identification. |
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371 | | - | 4 "(2) Having been a permanent resident of the State |
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372 | | - | 5 of Alabama for at least one year immediately prior to his or |
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373 | | - | 6 her entrance into service. |
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374 | | - | 7 "(3) An honorable discharge or other proof of |
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375 | | - | 8 honorable termination of at least 24 months of service in the |
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376 | | - | 9 armed forces, or if such veteran was discharged or released by |
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377 | | - | 10 reason of service-connected disability then proof of honorable |
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378 | | - | 11 termination of less than 24 months of service is acceptable. |
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379 | | - | 12 "(b)(a) Before the application of a wife spouse, |
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380 | | - | 13 widow, or child of a disabled veteran or a deceased veteran or |
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381 | | - | 14 serviceman for educational benefits under this chapter is |
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382 | | - | 15 approved, proof, satisfactory to the State Department of |
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383 | | - | 16 Veterans' Affairs, must be submitted of all of the following: |
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384 | | - | 17 "(1) Establishing the identification of such wife |
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385 | | - | 18 the spouse, widow, or child as the wife spouse, widow, or |
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386 | | - | 19 child of the veteran or serviceman, as the case may be. |
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387 | | - | 20 "(2) Of the veteran or serviceman having been a |
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388 | | - | 21 permanent resident of the State of Alabama for at least one |
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389 | | - | 22 year immediately prior, to his or her entrance into service, |
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390 | | - | 23 or if the applicant is the wife spouse, widow, or child of a |
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391 | | - | 24 totally and permanently disabled veteran, then proof either of |
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392 | | - | 25 the veteran's having been a permanent resident of the State of |
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393 | | - | Page 15 SB119 |
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394 | | - | 1 Alabama for at least one year prior to his or her entrance |
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395 | | - | 2 into service or proof that the veteran has been a bona fide |
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396 | | - | 3 resident of this state for at least five years immediately |
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397 | | - | 4 prior to the filing of the application for benefits under this |
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398 | | - | 5 chapter or immediately prior to his or her death if the |
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399 | | - | 6 veteran is deceased. |
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400 | | - | 7 "(3) Of the veteran or serviceman having been a |
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401 | | - | 8 permanent resident of the State of Alabama for at least two |
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402 | | - | 9 years immediately prior to the filing of the application for |
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403 | | - | 10 benefits under this chapter or has filed an Alabama income tax |
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404 | | - | 11 return as a resident individual for the previous ten 10 years |
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405 | | - | 12 or is a current resident and was discharged from active duty |
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406 | | - | 13 within the prior 12 months. If the veteran or serviceman is |
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407 | | - | 14 deceased, his or her dependent may still qualify if the |
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408 | | - | 15 veteran or serviceman met this residency requirement at the |
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409 | | - | 16 time of his or her death. Alabama income tax return |
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410 | | - | 17 information, including, but not limited to, the type of return |
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411 | | - | 18 filed, necessary to show the residency requirements under this |
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412 | | - | 19 chapter have been met is hereby exempted from the |
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413 | | - | 20 confidentiality provisions of Section 40-2A-10, and shall be |
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414 | | - | 21 provided by the Department of Revenue to the State Department |
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415 | | - | 22 of Veterans Veterans' Affairs upon request. Such requests and |
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416 | | - | 23 the significance of the information provided, shall be |
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417 | | - | 24 requested by the State Department of Veterans Veterans' |
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418 | | - | 25 Affairs as necessary when other residency information is not |
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419 | | - | Page 16 SB119 |
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420 | | - | 1 available, and the department shall promulgate adopt rules and |
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421 | | - | 2 procedures to effect the provisions of this section as needed. |
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422 | | - | 3 "(4) Of the wife spouse, widow, or child being a |
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423 | | - | 4 current resident of the State of Alabama. |
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424 | | - | 5 "(5) An honorable discharge or other proof of |
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425 | | - | 6 honorable termination of service of the veteran or serviceman |
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426 | | - | 7 in the armed forces for a period of at least 90 days between |
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427 | | - | 8 the dates mentioned in this chapter, or service of less than |
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428 | | - | 9 90 days if the veteran or serviceman was discharged or |
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429 | | - | 10 released by reason of a qualifying service-connected |
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430 | | - | 11 disability. |
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431 | | - | 12 "(c) The service upon which any benefits are awarded |
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432 | | - | 13 under this chapter shall have been rendered during wartime or |
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433 | | - | 14 under extrahazardous conditions, except as provided otherwise |
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434 | | - | 15 in this section; and this condition of eligibility shall be |
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435 | | - | 16 established by the State Department of Veterans' Affairs. |
