HB 284 — The Alabama G.I. and Dependents Educational Benefit Act conform to federal requirements

HB284 INTRODUCEDENROLLED HB284 D8S9NTN-1E4UF92C-2 By Representatives Starnes, Oliver, Brown, Paschal, Robertson RFD:

05-Mar-24 Page 0 D8S9NTN-1HB284 12/18/2023Enrolled MAPEnrolled, (L)maAn 2023-2833Act, 23 4Relating SYNOPSIS:to the Alabama G.I.

Existing law allows qualifying schools under the Alabama G.I.

and Dependents Educational Benefit Act either to waive unpaid fees or to bill students for educational fees remaining unpaid after applying tuition reimbursement benefits from third parties.

This bill would require qualifying schools receiving tuition reimbursement benefits on behalf of veterans and their spouses, widows, or children under the act to make use of offsets and write offs of unpaid educational fees to the same extent as tuition reimbursement benefits received from the United States Department of Veterans Affairs.

A BILL TO BE ENTITLED AN ACT Relating to the Alabama G.I.

to amend SectionSections 31-6-15,31-6-4, Code31-6-5, ofas Alabamalast 1975,amended toby requireAct qualifying2023-350, schools2023 receivingRegular tuitionSession, reimbursement31-6-6, benefitsand on31-6-11, behalfCode of veteransAlabama and1975, theirto spouses,remove widows,the orDepartment childrenof toDefense maketuition useassistance ofcap offsets and writein offslieu ofthereof unpaidprovide feesa to the same extent as tuition reimbursementcap benefitsof receivedfour Pagehundred 1dollars HB284($400) INTRODUCEDper fromsemester thehour. United States Department of Veterans Affairs.

SectionSections 31-6-15,31-6-4, 31-6-5, as last amended by Act 2023-350, 2023 Regular Session, 31-6-6, and 31-6-11, Code of Alabama 1975, isare amended to read as follows:

"§31-6-15"§31-6-4 (a) TheAny benefitschild providedwhose infather this chapter shall be paid from an annual appropriation from the Education Trust Fund to reimburse every qualifying school in which benefits are given to veterans and their spouses, widows, or childrenmother: under this chapter.

Reimbursement(1) shallWas bekilled madeor timelydied atin theline end of eachduty academic quarter or semesteris forlisted allas tuitionmissing reimbursementsin foraction theor certifiedis invoices submitted by the institution or schoolwas toa theprisoner State Department of Veterans'war Affairs,or andwhose shalldeath beor supportedpermanent bytotal namesdisabilities ofwere theservice-connected studentswhile receivingserving theas benefits,a togethermember withof the amountsarmed claimedforces; for each student.

Any(2) amountDied offrom in-statea tuition,disability books,incurred orfrom feesmilitary notservice, paidas established by the combinationState Department of federal,Veterans' state,Affairs, after having been discharged under conditions other than dishonorable and thirdafter partyhaving fundsserved mayat beleast billed90 days consecutively in the armed forces prior to studentsand/or receivingsubsequent to the benefitsdate on which the disability occurred, or waivedwho was honorably discharged by thereason institutionof ora school.qualifying service-connected disability after serving less than 90 days;

Qualifying(3) schoolsWas receivingkilled tuitionor reimbursementdied benefitswhile on behalfstate ofactive veteransduty andstatus theiras spouses,defined widows,in orSection children31-12-1, underor thiswhose chapterdeath shallresults makePage use1 ofHB284 offsetsEnrolled proximately and write-offswithin tothree theyears samefrom extentan asinjury tuition reimbursement benefits received fromwhile theon Unitedstate Statesactive Departmentduty ofstatus; Veterans Affairs.

(b)or The(4) DepartmentHas ofbeen Examinersassigned of100 Publicpercent Accountspermanent may audit the records of any two-year or four-yeartotal institutiondisability ofrated higherby educationthe thatUnited receivesStates anyVeterans' reimbursementAdministration, asor awas resultdischarged ofor thisretired chapterfrom to the samearmed extent,forces degree,with anda scope40 aspercent Pageor 2more HB284disability INTRODUCEDand auditsmaintained performedthat onpercentage; other public educational institutions.

Themay institutionattend shallany submitqualifying toschool thefor Legislaturea andperiod the State Department of Veterans'five Affairsstandard eachacademic year,years, beforenot anyto subsequentexceed reimbursement45 maymonths be applied for or considered,the aequivalent full accounting of any45 receipts,months disbursements,if assets,enrolled liabilities,part-time, andpursuant otherto resources as of the datetuition ofreimbursement theguidelines closeas ofprovided thein immediatelysubsection preceding(c). academic year." Section 2.

ThisTraining actunder shallthis becomesection effectivemust onbe Octoberinitiated 1,prior 2024.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 the child.

Page(b) 3The educational benefits provided by this section to children making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.

(c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement.

The value of tuition paid per semester hour (or equivalent) Page 2 HB284 Enrolled shall be limited to the rate of the Department of Defense Tuition Assistance Cap four hundred dollars ($400).

The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student.

(d) For the purpose of the minimum disability requirement provided for in subdivision (a)(4), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for the benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year." "§31-6-5 (a) Any spouse or widow whose spouse, during their marriage:

(1) Was killed or died in the line of duty or is listed as missing in action or is or was a prisoner of war while serving as a member of the armed forces;

(2) Died from a disability incurred from military service;

(3) Was killed or died while on state active duty status as defined in Section 31-12-1, or whose death results proximately and within three years from an injury sustained while on state active duty status;

or (4) Is 100 percent permanently and totally disabled, whose permanent and total disabilities were service-connected;

shall be entitled to training in any qualifying school for a period of five standard academic years, not to exceed 45 Page 3 HB284 Enrolled months, or to training for the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c).

One change of program will be allowed without counseling.

All training received under this section must be completed within eight years after its initiation.

This section shall not apply to the spouse of any deceased serviceman or veteran who has remarried prior to applying for and obtaining educational benefits under this section, and should any spouse of the deceased serviceman or veteran remarry during the time he or 95 she is in attendance upon any of the qualifying schools mentioned in this section, then he or she shall pay tuition and fees for the course of study or attendance upon the qualifying school from the time of the remarriage.

(b) The educational benefits provided by this section to spouses and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.

(c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement.

The value of tuition paid per semester hour (or equivalent) shall be limited to the rate of the Department of Defense Tuition Assistance Capfour hundred dollars ($400).

The value Page 4 HB284 Enrolled of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student." "§31-6-6 (a) The spouse and children of any veteran who is suffering from 40 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 40 percent or more of service-connected disability at the time of death, as established by the State Department of Veterans' Affairs, shall be entitled to the following educational advantages and opportunities:

(1) The spouse or widow shall be entitled to up to 27 months of schooling, or the equivalent of 27 months if enrolled part-time, in any qualifying school, pursuant to the tuition reimbursement guidelines as provided in subsection (d).

One change of program will be allowed without counseling.

All training received at qualifying schools under this subdivision must be completed within a period of six years after its initiation.

(2) Each child of a disabled veteran shall be entitled to five standard academic years, or the equivalent of 45 months if enrolled part-time, in any qualifying school pursuant to the tuition reimbursement guidelines as provided in subsection (d).

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 Page 5 HB284 Enrolled period, and in no case may training be received under this section beyond the thirty-fourth birthday of the child.

(b) For the purpose of the minimum disability requirement provided for in subsection (a), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for benefits before July 31, 2023, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year.

(c) The educational benefits provided by this section to spouses, children, and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited to undergraduate courses of study only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended.