(a) The purpose of this article is to provide educational opportunities for the children and spouses of those:
(1) Who served in:
(A) The Army, Navy or Marine Corps of the United States during the world war from April 6, 1917, to July 2, 1921, all dates inclusive;
(B) The Armed Forces of the United States of America at any time between December 1, 1941, and the declaration of peace by the Congress of the United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any time between June 27, 1950, and January 31, 1955, all dates inclusive;
(D) The Armed Forces of the United States of America at any time between August 5, 1964, and May 7, 1975, all dates inclusive; or
(E) The Armed Forces of the United States of America at any time during which the forces or members of the reserve components are called to active duty by the President of the United States under Title 10 of the United States Code for the purpose of entering into armed combat; and
(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from their war service.
(b) For the purpose of this article, there is appropriated from the state General Revenue Fund the sum of at least $5,000 for each fiscal year commencing July 1, and ending on June 30 of each year of the next biennium to be used for the benefit of these children and spouses while attending post-secondary education or training institutions.
(c) This benefit also shall be given to children and spouses of a service member killed during hostile actions as defined by the agency administering this section.
(d) The term "children" as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran's demise.
(e) The term "spouse" as used in this article includes any spouse who remained married to the veteran prior to the veteran's demise and who was neither the plaintiff nor defendant in any active divorce or annulment proceedings against the veteran at the time of the veteran's demise.
(a) To be eligible for the benefits of this article, a child or spouse set forth in section one of this article shall meet the following conditions:
(1) In the case of a child, is at least sixteen and not more than twenty-five years of age;
(2) Is enrolled in a post-secondary education or training institution in this state; and
(3) Is the child or spouse of an enlistee who designated West Virginia as his or her state of record.
(b) The application shall be made to, and upon forms provided by, the West Virginia Division of Veterans' Affairs. The division shall determine the eligibility of those who apply and the yearly amount to be allotted each applicant. The amount, in the discretion of the division, may vary from year to year, but may not exceed the sum of $1,000 in any one semester or a total of $2,000 in any one year. In selecting those to receive the benefits of this article, preference shall be given those who are otherwise financially unable to secure the educational opportunities.
(a) A state post-secondary education or training institution may not charge tuition and fees to an eligible applicant attending that institution pursuant to this article. The funds appropriated in this article shall be expended by the West Virginia Division of Veterans' Affairs only for matriculation fees, board, room rent, books, supplies and other necessary living expenses of those children.
(b) In the event that a child or spouse eligible for a tuition waiver pursuant to this section attends a private post-secondary education or training institution where the tuition waiver is not applicable, that child or spouse remains eligible for up to $2,000 per year in education benefits pursuant to section two of this article.
(c) In addition to the tuition waiver available pursuant to this section, a child or spouse attending a state post-secondary education or training institution is eligible for up to $2,000 per year in education benefits as provided in section two of this article.
(d) The division is charged with the duty of disbursing the funds provided in this article and shall draw its requisitions upon the State Auditor for that purpose. In its discretion, the division, if satisfied as to the accuracy and amounts of the expenditures, shall make the requisitions payable to the post-secondary education or training institutions or to those furnishing to the children or spouses board, room rent, books, supplies and other necessary living expenses.
(e) A member or employee of the division may not receive any additional compensation for the services required in this article.
(f) Acceptance of benefits or tuition waivers pursuant to this article does not limit the acceptance of any other scholarship or grant for which a student may be eligible.
Balances in this fund remaining at the end of any fiscal year shall not revert to the treasury but shall be available for use during the subsequent fiscal years, except that any balance accruing and remaining at the end of the fiscal year beginning July 1, 1962, shall revert to the treasury.