H. B.2399
(By Delegate Carmichael)
[Introduced February 13, 2009; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18B-10-7 of the Code of West Virginia,
1931, as amended, relating to tuition and fees at institutions
of higher education generally; and providing for tuition and
fee waiver for certain child survivors of domestic violence
deaths.
Be it enacted by the Legislature of West Virginia:
That §18B-10-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7. Tuition and fee waivers for children and spouses of
officers, firefighters, National Guard personnel,
reserve personnel and active military duty personnel
killed in the line of duty.
(a) Each state institution of higher education shall waive tuition and fees for any
person who is the child or spouse of an
individual who:
(1) Was employed or serving as:
(A) A law-enforcement officer as defined in section one,
article twenty-nine, chapter thirty of this code;
(B) A correctional officer at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A conservation officer; or
(F) A registered firefighter; and
(2) Was killed in the line of duty while:
(A) Employed by the state or any political subdivision of the
state; or
(B) A member of a volunteer fire department serving a
political subdivision of this state.
(3) The person is the child an individual who:
(A) Was murdered by his or her spouse or other person in a
domestic relationship; and
(B) Is less than twenty years of age.
(b) Each state institution of higher education shall waive
tuition and fees for any person who is the child or spouse of:
(1) A National Guard member or a member of a reserve component
of the Armed Forces of the United States killed in the line of
duty. The member is considered to have been killed in the line of duty if death resulted from performing a duty required by his or
her orders or commander while in an official duty status, other
than on federal active duty, authorized under federal or state law;
or
(2) A person on federal or state active military duty who is
a resident of this state and is killed in the line of duty. The
person is considered to have been killed in the line of duty if
death resulted from performance of a duty required by his or her
orders or commander while in an official duty status.
(c) Any waiver granted pursuant to this section is subject to
the following:
(1) The recipient may attend any undergraduate course if
classroom space is available;
(2) The recipient has
applied and been admitted to the
institution;
(3) The recipient has applied for and submitted the Free
Application for Federal Student Aid;
(4) The recipient has exhausted all other sources of student
financial assistance dedicated solely to tuition and fees that
exceed other grant assistance that are available to him or her,
excluding student loans;
(5) Waiver renewal is contingent upon the recipient continuing
to meet the academic progress standards established by the
institution.
(d) The state institution of higher education may require the
person to pay:
(1) Special fees, including any laboratory fees, if the fees
are required of all other students taking a single course or that
particular course; and
(2) Parking fees.
(e) The governing boards may promulgate rules:
(1) For determining the availability of classroom space;
(2) As it considers necessary to implement this section; and
(3) Regarding requirements for attendance, which may not
exceed the requirements for other persons.
(f) The governing boards may extend to persons attending
courses and classes under this section any rights, privileges or
benefits extended to other students which it considers appropriate.
NOTE: The purpose of this bill is to provide tuition and fee
waivers at public institutions of higher education for certain
children survivors of domestic violence deaths.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.