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436 | | - | 17 "(d) The service requirements provided for in |
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437 | | - | 18 subsection (c) shall not apply to any person making |
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438 | | - | 19 application for benefits under this chapter beginning with the |
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439 | | - | 20 fall term of the 2014-2015 academic year, and thereafter. |
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440 | | - | 21 "(e) Notwithstanding any other provision of this |
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441 | | - | 22 chapter to the contrary, any person denied educational |
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442 | | - | 23 benefits provided by this chapter based solely upon the |
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443 | | - | 24 service requirements provided for in subsection (c) shall be |
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444 | | - | 25 eligible to receive the benefits the person would otherwise |
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445 | | - | Page 17 SB119 |
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446 | | - | 1 have been entitled to had their application been approved at |
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447 | | - | 2 the time of initial application, except as provided otherwise |
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448 | | - | 3 in this subsection. Any age limitation on the benefits |
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449 | | - | 4 provided by this chapter shall be extended in like manner for |
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450 | | - | 5 any such previously denied person to ensure that the person |
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451 | | - | 6 has the opportunity to receive all benefits they would |
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452 | | - | 7 otherwise have been entitled. In order to receive any |
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453 | | - | 8 educational benefits, such the previously denied person must |
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454 | | - | 9 reapply for educational benefits with the State Department of |
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455 | | - | 10 Veterans' Affairs and begin use of the educational benefits no |
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456 | | - | 11 later than the fall term of the 2015-2016 academic year. The |
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457 | | - | 12 value of tuition paid for any such previously denied person |
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458 | | - | 13 shall be limited to the in-state tuition rate of the Alabama |
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459 | | - | 14 state institution of higher learning, college, or university |
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460 | | - | 15 state-supported school attended. |
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461 | | - | 16 "(f)(b) For those first filing for benefits under |
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462 | | - | 17 this chapter on or after July 31, 2017, and for those |
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463 | | - | 18 attending a qualifying private school, the educational benefit |
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464 | | - | 19 shall be for tuition reimbursement and books and fees |
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465 | | - | 20 reimbursement. The value of tuition paid per semester hour (or |
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466 | | - | 21 equivalent) shall be limited to the rate of the Department of |
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467 | | - | 22 Defense Tuition Assistance Cap. The value of the books and |
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468 | | - | 23 fees paid per semester shall be limited to $1,000 one thousand |
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469 | | - | 24 dollars ($1,000) per student. |
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470 | | - | 25 "§31-6-12. |
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471 | | - | Page 18 SB119 |
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472 | | - | 1 "The State Department of Veterans' Affairs is hereby |
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473 | | - | 2 charged with the duty of informing the veterans and their |
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474 | | - | 3 dependents in this state, through its county service |
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475 | | - | 4 commissioners and all other sources at its command, of the |
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476 | | - | 5 provisions of this chapter in order that those veterans and |
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477 | | - | 6 their dependents may know of the benefits provided in this |
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478 | | - | 7 chapter. The State Department of Veterans' Affairs shall |
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479 | | - | 8 furnish and assist in preparing and producing all necessary |
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480 | | - | 9 blanks, forms, and other matters necessary for the veterans, |
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481 | | - | 10 their wives spouses, widows, or children to obtain the |
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482 | | - | 11 benefits provided under this chapter. The State Service |
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483 | | - | 12 Commissioner shall cause to be forwarded to the state |
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484 | | - | 13 institution of higher learning, college or university, or |
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485 | | - | 14 state trade qualifying school of the applicant's choice, a |
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486 | | - | 15 certificate of eligibility and entitlement, or other necessary |
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487 | | - | 16 proof for the veteran, his wife or her spouse, widow, or child |
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488 | | - | 17 to obtain the benefits made available hereby. |
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489 | | - | 18 "§31-6-13. |
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490 | | - | 19 "The president or head of each state institution of |
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491 | | - | 20 higher learning or college or university or state trade |
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492 | | - | 21 qualifying school must inform the faculty members of each |
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493 | | - | 22 respective institution of the provisions and benefits of this |
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494 | | - | 23 chapter, who in turn shall inform the wives spouses, widows, |
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495 | | - | 24 and children of veterans attending such institutions as to |
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496 | | - | Page 19 SB119 |
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497 | | - | 1 their rights and benefits under the provisions of this |
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498 | | - | 2 chapter. |
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499 | | - | 3 "§31-6-14. |
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500 | | - | 4 The county superintendent of education and the city |
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501 | | - | 5 superintendent of schools in each respective county and city |
