Code of Alabama - Title 31: Military Affairs and Civil Defense - Section 31-6-6 - Educational benefits for spouses and children of partially disabled veterans; reinstatement of entitlements

Section 31-6-6 - Educational benefits for spouses and children of partially disabled veterans; reinstatement of entitlements.

(a) The spouse and children of any veteran who is suffering from 40 to 90 percent service-connected disability brought about from service in the Armed Forces of the United States, or the unmarried widow or widower and children of a deceased veteran who was suffering from 40 percent or more of service-connected disability at the time of death, provided such disabilities as are mentioned herein are incurred from military service, as established by the State Department of Veterans' Affairs, shall be entitled to the following educational advantages and opportunities:

(1) The spouse or unmarried widow or widower, as the case may be, shall be entitled to up to 27 months of schooling or the equivalent of 27 months if enrolled part-time, in any Alabama state-supported institution of higher learning, college, or university, or to a prescribed course in any Alabama state-supported community or technical college, pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program will be allowed without counseling. It is provided, however, that all training received at state institutions of higher learning or state-supported community or technical college under this subdivision must be completed within a period of six years after the beginning date of such two-year course or such prescribed course.

(2) Each child of such disabled veteran shall be entitled to five standard academic years, or the equivalent of 45 months if enrolled part-time, in any Alabama state-supported institution of higher learning, college, or university, or to a prescribed course at an Alabama state-supported community or technical college. If the course of training at the community or technical college does not require the full time to which such child is entitled hereunder, then the remaining entitlement may be taken in a state-supported college or university only, pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program will be allowed without counseling. Training under this subdivision must be initiated prior to the child's twenty-sixth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this section beyond the thirty-fourth birthday of such child.

(b) For the purpose of the minimum disability requirement provided for in subsection (a), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter provided that the dependent shall file application for such benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend an Alabama institution of higher learning, college or university in the next academic year.

(c) Except as provided in Section 31-6-11(e), the educational benefits provided by this section to spouses, children, and unmarried widows and widowers making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the Alabama state-supported institution of higher learning, college, or university attended.

(d) For those first filing for benefits under this chapter on or after July 31, 2017, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour (or equivalent) shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to $1,000 per student.

(e) The benefits provided under this section shall be available in addition to federal government benefits. Any child, spouse, or unmarried widow or widower who was denied full entitlement, 27 or 45 months, whichever the case may be, shall have the remainder of their entitlement reinstated under this chapter.

(Acts 1951, No. 47, p. 259, §3; Acts 1957, No. 617, p. 883, §3; Acts 1966, Ex. Sess., No. 206, p. 250, §3; Acts 1969, No. 418, p. 816, §2; Acts 1973, No. 1275, p. 2177, §3; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262, §1; Act 2009-559, p. 1606, §1; Act 2014-177, p. 509, §1; Act 2017-349, §1; Act 2018-406, §1(b)(5).)

Last modified: May 3, 2021