Waiver of fees and tuition for dependents of POWs or deceased veterans – Requirements

(a) Except as provided in subsection (e), every dependent child in this state under twenty-three (23) years of age, whose parent was killed, died as a direct result of injuries received or has been officially reported as being either a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances, or the spouse of such veteran, is entitled to a waiver of tuition, maintenance fees, student activity fees and required registration or matriculation fees and shall be admitted without cost to any of the institutions of higher education owned, operated and maintained by the state. Ask a legal question, get an answer ASAP!(b) (1) To be eligible for the educational assistance benefits established by this section, the dependent child or spouse shall: (A) Present official certification from the United States government that the parent (father or mother) or spouse veteran was killed or died as a direct result of injuries received while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict; (B) Present official certification from the United States government that the parent (father or mother) or spouse veteran has been officially reported as being a prisoner of war or missing in action while serving honorably as a member of the United States armed forces during a qualifying period of armed conflict or was formerly a prisoner of war or missing in action under such circumstances as appropriate; or (C) Present certificate of release or discharge from active duty, department of defense form 214 (DD 214), for the veteran or service member from whom the eligibility for the benefits established by this section derives. (2) The deceased veteran, prisoner of war or missing in action service member from whom eligibility derives shall have been a citizen of this state at the time the veteran was killed, at the time the fatal injury was sustained by the veteran or at the time the service member was officially reported as being a prisoner of war or missing in action. The former prisoner of war from whom eligibility derives shall be a citizen of this state at the time the person‘s dependent child or spouse applies for the educational assistance benefits established by this section. (3) The dependent child or spouse, prior to receiving the educational assistance benefits established by this section, shall have or possess the necessary qualifications required for admission to the appropriate state institution of higher education. To maintain eligibility for benefits, the dependent child or spouse shall be in active pursuit of a specific and declared degree or certificate program at the institution. (4) A veteran’s spouse’s eligibility for the educational assistance benefits established by this section shall terminate ten (10) years after the death of the veteran from whom the eligibility for benefits derives; provided, that a veteran’s spouse’s eligibility for benefits shall terminate immediately upon the person’s remarriage within the ten-year period. (5) In cases where a student qualifies for the educational assistance benefits established by this section after the student has paid tuition and fees for a term, there shall be no refund of any moneys by the institution of higher education, including, but not limited to, paid tuition and fees. (c) As used in this section, unless the context otherwise requires: (1) “Dependent child” means a natural or adopted child or stepchild of a veteran or service member whom the veteran or service member claims as a dependent for federal income tax purposes; (2) “Parent” means the father or mother of a natural or adopted child or stepchild whom the parent claims as a dependent for federal income tax purposes; (3) “Qualifying period of armed conflict” means any hostile military operation for which the following United States military campaign medals are individually authorized: (A) Armed Forces Expeditionary Medal; (B) Navy Expeditionary Medal; (C) Marine Corps Expeditionary Medal; (D) Combat Action Ribbon (Navy, Marine Corps and Coast Guard); (E) Army Combat Infantryman Badge; (F) Kosovo Campaign Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (G) Southwest Asia Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (H) Vietnam Service Medal with at least one (1) bronze star appurtenance for specific military campaign participation by the veteran; (I) United States Department of Defense Prisoner of War Medal for former prisoners of war; (J) Global War on Terrorism Expeditionary Medal; (K) Air Force Expeditionary Medal; (L) Combat Medic Badge; (M) Afghanistan Campaign Medal; (N) Iraq Campaign Medal; (O) Army Combat Action Badge; and (P) Navy Submari