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502 | | - | 6 must shall inform the teachers of their county and city of the |
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503 | | - | 7 provisions and benefits of this chapter, who in turn shall |
---|
504 | | - | 8 inform the children of veterans as to their rights and |
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505 | | - | 9 benefits under the provisions of this chapter. |
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506 | | - | 10 "§31-6-15. |
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507 | | - | 11 "(a) The benefits provided in this chapter shall be |
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508 | | - | 12 paid from an annual appropriation from the Education Trust |
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509 | | - | 13 Fund to reimburse every Alabama state institution of higher |
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510 | | - | 14 learning, college, university, or Alabama community or |
---|
511 | | - | 15 technical college qualifying school in which benefits are |
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512 | | - | 16 given to veterans, their wives spouses, widows, or children |
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513 | | - | 17 under this chapter. Such reimbursement Reimbursement shall be |
---|
514 | | - | 18 made timely at the end of each academic quarter or semester |
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515 | | - | 19 for all tuition reimbursements for the certified invoices |
---|
516 | | - | 20 submitted by such the institution or school to the State |
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517 | | - | 21 Department of Veterans' Affairs, and shall be supported by |
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518 | | - | 22 names of the students receiving such benefits, together with |
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519 | | - | 23 the amounts claimed for each student. Any amount of in-state |
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520 | | - | 24 tuition, books, or fees not paid by the combination of |
---|
521 | | - | 25 federal, state, and third party funds may be billed to |
---|
522 | | - | Page 20 SB119 |
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523 | | - | 1 students receiving such benefits or waived by the institution |
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524 | | - | 2 or school. |
---|
525 | | - | 3 "(b) The Department of Examiners of Public Accounts |
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526 | | - | 4 may audit the records of any two-year or four-year institution |
---|
527 | | - | 5 of higher education which receives any reimbursement as a |
---|
528 | | - | 6 result of this chapter to the same extent, degree, and scope |
---|
529 | | - | 7 as audits performed on other public educational institutions, |
---|
530 | | - | 8 and the institution shall submit to the Legislature and the |
---|
531 | | - | 9 State Department of Veterans' Affairs each year, before any |
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532 | | - | 10 subsequent reimbursement may be applied for or considered, a |
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533 | | - | 11 full accounting of any receipts, disbursements, assets, |
---|
534 | | - | 12 liabilities, and other resources as of the date of the close |
---|
535 | | - | 13 of the immediately preceding academic year. |
---|
536 | | - | 14 "§31-6-15.1. |
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537 | | - | 15 "The State Department of Veterans Veterans' Affairs |
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538 | | - | 16 shall report to the Legislature, by January 1st of each year, |
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539 | | - | 17 the number of applicants approved in the previous fiscal year |
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540 | | - | 18 and those approved as of the reporting date for the current |
---|
541 | | - | 19 fiscal year, the number of students by years of remaining |
---|
542 | | - | 20 eligibility, and the costs of the previous fiscal year's |
---|
543 | | - | 21 expenditures to the program by each category of public |
---|
544 | | - | 22 institution of higher learning qualifying school to include |
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545 | | - | 23 the number of students who attended each of those institutions |
---|
546 | | - | 24 schools. |
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547 | | - | 25 "§31-6-16. |
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548 | | - | Page 21 SB119 |
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549 | | - | 1 "Nothing in this chapter shall be construed as |
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550 | | - | 2 lowering the standards or requirements, or as to making any |
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551 | | - | 3 exceptions thereto for entrance into any of the state |
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552 | | - | 4 qualifying schools or institutions affected by this chapter. |
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553 | | - | 5 All applicants, in order to obtain the educational benefits of |
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554 | | - | 6 this chapter, must first meet all scholastic and other |
---|
555 | | - | 7 requirements for entrance into any of the qualifying schools |
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556 | | - | 8 coming within the purview of this chapter." |
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557 | | - | 9 Section 2. Section 31-6-8, Code of Alabama 1975, |
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558 | | - | 10 relating to Alabama G.I. Scholarships, is repealed. |
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559 | | - | 11 Section 3. This act shall become effective on June |
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560 | | - | 12 1, 2022, following its passage and approval by the Governor, |
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561 | | - | 13 or its otherwise becoming law. |
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562 | | - | Page 22 SB119 |
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563 | | - | 1 |
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| 113 | + | 26 veteran); may attend any Alabama state institution of higher |
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| 114 | + | 27 learning, college, or university qualifying school for a |
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| 115 | + | Page 4 1 period of five standard academic years, not to exceed 45 |
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| 116 | + | 2 months or the equivalent of 45 months if enrolled part-time, |
---|
| 117 | + | 3 pursuant to the tuition reimbursement guidelines as provided |
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| 118 | + | 4 in subsection (c) for such college or university attendance, |
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| 119 | + | 5 or any such child may take a prescribed course in any Alabama |
---|
| 120 | + | 6 state-supported community or technical college for the length |
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| 121 | + | 7 of any prescribed course of study of his or her choosing, and |
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| 122 | + | 8 if such course does not require the full 45 months, then |
---|
| 123 | + | 9 training for the remainder of the 45 months' entitlement may |
---|
| 124 | + | 10 be taken at a state-supported college or university only, |
---|
| 125 | + | 11 pursuant to the tuition reimbursement guidelines as provided |
---|
| 126 | + | 12 in subsection (c). Training under this section must be |
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| 127 | + | 13 initiated prior to the child's thirtieth birthday, and must be |
