WEST virginia legislature

2023 regular session

Introduced

House Bill 2834

By Delegates Ellington, Smith, Chiarelli, Willis, Longanacre, Hornby, Statler, Toney, Hillenbrand and Crouse

[Introduced January 19, 2023; Referred

to the Committee on Veterans’ Affairs and Homeland Security then Education.]

A BILL to amend and reenact §18-19-2 of the Code of West Virginia, 1931, as amended, relating to the eligibility of an active-duty service member’s child or spouse for tuition-free education through the War Orphan Education Program.

Be it enacted by the Legislature of West Virginia:

ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19-2. Eligibility of applicant for benefits; application forms; preference.

(a) To be eligible for the benefits of this article, a child or spouse as set forth in section one of this article shall meet the following conditions:

(1) In the case of a child, is at least 16 and not more than 25 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 enlisted or commissioned service member 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 Department of Veterans Assistance. The division department 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 department, 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.

NOTE: The purpose of this bill is to include the children and spouses of deceased active-duty officers in eligibility for tuition-free education through the War Orphan Education Program.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.