§ 6-82-601 — Tuition waiver for dependents of certain veterans - Definitions

(a) As used in this section: (1) (A) "Dependent" means: (i) A spouse of a: (a) Disabled veteran; (b) Prisoner of war; or (c) Person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery; (ii) A child born to or conceived by a: (a) Disabled veteran; (b) Prisoner of war; or (c) Person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery; (iii) A child legally adopted by a: (a) Disabled veteran; (b) Prisoner of war; or (c) Person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery; (iv) A child who is under the legal guardianship of a: (a) Disabled veteran; (b) Prisoner of war; or (c) Person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery; or (v) A stepchild of a: (a) Disabled veteran; (b) Prisoner of war; or (c) Person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery. (B) (i) A dependent of the following shall be a current resident of Arkansas: (a) A disabled veteran; (b) A prisoner of war; or (c) A person declared to be: (1) Missing in action; (2) Killed in action; or (3) Killed on ordnance delivery. (ii) A dependent child shall meet the definition of dependent child as established by the United States Department of Education; (2) "Disabled veteran" means a person who has been awarded special monthly compensation by the United States Department of Veterans Affairs for service-connected, one hundred percent (100%) total and permanent disability; (3) "Ordnance delivery" means the piloting of or flying in an experimental or test aircraft while determining its fitness or ability to perform its military function or mission; and (4) (A) "Prisoner of war", "person missing in action", "person killed in action", "person killed on ordnance delivery", and "disabled veteran" mean a person who was a resident of the State of Arkansas at the time that person entered the service of the United States Armed Forces or whose official residence is within the State of Arkansas and who, while serving in the United States Armed Forces, has been declared to be a prisoner of war, a person missing in action, or a person killed in action as established by the United States Secretary of Defense after January 1, 1960, or a person killed on ordnance delivery, or has been declared by the United States Department of Veterans Affairs to be totally and permanently disabled one hundred percent (100%) as a result of service-connected injuries or service-connected medical conditions. (B) The defined terms under subdivision (a)(4)(A) of this section apply whether or not capture or death occurred during a declared war or as a result of hostile action. (C) A death as result of injuries received while serving in the United States Armed Forces or Arkansas National Guard is only covered by this statute if the death occurred while on active duty or state active duty. (b) Each applicant must apply for the Survivors' and Dependents' Educational Assistance program, Chapter 35 of Title 38 of the United States Code, with the United States Department of Veterans Affairs. The applicant must provide the Division of Higher Education with proof of acceptance of the Survivors' and Dependents' Educational Assistance program or non-eligibility into the Survivors' and Dependents' Educational Assistance program upon application to the Survivors' and Dependents' Educational Assistance program. (c) The Arkansas Higher Education Coordinating Board and the State Board of Education are directed, authorized, and empowered to promulgate and adopt such rules as are necessary to implement the provisions of this section. (d) (1) Except as provided under subdivision (d)(2) of this section, a dependent of a disabled veteran, a prisoner of war, or a person declared to be missing in action or killed in action, or a person killed on ordnance delivery as defined by the provisions of this section, upon his or her being accepted for enrollment into any private, nonprofit institution of higher education in the State of Arkansas or state-supported institution of higher education in the State of Arkansas, may obtain a bachelor's degree for so long as he or she is eligible with state assistance for tuition, fees, or other charges as provided under this subsection. (2) (A) The state assistance under this section is limited to the tuition, fees, or other charges that exceed the amount of monetary benefits that the dependent is eligible to receive from the Survivors' and Dependents' Educational Assistance program during the months included in each semester in which the dependent is enrolled. (B) If the dependent is not eligible for monetary benefits from the Survivors' and Dependents' Educational Assistance program but is eligible for the benefits under this section, the dependent may obtain a bachelor's degree free of tuition, fees, or other charges from a private, nonprofit institution of higher education in this state or a state-supported institution of higher education. (C) However, the state assistance awarded to a dependent attending a private, nonprofit institution of higher education in this state shall not exceed the maximum amount of state assistance awarded to dependents attending state-supported institutions of higher education. (e) Once a person qualifies as a dependent under the terms and provisions of this section, there shall be no situation such as the return of the parent or the reported death of the parent that will remove the dependent from the provisions or benefits of this section. (f) An eligible recipient shall receive a scholarship for one (1) academic year, renewable for up to three (3) additional academic years if the recipient meets continuing eligibility criteria established by the division. (g) Any person receiving this scholarship as of June 30, 2007, will be grandfathered into the program under the law as stated prior to July 1, 2007. (h) In compliance with the division's scholarship stacking policy, no student's total financial aid package, which can include multiple scholarships, can exceed the recognized cost of attendance at a higher education institution. (i) In the event the number of students who qualify for a tuition waiver under this section during an academic year exceeds the amount of funds appropriated to the Higher Education Grants Fund Account for purposes of funding students who qualify for tuition waivers under this section during the given academic year, the excess awards that qualify for distribution under this section shall be funded with any funds remaining after the Division of Higher Education allocates sufficient funding to award the following scholarships at levels equivalent to the awards made in the previous academic year: (1) Arkansas Academic Challenge Scholarship, § 6-85-201 et seq.; (2) Arkansas Workforce Challenge Scholarship, § 6-85-301 et seq.; and (3) Arkansas Concurrent Challenge Scholarship, § 6-85-401 et seq.

Legislative History

Amended by Act 2023, No. 387,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 387,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 988,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 406, eff. 7/24/2019. Amended by Act 2019, No. 462,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2102, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2101, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2100, eff. 7/1/2019. Acts 1973, No. 188, §§ 1-3; A.S.A. 1947, §§ 80-3363 -- 80-3365; Acts 1987, No. 72, §§ 1, 2; 1989, No. 759, § 1; 2005, No. 2127, § 1; 2007, No. 717, § 1; 2009, No. 1216, § 1.