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| 128 | + | 14 completed within eight years after its initiation, except for |
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| 129 | + | 15 delays caused by military service during the training period, |
---|
| 130 | + | 16 and in no case may training be received under this chapter |
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| 131 | + | 17 beyond the thirty-eighth birthday of such the child. |
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| 132 | + | 18 "(b) Except as provided in Section 31-6-11(e), the |
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| 133 | + | 19 The educational benefits provided by this section to children |
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| 134 | + | 20 making application for benefits for the first time beginning |
---|
| 135 | + | 21 with the fall term of the 2014-2015 academic year, and |
---|
| 136 | + | 22 thereafter, shall be limited to undergraduate courses of study |
---|
| 137 | + | 23 only, and the value of tuition paid shall be limited to the |
---|
| 138 | + | 24 in-state tuition rate of the Alabama state institution of |
---|
| 139 | + | 25 higher learning, college, or university qualifying school |
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| 140 | + | 26 attended. |
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| 141 | + | Page 5 1 "(c) For those first filing for benefits under this |
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| 142 | + | 2 chapter on or after July 31, 2017, and for those attending a |
---|
| 143 | + | 3 qualifying private school, the educational benefit shall be |
---|
| 144 | + | 4 for tuition reimbursement and books and fees reimbursement. |
---|
| 145 | + | 5 The value of tuition paid per semester hour (or equivalent) |
---|
| 146 | + | 6 shall be limited to the rate of the Department of Defense |
---|
| 147 | + | 7 Tuition Assistance Cap. The value of the books and fees paid |
---|
| 148 | + | 8 per semester shall be limited to one thousand dollars ($1,000) |
---|
| 149 | + | 9 per student. |
---|
| 150 | + | 10 "(d) For the purpose of the minimum disability |
---|
| 151 | + | 11 requirement provided for in subdivision (a)(4), the dependent |
---|
| 152 | + | 12 of any veteran whose disability rating as of July 31, 2017, is |
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| 153 | + | 13 at least 20 percent but less than 40 percent shall qualify for |
---|
| 154 | + | 14 the benefits of this chapter, provided that the dependent |
---|
| 155 | + | 15 shall file application for such benefits before July 31, 2023, |
---|
| 156 | + | 16 and the dependent is reasonably expected to be eligible to |
---|
| 157 | + | 17 attend an Alabama institution of higher learning, college, or |
---|
| 158 | + | 18 university a qualifying school in the next academic year. |
---|
| 159 | + | 19 "§31-6-5. |
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| 160 | + | 20 "(a) Any wife or husband spouse or unmarried widow |
---|
| 161 | + | 21 or widower whose spouse, during their marriage: |
---|
| 162 | + | 22 "(1) Was killed or died in the line of duty or is |
---|
| 163 | + | 23 listed as missing in action or is/was a prisoner of war while |
---|
| 164 | + | 24 serving as a member of the armed forces; |
---|
| 165 | + | 25 "(2) Died from a disability incurred from military |
---|
| 166 | + | 26 service; or |
---|
| 167 | + | Page 6 1 "(3) Is 100 percent permanently and totally |
---|
| 168 | + | 2 disabled, whose permanent and total disabilities were |
---|
| 169 | + | 3 service-connected; shall be entitled to training in any |
---|
| 170 | + | 4 Alabama state-supported college or university qualifying |
---|
| 171 | + | 5 school for a period of five standard academic years, not to |
---|
| 172 | + | 6 exceed 45 months, or to training for the equivalent of 45 |
---|
| 173 | + | 7 months if enrolled part-time or to training in a prescribed |
---|
| 174 | + | 8 course in a state-supported community or technical college, |
---|
| 175 | + | 9 and if such course does not require the full 45 months, then |
---|
| 176 | + | 10 training for the remainder of such 45 months' entitlement may |
---|
| 177 | + | 11 be taken at a state-supported college or university only, |
---|
| 178 | + | 12 pursuant to the tuition reimbursement guidelines as provided |
---|
| 179 | + | 13 in subsection (c). One change of program will be allowed |
---|
| 180 | + | 14 without counseling. All training received under this section |
---|
| 181 | + | 15 must be completed within eight years after the beginning date |
---|
| 182 | + | 16 of the course its initiation. This section shall not apply to |
---|
| 183 | + | 17 the spouse of any such deceased serviceman or veteran who has |
---|
| 184 | + | 18 remarried prior to applying for and obtaining educational |
---|
| 185 | + | 19 benefits under this section, and should any such spouse of |
---|
| 186 | + | 20 such the deceased serviceman or veteran remarry during the |
---|
| 187 | + | 21 time he or she is in attendance upon any of the qualifying |
---|
| 188 | + | 22 schools, colleges, or universities mentioned in this section, |
---|
| 189 | + | 23 then he or she shall pay tuition and fees for the course of |
---|
| 190 | + | 24 study or attendance upon such the qualifying school, college, |
---|
| 191 | + | 25 or university from the time of the remarriage. The benefits |
---|
| 192 | + | 26 provided under this section shall be in addition to federal |
---|
| 193 | + | 27 government benefits. |
---|
| 194 | + | Page 7 1 "(b) Except as provided in Section 31-6-11(e), the |
---|
| 195 | + | 2 The educational benefits provided by this section to wives, |
---|
| 196 | + | 3 husbands, and unmarried spouses and widows or widowers making |
---|
| 197 | + | 4 application for benefits for the first time beginning with the |
---|
| 198 | + | 5 fall term of the 2014-2015 academic year, and thereafter, |
---|
| 199 | + | 6 shall be limited to undergraduate courses of study only, and |
---|
| 200 | + | 7 the value of tuition paid shall be limited to the in-state |
---|
| 201 | + | 8 tuition rate of the Alabama state-supported college or |
---|
| 202 | + | 9 university qualifying school attended. |
---|
| 203 | + | 10 "(c) For those first filing for benefits under this |
---|
| 204 | + | 11 chapter on or after July 31, 2017, and for those attending a |
---|
| 205 | + | 12 qualifying private school, the educational benefit shall be |
---|
| 206 | + | 13 for tuition reimbursement and books and fees reimbursement. |
---|
| 207 | + | 14 The value of tuition paid per semester hour (or equivalent) |
---|
| 208 | + | 15 shall be limited to the rate of the Department of Defense |
---|
| 209 | + | 16 Tuition Assistance Cap. The value of the books and fees paid |
---|
| 210 | + | 17 per semester shall be limited to $1,000 one thousand dollars |
---|
| 211 | + | 18 ($1,000) per student. |
---|
| 212 | + | 19 "§31-6-6. |
---|
| 213 | + | 20 "(a) The spouse and children of any veteran who is |
---|
| 214 | + | 21 suffering from 40 to 90 percent service-connected disability |
---|
| 215 | + | 22 brought about from service in the Armed Forces of the United |
---|
| 216 | + | 23 States, or the unmarried widow or widower and children of a |
---|
| 217 | + | 24 deceased veteran who was suffering from 40 percent or more of |
---|
| 218 | + | 25 service-connected disability at the time of death, provided |
---|
| 219 | + | 26 such disabilities as are mentioned herein are incurred from |
---|
| 220 | + | 27 military service, as established by the State Department of |
---|
| 221 | + | Page 8 1 Veterans' Affairs, shall be entitled to the following |
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| 222 | + | 2 educational advantages and opportunities: |
---|
| 223 | + | 3 "(1) The spouse or unmarried widow or widower, as |
---|
| 224 | + | 4 the case may be, shall be entitled to up to 27 months of |
---|
