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Home > Statutes > Usa Alabama
USA Statutes : alabama
Title : Title 31 MILITARY AFFAIRS AND CIVIL DEFENSE.
Chapter : Chapter 06 VETERANS* AND DEPENDENTS* EDUCATIONAL BENEFITS.
Section 31-6-1 Section 31-6-1 Short title.

This chapter shall be known as the @Alabama G.I. and Dependents* Educational Benefit Act.@

(Acts 1951, No. 47, p. 259, §14.) Section 31-6-2 Section 31-6-2 Definitions.

For the purposes of this chapter, the following terms shall have the meanings ascribed to them by this section:

(1) ARMED FORCES. Such term shall include the United States Army, Air Force, Navy, Marine Corps and Coast Guard, and such term shall also include the units of those branches of the services having women troops. It shall also include the Army, Navy, Marine Corps and Coast Guard Nurse Corps.

(2) TUITION AND FEES. All fees known and classed as instructional fees.

(3) WIFE. Such term shall mean spouse.

(4) HUSBAND. Such term shall mean spouse.

(5) WIDOW. Such term shall mean widow or widower.

(Acts 1951, No. 47, p. 259, §§11-A, 15; Acts 1985, No. 85-758, p. 1262.) Section 31-6-3 Section 31-6-3 Designation of benefits.

Tuition benefits received pursuant to Sections 31-6-4 through 31-6-6 shall be called @Alabama G.I. Dependents* Scholarships.@ Tuition benefits received under Section 31-6-8 shall be called @Alabama G.I. Scholarships.@

(Acts 1951, No. 47, p. 259, §13.) Section 31-6-4 Section 31-6-4 Educational benefits for children of deceased or disabled veterans or prisoners of war generally.

Any child whose father or mother:

(1) Was killed or died in line of duty or is listed as missing in action or is/was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces; or
(2) Died from a disability incurred from military service, as established by the State Department of Veterans* Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which such disability occurred, or who was honorably discharged by reason of wartime, service-connected disability after serving less than 90 days; or
(3) Has been assigned 100 percent permanent or total disability rated by the United States Veterans* Administration, or was discharged or retired from the armed forces with a 20 percent or more disability and maintained that percentage (such person to be deemed to be a disabled veteran)

may attend any Alabama state institution of higher learning, college or university for a period of four standard academic years of nine months each, not to exceed 36 months or the equivalent of 36 months if enrolled part-time, without paying any tuition, fees or books whatsoever for such college or university attendance, or any such child may take a prescribed course in any Alabama state trade school for the length of any prescribed course of study of his or her choosing, and if such course does not require the full 36 months, then training for the remainder of such 36 months* entitlement may be taken at a state-supported college or university only, without the payment of any tuition, fees or books whatsoever. Training under this section must be initiated prior to the child*s thirtieth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this chapter beyond the thirty-eighth birthday of such child.

(Acts 1951, No. 47, p. 259, §1; Acts 1951, No. 975, p. 1648; Acts 1957, No. 617, p. 883, §1; Acts 1966, Ex. Sess., No. 206, p. 250, §1; Acts 1969, No. 418, p. 816, §1; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §1; Acts 1973, No. 1275, p. 2177, §1; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262; §1.) Section 31-6-5 Section 31-6-5 Educational benefits for wives or widows of deceased or totally disabled veterans or prisoners of war.

Any wife or widow whose husband, during their marriage:

