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2023 SESSION
23103087DPatrons-- Murphy, Bennett-Parker, Bourne, Clark, Delaney, Guzman, Helmer, Hope, Jenkins, Kory, Krizek, Maldonado, Seibold, Simon, Simonds, Sullivan and Tata
Be it enacted by the General Assembly of Virginia:
1. That § 23.1-608 of the Code of Virginia is amended and reenacted as follows:
§ 23.1-608. Virginia Military Survivors and Dependents Education Program; tuition and fee waivers.
A. As used in this section, unless the context requires a different meaning:
"Domicile" has the same meaning as provided in § 23.1-500.
"Program" means the Virginia Military Survivors and Dependents Education Program.
"Qualified survivors and dependents" means the
spouse or a child between the ages of 16 and 29 (i) of a military service
member who, while serving as an active duty member in the Armed Forces of the
United States, Reserves of the Armed Forces of the United States, or Virginia
National Guard, during military operations against terrorism, on a peacekeeping
mission, as a result of a terrorist act, or in any armed conflict, was killed,
became missing in action, or became a prisoner of war or (ii) of a veteran who
served in the Armed Forces of the United States, Reserves of the Armed Forces
of the United States, or Virginia National Guard and, due to such service, has
been rated by the U.S. Department of Veterans Affairs as totally and
permanently disabled or has a
static rating of at least 90
percent permanently disabled and has
been discharged or released under conditions other than dishonorable. However,
the Commissioner of Veterans Services may certify dependents above the age of
29 in those cases in which extenuating circumstances prevented the dependent
child from using his benefits before the age of 30. For purposes of this
section, a child who is a stepchild of a deceased or
living veteran military service member described in this
section shall receive all benefits described in this section as a child of such
military service member if the military service member claimed the stepchild on
his tax return or on his Defense Enrollment Eligibility Reporting System while
serving on active duty.
B. The Virginia Military Survivors and Dependents Education Program is established for the purpose of waiving tuition and mandatory fees at a public institution of higher education or Eastern Virginia Medical School for qualified survivors and dependents who have been admitted to such institution and meet the requirements of subsection C, as certified by the Commissioner of Veterans Services.
C. Admitted qualified survivors and dependents are eligible
for a waiver of tuition and mandatory fees pursuant to this section if the
military service member who was killed, became missing in action, became a
prisoner of war, or is disabled (i) established domicile (a) at the time of
entering such active military service or called to active duty as a member of
the Reserves of the Armed Forces of the United States or Virginia National
Guard; (b) at least five years one year immediately prior to,
or had a physical presence in the Commonwealth for at least five
years one year
immediately prior to, the date on which the admission application was submitted
by or on behalf of such qualified survivor or dependent for admission to such
institution of higher education or Eastern Virginia Medical School; or (c) on
the date of his death and for at least five years one year immediately prior to
his death or had a physical presence in the Commonwealth on the date of his
death and had a physical presence in the Commonwealth for at least five years one
year immediately prior to his death; (ii) in the case of a
qualified child, is deceased and the surviving parent, at some time previous to
marrying the deceased parent, established domicile for at least five years one
year, or established domicile or had a physical presence in
the Commonwealth for at least five years one year immediately prior to
the date on which the admission application was submitted by or on behalf of
such child; or (iii) in the case of a qualified spouse, is deceased and the
surviving spouse, at some time previous to marrying the deceased spouse,
established domicile for at least five years one year
or had a physical presence in the Commonwealth for at least five
years one
year prior to the date on which the admission application
was submitted by such qualified spouse. In any case under this subsection, the
Commissioner of the Department of Veterans Services shall have the authority to
consider the domicile or physical presence requirements under clause (i) (c)
through the surviving spouse or under clause (iii) through the surviving
student if the military service member or surviving spouse dies after having
established physical presence within the Commonwealth but before such requirements
can be met.
D. The Department of Veterans Services shall disseminate information about the Program to those spouses and dependents who may qualify. The Department of Veterans Services shall coordinate with the U.S. Department of Veterans Affairs to identify veterans and qualified survivors and dependents. The Commissioner of Veterans Services shall include in the annual report submitted to the Governor and the General Assembly pursuant to § 2.2-2004 an overview of the agency's policies and strategies relating to dissemination of information about the Program and Fund.
E. Each public institution of higher education and Eastern Virginia Medical School shall include in its catalog or equivalent publication a statement describing the benefits available pursuant to this section.