| 225 | + | 5 schooling, or the equivalent of 27 months if enrolled |
---|
| 226 | + | 6 part-time, in any Alabama state-supported institution of |
---|
| 227 | + | 7 higher learning, college, or university, or to a prescribed |
---|
| 228 | + | 8 course in any Alabama state-supported community or technical |
---|
| 229 | + | 9 college qualifying school, pursuant to the tuition |
---|
| 230 | + | 10 reimbursement guidelines as provided in subsection (d). One |
---|
| 231 | + | 11 change of program will be allowed without counseling. It is |
---|
| 232 | + | 12 provided, however, that all All training received at state |
---|
| 233 | + | 13 institutions of higher learning or state-supported community |
---|
| 234 | + | 14 or technical college qualifying schools under this subdivision |
---|
| 235 | + | 15 must be completed within a period of six years after the |
---|
| 236 | + | 16 beginning date of such two-year course or such prescribed |
---|
| 237 | + | 17 course its initiation. |
---|
| 238 | + | 18 "(2) Each child of such a disabled veteran shall be |
---|
| 239 | + | 19 entitled to five standard academic years, or the equivalent of |
---|
| 240 | + | 20 45 months if enrolled part-time, in any Alabama |
---|
| 241 | + | 21 state-supported institution of higher learning, college, or |
---|
| 242 | + | 22 university, or to a prescribed course at an Alabama |
---|
| 243 | + | 23 state-supported community or technical college. If the course |
---|
| 244 | + | 24 of training at the community or technical college does not |
---|
| 245 | + | 25 require the full time to which such child is entitled |
---|
| 246 | + | 26 hereunder, then the remaining entitlement may be taken in a |
---|
| 247 | + | 27 state-supported college or university only, qualifying school |
---|
| 248 | + | Page 9 1 pursuant to the tuition reimbursement guidelines as provided |
---|
| 249 | + | 2 in subsection (d). One change of program will be allowed |
---|
| 250 | + | 3 without counseling. Training under this subdivision must be |
---|
| 251 | + | 4 initiated prior to the child's twenty-sixth birthday, and must |
---|
| 252 | + | 5 be completed within eight years after its initiation, except |
---|
| 253 | + | 6 for delays caused by military service during the training |
---|
| 254 | + | 7 period, and in no case may training be received under this |
---|
| 255 | + | 8 section beyond the thirty-fourth birthday of such the child. |
---|
| 256 | + | 9 "(b) For the purpose of the minimum disability |
---|
| 257 | + | 10 requirement provided for in subsection (a), the dependent of |
---|
| 258 | + | 11 any veteran whose disability rating as of July 31, 2017, is at |
---|
| 259 | + | 12 least 20 percent but less than 40 percent shall qualify for |
---|
| 260 | + | 13 the benefits of this chapter, provided that the dependent |
---|
| 261 | + | 14 shall file application for such benefits before July 31, 2023, |
---|
| 262 | + | 15 and the dependent is reasonably expected to be eligible to |
---|
| 263 | + | 16 attend an Alabama institution of higher learning, college or |
---|
| 264 | + | 17 university a qualifying school in the next academic year. |
---|
| 265 | + | 18 "(c) Except as provided in Section 31-6-11(e), the |
---|
| 266 | + | 19 The educational benefits provided by this section to spouses, |
---|
| 267 | + | 20 children, and unmarried widows and widowers making application |
---|
| 268 | + | 21 for benefits for the first time beginning with the fall term |
---|
| 269 | + | 22 of the 2014-2015 academic year, and thereafter, shall be |
---|
| 270 | + | 23 limited to undergraduate courses of study only, and the value |
---|
| 271 | + | 24 of tuition paid shall be limited to the in-state tuition rate |
---|
| 272 | + | 25 of the Alabama state-supported institution of higher learning, |
---|
| 273 | + | 26 college, or university qualifying school attended. |
---|
| 274 | + | Page 10 1 "(d) For those first filing for benefits under this |
---|
| 275 | + | 2 chapter on or after July 31, 2017, and for those attending a |
---|
| 276 | + | 3 qualifying private school, the educational benefit shall be |
---|
| 277 | + | 4 for tuition reimbursement and books and fees reimbursement. |
---|
| 278 | + | 5 The value of tuition paid per semester hour (or equivalent) |
---|
| 279 | + | 6 shall be limited to the rate of the Department of Defense |
---|
| 280 | + | 7 Tuition Assistance Cap. The value of the books and fees paid |
---|
| 281 | + | 8 per semester shall be limited to $1,000 one thousand dollars |
---|
| 282 | + | 9 ($1,000) per student. |
---|
| 283 | + | 10 "(e) The benefits provided under this section shall |
---|
| 284 | + | 11 be available in addition to federal government benefits. Any |
---|
| 285 | + | 12 child, spouse, or unmarried widow who was denied full |
---|
| 286 | + | 13 entitlement, 27 or 45 months, whichever the case may be, shall |
---|
| 287 | + | 14 have the remainder of their entitlement reinstated under this |
---|
| 288 | + | 15 chapter. |
---|
| 289 | + | 16 "§31-6-9. |
---|
| 290 | + | 17 "(a) For those dependents who first file for |
---|
| 291 | + | 18 benefits under this chapter prior to July 31, 2017, the |
---|
| 292 | + | 19 benefits provided under this chapter shall be in addition to |
---|
| 293 | + | 20 any other state or federal benefits to which that dependent |
---|
| 294 | + | 21 may be entitled. |
---|
| 295 | + | 22 "(b) For dependents who first file for benefits |
---|
| 296 | + | 23 under this chapter on or after July 31, 2017, and for those |
---|
| 297 | + | 24 attending a qualifying private school: |
---|
| 298 | + | 25 "(1) To the extent permitted by law, prior to |
---|
| 299 | + | 26 applying any benefits provided for under this chapter, |
---|
| 300 | + | 27 institutional certifying officials and financial aid officials |
---|
| 301 | + | Page 11 1 shall first apply other federal, state, institutional, and |
---|
| 302 | + | 2 third party scholarships and grants awarded to the dependent |
---|
| 303 | + | 3 for that academic period for payment of required educational |
---|
| 304 | + | 4 expenses during an academic period. |
---|
| 305 | + | 5 "(2) A completed Free Application for Federal |
---|
| 306 | + | 6 Student Aid (FAFSA), or the equivalent, must be submitted to |
---|
| 307 | + | 7 the United States Department of Education for each year in |
---|
| 308 | + | 8 which the dependent receives benefits under this chapter. The |
---|
| 309 | + | 9 dependent shall have applied for all federal student financial |
---|
| 310 | + | 10 aid grants, including, but not limited to, Pell Grants, |
---|
| 311 | + | 11 Supplemental Education Opportunity Grants, and Education and |
---|
| 312 | + | 12 Training Vouchers, identified as being available for the |
---|
| 313 | + | 13 student's application by Federal Student Aid, an office of the |
---|
| 314 | + | 14 United States Department of Education, or its successor |
---|
| 315 | + | 15 agency. |
---|
| 316 | + | 16 "(3) All students receiving educational benefits |
---|
| 317 | + | 17 under this chapter and the educational institutions qualifying |
---|
| 318 | + | 18 schools they attend must comply with the standards of |
---|
| 319 | + | 19 Satisfactory Academic Progress (SAP) as required for Title IV |
---|
| 320 | + | 20 benefits under the Higher Education Act and as defined by that |
---|
| 321 | + | 21 education institution qualifying school. Those students who |
---|
| 322 | + | 22 would no longer be eligible to receive Title IV benefits due |
---|
| 323 | + | 23 to a failure to meet SAP standards shall no longer be eligible |
---|
| 324 | + | 24 to receive benefits under this chapter. Education institutions |
---|
| 325 | + | 25 Each qualifying school shall notify the Alabama State |
---|
| 326 | + | 26 Department of Veterans Veterans' Affairs of any student who |
---|
| 327 | + | 27 currently holds a certificate of eligibility for benefits |
---|
| 328 | + | Page 12 1 under this chapter who is no longer eligible to receive |
---|
