West Virginia
Legislature
2017 Regular Session
Introduced
House Bill 2191
(By Delegates Ferro, Hornbuckle, Fleischauer,
Sponaugle and Fluharty)
to the Committee on Education then Finance.]
A BILL to amend and
reenact §18B-10-7 of
the Code of West Virginia, 1931, as amended, relating to educational benefits
for dependents of deceased or disabled veterans; and requiring state
institutions of higher education to waive tuition and fees for children and
spouses of National Guard members and members of a Reserve component of the
Armed Forces of the United States or persons on federal or state active
military duty who are residents of this state and who have suffered a hundred
percent total and permanent service-connected disability.
Be it enacted by the
Legislature of West Virginia:
That §18B-10-7 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE
INSTITUTIONS OF HIGHER EDUCATION.
§18B-10-7. Tuition and fee waivers for children and
spouses of officers, firefighters killed in line of duty; tuition and fee
waivers for National Guard personnel, reserve personnel and active
military duty personnel killed or disabled in the line of duty.
(a) Each state institution
of higher education shall waive tuition and fees for any person who is the
child or spouse of an individual who:
(1) Was employed or serving
as:
(A) A law-enforcement
officer as defined in section one, article twenty-nine, chapter thirty of this
code;
(B) A correctional officer
at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A natural resources
police officer; or
(F) A registered
firefighter; and
(2) Was killed in the line
of duty while:
(A) Employed by the state
or any political subdivision of the state; or
(B) A member of a volunteer
fire department serving a political subdivision of this state.
(b) Each state institution
of higher education shall waive tuition and fees for any person who is the
child or spouse of:
(1) A National Guard member
or a member of a Reserve component of the Armed Forces of the United States who
is a resident of this state and is killed in the line of duty or suffered a
hundred percent total and permanent service-connected disability as certified
by the Director of the Department of Veterans' Affairs of West Virginia. The member is considered to have been killed
in the line of duty or suffered total and permanent service-connected
disability if death or disability resulted from performing a duty
required by his or her orders or commander while in an official duty status,
other than on federal active duty, authorized under federal or state law; or
(2) A person on federal or
state active military duty who is a resident of this state and is killed in the
line of duty or suffered a hundred percent total and permanent service-connected
disability, as that term is used in subdivision (1) of this subsection. The person is considered to have been killed
in the line of duty or suffered a total and permanent service-connected
disability if death or disability resulted from performance of a
duty required by his or her orders or commander while in an official duty
status.
(c) Any waiver granted
pursuant to this section is subject to the following:
(1) The recipient may
attend any undergraduate course if classroom space is available;
(2) The recipient has
applied and been admitted to the institution;
(3) The recipient has
applied for and submitted the Free Application for Federal Student Aid;
(4) The recipient has
exhausted all other sources of student financial assistance dedicated solely to
tuition and fees that exceed other grant assistance that are available to him
or her, excluding student loans;
(5) Waiver renewal is
contingent upon the recipient continuing to meet the academic progress
standards established by the institution.
(d) The state institution
of higher education may require the person to pay:
(1) Special fees, including
any laboratory fees, if the fees are required of all other students taking a
single course or that particular course; and
(2) Parking fees.
(e) The governing boards
may promulgate rules:
(1) For determining the
availability of classroom space;
(2) As each considers
necessary to implement this section; and
(3) Regarding requirements
for attendance, which may not exceed the requirements for other students.
(f) The governing boards
may extend to persons attending courses and classes under this section any
rights, privileges or benefits extended to other students which it considers
appropriate.
NOTE: The purpose of this bill is
to require state institutions of higher education to waive tuition and fees for
children and spouses of National Guard members and members of a Reserve
component of the Armed Forces of the United States or persons on federal or
state active military duty who are residents of this state and who have
suffered a hundred percent total and permanent service-connected disability.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.