Code of Alabama - Title 31: Military Affairs and Civil Defense - Section 31-6-4 - Educational benefits for children of deceased or disabled veterans or prisoners of war

Section 31-6-4 - Educational benefits for children of deceased or disabled veterans or prisoners of war.

(a) Any child whose father or mother:

(1) Was killed or died in line of duty or is listed as missing in action or is/was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces; or

(2) Died from a disability incurred from military service, as established by the State Department of Veterans' Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which such disability occurred, or who was honorably discharged by reason of wartime, service-connected disability after serving less than 90 days; or

(3) Has been assigned 100 percent permanent or total disability rated by the United States Veterans' Administration, or was discharged or retired from the armed forces with a 40 percent or more disability and maintained that percentage (such person to be deemed to be a disabled veteran); may attend any Alabama state institution of higher learning, college, or university for a period of five standard academic years, not to exceed 45 months or the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c) for such college or university attendance, or any such child may take a prescribed course in any Alabama state-supported community or technical college for the length of any prescribed course of study of his or her choosing, and if such course does not require the full 45 months, then training for the remainder of such 45 months' entitlement may be taken at a state-supported college or university only, pursuant to the tuition reimbursement guidelines as provided in subsection (c),. Training under this section must be initiated prior to the child's thirtieth 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 chapter beyond the thirty-eighth birthday of such child.

(b) Except as provided in Section 31-6-11(e), the educational benefits provided by this section to children 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 institution of higher learning, college, or university attended.

(c) 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.

(d) For the purpose of the minimum disability requirement provided for in subsection (a)(3), 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.

(Acts 1951, No. 47, p. 259, §1; Acts 1951, No. 975, p. 1648; Acts 1957, No. 617, p. 883, §1; Acts 1966, Ex. Sess., No. 206, p. 250, §1; Acts 1969, No. 418, p. 816, §1; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §1; Acts 1973, No. 1275, p. 2177, §1; 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.)

Last modified: May 3, 2021