| 329 | + | 2 benefits due to a failure to meet SAP standards and the |
---|
| 330 | + | 3 effective date of that change in eligibility. |
---|
| 331 | + | 4 "(4) The dependent shall ensure that all qualifying |
---|
| 332 | + | 5 schools they attend he or she attends under this program are |
---|
| 333 | + | 6 authorized to release such personally identifiable information |
---|
| 334 | + | 7 to the Alabama State Department of Veterans Veterans' Affairs |
---|
| 335 | + | 8 as is required for the determination of that dependent's |
---|
| 336 | + | 9 continued eligibility and as required for the completion of |
---|
| 337 | + | 10 all reports required by law. |
---|
| 338 | + | 11 "(c) Any dependent who receives benefits under this |
---|
| 339 | + | 12 chapter, and whose benefit period is interrupted due to |
---|
| 340 | + | 13 accident, injury, or illness, shall have the benefit time |
---|
| 341 | + | 14 period which is lost due to such accident, illness, or injury |
---|
| 342 | + | 15 restored to him or her. |
---|
| 343 | + | 16 "(d) Notwithstanding any other provision of this |
---|
| 344 | + | 17 chapter to the contrary, dependents of any veteran whose |
---|
| 345 | + | 18 disability rating, if any, prior to May 23, 2017, was less |
---|
| 346 | + | 19 than 20 percent, but who had a claim for compensation pending |
---|
| 347 | + | 20 prior to that date which resulted in a final award by the |
---|
| 348 | + | 21 United States Department of Veterans Affairs of at least 20 |
---|
| 349 | + | 22 percent, shall be eligible for education benefits as the |
---|
| 350 | + | 23 chapter read prior to May 23, 2017, if the dependent files an |
---|
| 351 | + | 24 application for benefits under this chapter within six months |
---|
| 352 | + | 25 of that final adjudication and provides proof satisfactory to |
---|
| 353 | + | 26 the Alabama State Department of Veterans Veterans' Affairs |
---|
| 354 | + | 27 that they qualify he or she qualifies under this exception and |
---|
| 355 | + | Page 13 1 currently meet satisfies the eligibility requirements as the |
---|
| 356 | + | 2 chapter read prior to May 23, 2017. |
---|
| 357 | + | 3 "§31-6-11. |
---|
| 358 | + | 4 "(a) Before an application of any veteran for |
---|
| 359 | + | 5 benefits under this chapter can be approved, such veteran |
---|
| 360 | + | 6 shall submit proof, satisfactory to the State Department of |
---|
| 361 | + | 7 Veterans' Affairs, of all of the following: |
---|
| 362 | + | 8 "(1) Identification. |
---|
| 363 | + | 9 "(2) Having been a permanent resident of the State |
---|
| 364 | + | 10 of Alabama for at least one year immediately prior to his or |
---|
| 365 | + | 11 her entrance into service. |
---|
| 366 | + | 12 "(3) An honorable discharge or other proof of |
---|
| 367 | + | 13 honorable termination of at least 24 months of service in the |
---|
| 368 | + | 14 armed forces, or if such veteran was discharged or released by |
---|
| 369 | + | 15 reason of service-connected disability then proof of honorable |
---|
| 370 | + | 16 termination of less than 24 months of service is acceptable. |
---|
| 371 | + | 17 "(b)(a) Before the application of a wife spouse, |
---|
| 372 | + | 18 widow, or child of a disabled veteran or a deceased veteran or |
---|
| 373 | + | 19 serviceman for educational benefits under this chapter is |
---|
| 374 | + | 20 approved, proof, satisfactory to the State Department of |
---|
| 375 | + | 21 Veterans' Affairs, must be submitted of all of the following: |
---|
| 376 | + | 22 "(1) Establishing the identification of such wife |
---|
| 377 | + | 23 the spouse, widow, or child as the wife spouse, widow, or |
---|
| 378 | + | 24 child of the veteran or serviceman, as the case may be. |
---|
| 379 | + | 25 "(2) Of the veteran or serviceman having been a |
---|
| 380 | + | 26 permanent resident of the State of Alabama for at least one |
---|
| 381 | + | 27 year immediately prior, to his or her entrance into service, |
---|
| 382 | + | Page 14 1 or if the applicant is the wife spouse, widow, or child of a |
---|
| 383 | + | 2 totally and permanently disabled veteran, then proof either of |
---|
| 384 | + | 3 the veteran's having been a permanent resident of the State of |
---|
| 385 | + | 4 Alabama for at least one year prior to his or her entrance |
---|
| 386 | + | 5 into service or proof that the veteran has been a bona fide |
---|
| 387 | + | 6 resident of this state for at least five years immediately |
---|
| 388 | + | 7 prior to the filing of the application for benefits under this |
---|
| 389 | + | 8 chapter or immediately prior to his or her death if the |
---|
| 390 | + | 9 veteran is deceased. |
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| 391 | + | 10 "(3) Of the veteran or serviceman having been a |
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| 392 | + | 11 permanent resident of the State of Alabama for at least two |
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| 393 | + | 12 years immediately prior to the filing of the application for |
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| 394 | + | 13 benefits under this chapter or has filed an Alabama income tax |
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| 395 | + | 14 return as a resident individual for the previous ten 10 years |
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| 396 | + | 15 or is a current resident and was discharged from active duty |
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| 397 | + | 16 within the prior 12 months. If the veteran or serviceman is |
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| 398 | + | 17 deceased, his or her dependent may still qualify if the |
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| 399 | + | 18 veteran or serviceman met this residency requirement at the |
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| 400 | + | 19 time of his or her death. Alabama income tax return |
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| 401 | + | 20 information, including, but not limited to, the type of return |
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| 402 | + | 21 filed, necessary to show the residency requirements under this |
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| 403 | + | 22 chapter have been met is hereby exempted from the |
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| 404 | + | 23 confidentiality provisions of Section 40-2A-10, and shall be |
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| 405 | + | 24 provided by the Department of Revenue to the State Department |
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| 406 | + | 25 of Veterans Veterans' Affairs upon request. Such requests and |
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| 407 | + | 26 the significance of the information provided, shall be |
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| 408 | + | 27 requested by the State Department of Veterans Veterans' |
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| 409 | + | Page 15 1 Affairs as necessary when other residency information is not |
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| 410 | + | 2 available, and the department shall promulgate adopt rules and |
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| 411 | + | 3 procedures to effect the provisions of this section as needed. |
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| 412 | + | 4 "(4) Of the wife spouse, widow, or child being a |
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| 413 | + | 5 current resident of the State of Alabama. |
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| 414 | + | 6 "(5) An honorable discharge or other proof of |
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| 415 | + | 7 honorable termination of service of the veteran or serviceman |
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| 416 | + | 8 in the armed forces for a period of at least 90 days between |
