§ 85-2304 — In the Line of Duty Dependent Education Benefit; established; eligibility; waiver of tuition and fees; application; notice; determination; effect

Nebraska § 85-2304

• Jurisdiction: Nebraska
• Ch. 85: State University, State Colleges, and Postsecondary Education

Text

(1) The In the Line of Duty Dependent Education Benefit
is established for children of law enforcement officers and firefighters killed
in the line of duty. In order for a child to be eligible for the benefit,
the law enforcement officer or firefighter must have incurred the fatal injury
on or after April 23, 2009.
(2) Notwithstanding
the provisions of this section, a death that occurs as the direct and proximate
result of a preexisting physical condition, disease, or illness shall be excluded
from eligibility under this section unless the aggravation of such condition,
disease, or illness caused by being in the line of duty was a direct and proximate
cause of death.
(3) Any child who is the child of a law enforcement officer killed
in the line of duty as provided in subsection (1) of this section or of a
firefighter killed in the line of duty as provided in such subsection shall
be eligible for the education benefit if the child is twenty-five years of
age or younger. An eligible child shall meet all admission requirements of
the state university, state college, or community college to which he or she
is applying.
(4) The education benefit shall be provided only for full-time undergraduate
students who are pursuing studies leading to a degree from an associate degree
program or a baccalaureate degree program. The eligible child may receive
the education benefit for up to five years if he or she otherwise continues
to be eligible for participation. All education benefits received under the
In the Line of Duty Dependent Education Act shall cease when the eligible
child reaches twenty-six years of age.
(5) A child becomes eligible for the education
benefit after he or she has applied for federal financial aid grants and state
scholarships and grants to cover tuition and fees. The child must provide
a record of application for such financial aid to the state university, state
college, or community college to which he or she is applying.
(6) The state
university, state college, or community college shall waive tuition and fees
remaining due after subtracting awarded federal financial aid grants and state
scholarships and grants for an eligible child during the time the child is
enrolled as a full-time student. To remain eligible, the child must comply
with all requirements of the institution for continued attendance and award
of an associate degree or a baccalaureate degree.
(7) An application for
an education benefit shall include a certified copy of the eligible child's
birth certificate or applicable adoption record and verification of the death
of the law enforcement officer or firefighter who was the child's parent.
(8) Verification
of the death of the law enforcement officer or firefighter shall be made by
obtaining a certificate of eligibility from the following sources: (a) Certificates
of eligibility for the children of law enforcement officers shall be obtained
from the Superintendent of Law Enforcement and Public Safety; (b) certificates
of eligibility for the children of firefighters, except as provided in subdivision
(c) of this subsection, shall be obtained from the State Fire Marshal; and
(c) certificates of eligibility for the children of members of emergency medical
services ambulance squads that are not associated with a paid or volunteer
fire department shall be obtained from the Department of Health and Human
Services.
(9) Within forty-five days after receipt of a completed application,
the state university, state college, or community college shall send written
notice of the applicant's eligibility or ineligibility for the education benefit.
If the child is determined not to be eligible for the benefit, the notice
shall include the reason or reasons for such determination and an indication
that an appeal of the determination may be made pursuant to the Administrative
Procedure Act.
(10) Upon a determination of eligibility for the child to obtain
the education benefit, the state university, state college, or community college
is prohibited from charging the child, the child's surviving parent, or the
child's guardian any tuition or fees as long as the child remains eligible.

Legislative History

Source: Laws 2009, LB206, § 4. Cross References: Administrative Procedure Act, see section 84-920.