CHAPTER 333

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR SENATE BILL NO. 155

AS AMENDED BY HOUSE AMENDMENTS NO. 1 & 2

AN ACT TO AMEND DELAWARE CODE, TITLE 14, CHAPTER 36, RELATING TO EDUCATION AND PROVIDING FINANCIAL AID TO CHILDREN OF DECEASED VETERANS AND OTHERS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Delaware Code, Title 14, Chapter 36, by deleting all of that Chapter and inserting in lieu thereof the following new Chapter:

"CHAPTER 36. EDUCATIONAL BENEFITS FOR CHILDREN

OF DECEASED VETERANS AND OTHERS

§ 3601. Statement of purpose

It is the purpose of this Chapter to provide educational benefits for the children of deceased veterans of the Military Services of the United States, military service personnel held prisoner of war, military service personnel officially declared to be missing in action, and Delaware State Police Officers killed in the line of duty.

§ 3602. Requirements to receive benefits

A. In order to qualify for the benefits of this Chapter an applicant be:

(1) The child of -

(a) a member of the Armed Forces who was killed while on active duty or who died from disease, wounds, injuries or disabilities arising or resulting from performance of duty; or

(b) a member of the Armed Forces who is being held, or who was held as a prisoner of war; or

(c) a member of the Armed Forces officially declared missing in action; or

(d) a Delaware State Police Officer who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of his official duties.

(2) A person who at the time of application for benefits is at least 16 years of age, but not more than 24 years of age, and who shall have been a resident of the State of Delaware for at least three years prior to the date of application.

(3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed four years in duration.

B. In order for the child of a member of the Military Service of the United States to qualify for benefits under this Chapter, the member of the military service shall have been an official resident of the State of Delaware during the full year immediately preceding last entry into the military service.

§ 3603. Vested rights

Any person found to be qualified for the benefits of this Chapter as the child of a deceased or missing veteran shall not be divested of the benefits upon the return of the veteran who was a prisoner of war, missing in action or mistakenly listed as deceased.

§ 3604. Eligible institutions

Benefits authorized in this Chapter may be utilized for attendance at an institution financially supported by the State of Delaware or if the desired training is not available in such an institution then at a private institution in Delaware, or, if there is no institution in Delaware offering such instruction, at a public or private institution in another state.

§ 3605. Extent of benefit

The per pupil benefits granted under the provisions of this Chapter may include funds for the payment of room, board, tuition and required institutional fees for an academic year. Benefits shall be limited to four years of training or education.

The amount of benefit per pupil shall not exceed $525.00 per year or the amount of tuition per academic year, whichever is greater.

§ 3606. Administration of the chapter

This Chapter shall be administered by the State Superintendent of Public Instruction, who shall annually report to the General Assembly of the State of Delaware the number of recipients of benefits, their names and addresses, the names of the institutions attended, the amounts of the individual benefits granted, and the total expenditure made under the provisions of his Chapter.

Section 2. The General Assembly shall annually appropriate through the budget of the State Board of Education an amount deemed necessary to carry out the provisions of this Chapter.

Section 3. The effective date of this Act shall be July 1, 1974.

Approved May 24, 1974.