(1) Was killed or died in the line of duty or is listed as missing in action or is/was a prisoner of war while serving as a member of the armed forces;
(2) Died from a disability incurred from military service; or
(3) Is 100 percent permanently and totally disabled, whose permanent and total disabilities were service-connected;

shall be entitled to training in any Alabama state-supported college or university for a period of four standard academic years of nine months each, not to exceed 36 months or to training for the equivalent of 36 months if enrolled part-time or to training in a prescribed course in a state-supported trade school, and if such course does not require the full 36 months, then training for the remainder of such 36 months* entitlement may be taken at a state-supported college or university only, without the payment of any tuition, fees, or books, whatsoever. One change of program will be allowed without counseling. All training received under this section must be completed within eight years after the beginning date of the four-year course. This section shall not apply to the widow of any such deceased serviceman or veteran who has remarried prior to applying for and obtaining educational benefits under this section, and should any such widow of such deceased serviceman or veteran remarry during time she is in attendance upon any of the schools, colleges or universities mentioned in this section, then she shall pay tuition and fees for her course of study or attendance upon such school, college or university from the time of her remarriage. The benefits provided under this section shall be in addition to federal government benefits.

(Acts 1951, No. 47, p. 259, §2; Acts 1951, No. 975, p. 1648; Acts 1957, No. 617, p. 883, §2; Acts 1966, Ex. Sess., No. 206, p. 250, §2; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §2; Acts 1973, No. 1275, p. 2177, §1; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262, §1.) Section 31-6-6 Section 31-6-6 Educational benefits for wives or widows and children of partially disabled veterans; reinstatement of entitlements.

(a) The wife and children of any veteran who is suffering from 20 to 90 percent service-connected disability brought about from service in the armed forces of the United States, or the widow and children of a deceased veteran who was suffering from 20 percent or more of service-connected disability at the time of his death, provided such disabilities as are mentioned herein are incurred from military service, as established by the State Department of Veterans* Affairs, shall be entitled to the following educational advantages and opportunities:

(1) The wife or widow, as the case may be, shall be entitled to up to 18 months of schooling or the equivalent of 18 months if enrolled part-time, in any Alabama state-supported institution of higher learning, college or university, or to a prescribed course in any Alabama state-supported trade school without the payment of any tuition, fee or books. One change of program will be allowed without counseling. It is provided, however, that all training received at state institutions of higher learning or state trade schools under the provisions of this subdivision must be completed within a period of six years after the beginning date of such two-year course or such prescribed course.

(2) Each child of such disabled veteran shall be entitled to four standard academic years, not to exceed nine months each attendance, or the equivalent of 36 months if enrolled part-time, in any Alabama state-supported institution of higher learning, college or university, or to a prescribed course at an Alabama state-supported trade school. If the course of training at the trade school does not require the full time to which such child is entitled hereunder, then the remaining entitlement may be taken in a state-supported college or university only, without payment of any tuition, fees or books. One change of program will be allowed without counseling. Training under this subdivision must be initiated prior to the child*s twenty-sixth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this section beyond the thirty-fourth birthday of such child.

(b) The benefits provided under this section shall be available in addition to federal government benefits. Any child, wife or widow who was denied full entitlement, 18 or 36 months, whichever the case may be, shall have the remainder of their entitlement reinstated under this chapter.

(Acts 1951, No. 47, p. 259, §3; Acts 1957, No. 617, p. 883, §3; Acts 1966, Ex. Sess., No. 206, p. 250, §3; Acts 1969, No. 418, p. 816, §2; Acts 1973, No. 1275, p. 2177, §3; Acts 1978, No. 585, p. 678; Acts 1985, No. 85-758, p. 1262, §1.) Section 31-6-7 Section 31-6-7 Benefits limited to lives of veterans* immediate children.

The benefits under this chapter shall not extend beyond the lives of the immediate children of the veteran concerned.

(Acts 1951, No. 47, p. 259, §11-C.) Section 31-6-8 Section 31-6-8 Entitlement of veterans to educational benefits for extension or correspondence courses; benefits provided not to be in addition to federal benefits.

Every bona fide permanent resident of at least one year*s residence in the State of Alabama immediately prior to entrance into service, who serves in the armed forces of the United States at least 24 months at any time after August 4, 1964, but before the end of the Vietnam War period as determined by the President or the Congress of the United States, or who is or was released or discharged from such service, under conditions other than dishonorable, by reason of wartime service-connected disability after serving less than 24 months, shall be entitled to take any extension or correspondence course from any state college or university offering same, without the payment of any fees or charge for such extension or correspondence course. The veteran taking advantage of this provision of this chapter must do so within four years from the date of his or her discharge; provided, however, no veteran shall be entitled to such correspondence or extension course during the time he or she is receiving educational benefits under any federal statute, or if he or she has already received maximum benefits to which he or she was entitled under any federal statute.