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| 417 | + | 9 the dates mentioned in this chapter, or service of less than |
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| 418 | + | 10 90 days if the veteran or serviceman was discharged or |
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| 419 | + | 11 released by reason of a qualifying service-connected |
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| 420 | + | 12 disability. |
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| 421 | + | 13 "(c) The service upon which any benefits are awarded |
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| 422 | + | 14 under this chapter shall have been rendered during wartime or |
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| 423 | + | 15 under extrahazardous conditions, except as provided otherwise |
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| 424 | + | 16 in this section; and this condition of eligibility shall be |
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| 425 | + | 17 established by the State Department of Veterans' Affairs. |
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| 426 | + | 18 "(d) The service requirements provided for in |
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| 427 | + | 19 subsection (c) shall not apply to any person making |
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| 428 | + | 20 application for benefits under this chapter beginning with the |
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| 429 | + | 21 fall term of the 2014-2015 academic year, and thereafter. |
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| 430 | + | 22 "(e) Notwithstanding any other provision of this |
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| 431 | + | 23 chapter to the contrary, any person denied educational |
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| 432 | + | 24 benefits provided by this chapter based solely upon the |
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| 433 | + | 25 service requirements provided for in subsection (c) shall be |
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| 434 | + | 26 eligible to receive the benefits the person would otherwise |
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| 435 | + | 27 have been entitled to had their application been approved at |
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| 436 | + | Page 16 1 the time of initial application, except as provided otherwise |
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| 437 | + | 2 in this subsection. Any age limitation on the benefits |
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| 438 | + | 3 provided by this chapter shall be extended in like manner for |
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| 439 | + | 4 any such previously denied person to ensure that the person |
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| 440 | + | 5 has the opportunity to receive all benefits they would |
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| 441 | + | 6 otherwise have been entitled. In order to receive any |
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| 442 | + | 7 educational benefits, such the previously denied person must |
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| 443 | + | 8 reapply for educational benefits with the State Department of |
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| 444 | + | 9 Veterans' Affairs and begin use of the educational benefits no |
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| 445 | + | 10 later than the fall term of the 2015-2016 academic year. The |
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| 446 | + | 11 value of tuition paid for any such previously denied person |
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| 447 | + | 12 shall be limited to the in-state tuition rate of the Alabama |
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| 448 | + | 13 state institution of higher learning, college, or university |
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| 449 | + | 14 state-supported school attended. |
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| 450 | + | 15 "(f)(b) For those first filing for benefits under |
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| 451 | + | 16 this chapter on or after July 31, 2017, and for those |
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| 452 | + | 17 attending a qualifying private school, the educational benefit |
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| 453 | + | 18 shall be for tuition reimbursement and books and fees |
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| 454 | + | 19 reimbursement. The value of tuition paid per semester hour (or |
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| 455 | + | 20 equivalent) shall be limited to the rate of the Department of |
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| 456 | + | 21 Defense Tuition Assistance Cap. The value of the books and |
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| 457 | + | 22 fees paid per semester shall be limited to $1,000 one thousand |
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| 458 | + | 23 dollars ($1,000) per student. |
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| 459 | + | 24 "§31-6-12. |
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| 460 | + | 25 "The State Department of Veterans' Affairs is hereby |
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| 461 | + | 26 charged with the duty of informing the veterans and their |
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| 462 | + | 27 dependents in this state, through its county service |
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| 463 | + | Page 17 1 commissioners and all other sources at its command, of the |
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| 464 | + | 2 provisions of this chapter in order that those veterans and |
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| 465 | + | 3 their dependents may know of the benefits provided in this |
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| 466 | + | 4 chapter. The State Department of Veterans' Affairs shall |
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| 467 | + | 5 furnish and assist in preparing and producing all necessary |
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| 468 | + | 6 blanks, forms, and other matters necessary for the veterans, |
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| 469 | + | 7 their wives spouses, widows, or children to obtain the |
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| 470 | + | 8 benefits provided under this chapter. The State Service |
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| 471 | + | 9 Commissioner shall cause to be forwarded to the state |
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| 472 | + | 10 institution of higher learning, college or university, or |
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| 473 | + | 11 state trade qualifying school of the applicant's choice, a |
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| 474 | + | 12 certificate of eligibility and entitlement, or other necessary |
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| 475 | + | 13 proof for the veteran, his wife or her spouse, widow, or child |
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| 476 | + | 14 to obtain the benefits made available hereby. |
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| 477 | + | 15 "§31-6-13. |
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| 478 | + | 16 "The president or head of each state institution of |
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| 479 | + | 17 higher learning or college or university or state trade |
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| 480 | + | 18 qualifying school must inform the faculty members of each |
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| 481 | + | 19 respective institution of the provisions and benefits of this |