(Acts 1951, No. 47, p. 259, §4; Acts 1965, No. 767, p. 1378, §1; Acts 1966, Ex. Sess., No. 206, p. 250, §4; Acts 1969, No. 418, p. 816, §3.) Section 31-6-9 Section 31-6-9 Benefits for wives, widows and dependents in addition to other benefits; interruption of benefits.

The benefits under this chapter shall be in addition to any other state or federal benefits to which the wife or children of a disabled veteran or a member of the armed forces who is listed as missing in action or as a prisoner of war or the widow and children of a deceased veteran are entitled. It is further provided that any wife, widow or dependent of a veteran who receives benefits under this chapter, and whose benefit period is interrupted due to accident, injury or illness, shall have the benefit time period which is lost due to such accident, illness or injury restored to him or her.

(Acts 1951, No. 47, p. 259, §12; Acts 1957, No. 617, p. 883, §7; Acts 1966, Ex. Sess., No. 206, p. 250, §6; Acts 1969, No. 418, p. 816, §5; Acts 1971, 3rd Ex. Sess., No. 195, p. 4455, §3; Acts 1981, No. 81-823, p. 1465, §1.) Section 31-6-10 Section 31-6-10 Application for benefits; determination and certification of eligibility.

All applications for benefits accruing under this chapter must be made to the State Department of Veterans* Affairs. The State Service Commissioner, or any official of the department designated by him, is hereby charged with the responsibility and duty of determining the eligibility of each applicant for the benefits under this chapter; provided, however, that such determination of eligibility shall be based upon the findings of the United States Veterans* Administration in addition to other proofs and records required under this chapter. The State Service Commissioner shall cause the State Department of Veterans* Affairs to issue a certificate of eligibility and entitlement in behalf of each applicant who may be determined by him to be entitled to the benefits.

(Acts 1951, No. 47, p. 259, §6; Acts 1957, No. 617, p. 883, §5.) Section 31-6-11 Section 31-6-11 Proof to be submitted by applicants for benefits.

(a) Before an application of any veteran for benefits under this chapter can be approved, such veteran shall submit proof, satisfactory to the State Department of Veterans* Affairs, of:

(1) Identification;

(2) Having been a permanent resident of the State of Alabama for at least one year immediately prior to his or her entrance into service; and

(3) An honorable discharge or other proof of honorable termination of at least 24 months of service in the armed forces, or if such veteran was discharged or released by reason of service-connected disability then proof of honorable termination of less than 24 months of service is acceptable.

(b) Before the application of a wife, widow or child of a disabled veteran or a deceased veteran or serviceman for educational benefits under this chapter is approved, proof, satisfactory to the State Department of Veterans* Affairs, must be submitted:

(1) Establishing the identification of such wife, widow or child as the wife, widow or child of the veteran or serviceman, as the case may be;

(2) Of such veteran or serviceman having been a permanent resident of the State of Alabama for at least one year immediately prior to his or her entrance into service, or if the applicant is the wife, widow or child of a totally and permanently disabled veteran, then proof either of the veteran*s having been a permanent resident of the State of Alabama for at least one year prior to his entrance into service or proof that such veteran has been a bona fide resident of this state for at least five years immediately prior to the filing of the application for benefits under this chapter or immediately prior to his death if the veteran is deceased; and,

(3) An honorable discharge or other proof of honorable termination of service of the veteran or serviceman in the armed forces for a period of at least 90 days between the dates mentioned in this chapter, or service of less than 90 days if the veteran or serviceman was discharged or released by reason of service-connected disability.

(c) The service upon which any benefits are awarded under this chapter shall have been rendered during wartime or under extrahazardous conditions; and this condition of eligibility shall be established by the State Department of Veterans* Affairs.

(Acts 1951, No. 47, p. 259, §5; Acts 1957, No. 617, p. 883, §4; Acts 1965, No. 767, p. 1378, §2; Acts 1966, Ex. Sess., No. 206, p. 250, §5; Acts 1969, No. 418, p. 816, §4.) Section 31-6-12 Section 31-6-12 Department of Veterans* Affairs to inform veterans, etc., of benefits under chapter; furnishing of forms, etc.; forwarding of certificate of eligibility, etc., to educational institutions.

The State Department of Veterans* Affairs is hereby charged with the duty of informing the veterans and their dependents in this state, through its county service commissioners and all other sources at its command, of the provisions of this chapter in order that those veterans and their dependents may know of the benefits provided in this chapter. The State Department of Veterans* Affairs shall furnish and assist in preparing and producing all necessary blanks, forms and other matters necessary for the veterans, their wives, widows or children to obtain the benefits provided under this chapter. The State Service Commissioner shall cause to be forwarded to the state institution of higher learning, college or university or state trade school of the applicant*s choice, a certificate of eligibility and entitlement or other necessary proof for the veteran, his wife, widow or child to obtain the benefits made available hereby.

(Acts 1951, No. 47, p. 259, §7.) Section 31-6-13 Section 31-6-13 Faculties of universities, trade schools, etc., to be informed and to inform veterans* dependents of benefits provided.

The president or head of each state institution of higher learning or college or university or state trade school must inform the faculty members of each respective institution of the provisions and benefits of this chapter, who in turn shall inform the wives, widows and children of veterans attending such institutions as to their rights and benefits under the provisions of this chapter.

(Acts 1951, No. 47, p. 259, §8.) Section 31-6-14 Section 31-6-14 County and city teachers to be informed and to inform veterans* dependents of benefits provided.

The county superintendent of education and the city superintendent of schools in each respective county and city must inform the teachers of their county and city of the provisions and benefits of this chapter, who in turn shall inform the children of veterans as to their rights and benefits under the provisions of this chapter.

(Acts 1951, No. 47, p. 259, §9.) Section 31-6-15 Section 31-6-15 Reimbursement of educational institutions providing benefits to veterans and dependents.

There is hereby appropriated from the Education Trust Fund such an amount as may be necessary to reimburse every Alabama state institution of higher learning, college, university or Alabama state trade school or junior college in which benefits are given to veterans, their wives, widows or children under this chapter. Such reimbursement shall be made at the end of each academic quarter or semester for all fees waived by such institution, college, university or school under this chapter, and shall be made on the basis of certified invoices submitted by such institution or school to the State Department of Veterans* Affairs, and shall be supported by names of the students receiving such benefits, together with the amounts claimed for each student.

(Acts 1951, No. 47, p. 259, §10; Acts 1957, No. 617, p. 883, §6; Acts 1965, No. 767, p. 1378, §3.) Section 31-6-16 Section 31-6-16 Entrance requirements of educational institutions not affected by chapter.

Nothing in this chapter shall be construed as lowering the standards or requirements, or as to making any exceptions thereto for entrance into any of the state schools or institutions affected by this chapter. All applicants, in order to obtain the educational benefits of this chapter, must first meet all scholastic and other requirements for entrance into any of the schools coming within the purview of this chapter.

(Acts 1951, No. 47, p. 259, §11.) Section 31-6-17 Section 31-6-17 Prior statutes superseded; rights under prior statutes preserved.

This chapter shall supersede the provisions of Act No. 633, approved September 19, 1949, and Act No. 44, approved October 31, 1950; provided, however, that no substantive rights, privileges or benefits which have presently accrued or been conferred under the provisions of such acts shall be abrogated, limited, modified or destroyed by this chapter, but shall continue in effect.

(Acts 1951, No. 47, p. 259, §16.)
 
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