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| 482 | + | 20 chapter, who in turn shall inform the wives spouses, widows, |
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| 483 | + | 21 and children of veterans attending such institutions as to |
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| 484 | + | 22 their rights and benefits under the provisions of this |
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| 485 | + | 23 chapter. |
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| 486 | + | 24 "§31-6-14. |
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| 487 | + | 25 The county superintendent of education and the city |
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| 488 | + | 26 superintendent of schools in each respective county and city |
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| 489 | + | 27 must shall inform the teachers of their county and city of the |
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| 490 | + | Page 18 1 provisions and benefits of this chapter, who in turn shall |
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| 491 | + | 2 inform the children of veterans as to their rights and |
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| 492 | + | 3 benefits under the provisions of this chapter. |
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| 493 | + | 4 "§31-6-15. |
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| 494 | + | 5 "(a) The benefits provided in this chapter shall be |
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| 495 | + | 6 paid from an annual appropriation from the Education Trust |
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| 496 | + | 7 Fund to reimburse every Alabama state institution of higher |
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| 497 | + | 8 learning, college, university, or Alabama community or |
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| 498 | + | 9 technical college qualifying school in which benefits are |
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| 499 | + | 10 given to veterans, their wives spouses, widows, or children |
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| 500 | + | 11 under this chapter. Such reimbursement Reimbursement shall be |
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| 501 | + | 12 made timely at the end of each academic quarter or semester |
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| 502 | + | 13 for all tuition reimbursements for the certified invoices |
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| 503 | + | 14 submitted by such the institution or school to the State |
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| 504 | + | 15 Department of Veterans' Affairs, and shall be supported by |
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| 505 | + | 16 names of the students receiving such benefits, together with |
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| 506 | + | 17 the amounts claimed for each student. Any amount of in-state |
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| 507 | + | 18 tuition, books, or fees not paid by the combination of |
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| 508 | + | 19 federal, state, and third party funds may be billed to |
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| 509 | + | 20 students receiving such benefits or waived by the institution |
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| 510 | + | 21 or school. |
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| 511 | + | 22 "(b) The Department of Examiners of Public Accounts |
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| 512 | + | 23 may audit the records of any two-year or four-year institution |
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| 513 | + | 24 of higher education which receives any reimbursement as a |
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| 514 | + | 25 result of this chapter to the same extent, degree, and scope |
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| 515 | + | 26 as audits performed on other public educational institutions, |
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| 516 | + | 27 and the institution shall submit to the Legislature and the |
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| 517 | + | Page 19 1 State Department of Veterans' Affairs each year, before any |
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| 518 | + | 2 subsequent reimbursement may be applied for or considered, a |
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| 519 | + | 3 full accounting of any receipts, disbursements, assets, |
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| 520 | + | 4 liabilities, and other resources as of the date of the close |
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| 521 | + | 5 of the immediately preceding academic year. |
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| 522 | + | 6 "§31-6-15.1. |
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| 523 | + | 7 "The State Department of Veterans Veterans' Affairs |
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| 524 | + | 8 shall report to the Legislature, by January 1st of each year, |
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| 525 | + | 9 the number of applicants approved in the previous fiscal year |
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| 526 | + | 10 and those approved as of the reporting date for the current |
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| 527 | + | 11 fiscal year, the number of students by years of remaining |
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| 528 | + | 12 eligibility, and the costs of the previous fiscal year's |
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| 529 | + | 13 expenditures to the program by each category of public |
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| 530 | + | 14 institution of higher learning qualifying school to include |
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| 531 | + | 15 the number of students who attended each of those institutions |
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| 532 | + | 16 schools. |
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| 533 | + | 17 "§31-6-16. |
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| 534 | + | 18 "Nothing in this chapter shall be construed as |
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| 535 | + | 19 lowering the standards or requirements, or as to making any |
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| 536 | + | 20 exceptions thereto for entrance into any of the state |
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| 537 | + | 21 qualifying schools or institutions affected by this chapter. |
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| 538 | + | 22 All applicants, in order to obtain the educational benefits of |
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| 539 | + | 23 this chapter, must first meet all scholastic and other |
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| 540 | + | 24 requirements for entrance into any of the qualifying schools |
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| 541 | + | 25 coming within the purview of this chapter." |
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| 542 | + | 26 Section 2. Section 31-6-8, Code of Alabama 1975, |
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| 543 | + | 27 relating to Alabama G.I. Scholarships, is repealed. |
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| 544 | + | Page 20 1 Section 3. This act shall become effective on June |
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| 545 | + | 2 1, 2022, following its passage and approval by the Governor, |
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| 546 | + | 3 or its otherwise becoming law. |
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| 547 | + | Page 21 1 |
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