TITLE 14

Education

Free Public Schools

CHAPTER 34. Financial Assistance for Higher Education

Subchapter VI. Educational Benefits for Children of Deceased Veterans and Others

§ 3451. Statement of purpose.

It is the purpose of this subchapter 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, employees of the Department of Transportation as defined in § 3452(a)(1)e. of this title, and state police officers killed in the line of duty.

59 Del. Laws, c. 333, §  173 Del. Laws, c. 188, §  174 Del. Laws, c. 396, §  1

§ 3452. Requirements to receive benefits.

(a) In order to qualify for the benefits of this subchapter, an applicant shall 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;

b. A member of the armed forces who is being held or who was held as a prisoner of war;

c. A member of the armed forces officially declared missing in action; or

d. A 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 the officer’s official duties;

e. An employee of the Department of Transportation routinely employed in job-related activities upon the state highway system, such as toll operators, construction inspectors, equipment operators, bridge inspectors and maintenance staff, and survey crews, who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of the employee’s 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 for at least 3 years prior to the date of application; and

(3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed 4 years in duration.

(b) No child of a member of the armed forces shall receive educational benefits in accordance with this subchapter unless such child qualifies under subsection (a) of this section, and:

(1) A parent of such child is a resident of the State and is or was missing in action or held as a prisoner of war; or

(2) A parent of such child was a resident of the State at the time such parent was killed or later died from disease, wounds, injuries or disabilities arising or resulting from performance of duty.

59 Del. Laws, c. 333, §  166 Del. Laws, c. 137, §  170 Del. Laws, c. 186, §  173 Del. Laws, c. 188, §  174 Del. Laws, c. 396, §  2

§ 3453. Vested rights.

Any person found to be qualified for the benefits of this subchapter 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.

59 Del. Laws, c. 333, §  173 Del. Laws, c. 188, §  1

§ 3454. Eligible institutions.

Benefits authorized in this subchapter may be utilized for attendance at:

(1) An institution financially supported by the State;

(2) If the desired major or training is not available in such an institution, then at a private institution in Delaware;

(3) If there is no institution in Delaware offering such major or training, at a public or private institution in another state; or

(4) If an eligible student chooses to attend an institution out of the sequence described herein, the value of the benefit will be reduced as described in this subchapter.

59 Del. Laws, c. 333, §  167 Del. Laws, c. 401, §  173 Del. Laws, c. 188, §  1

§ 3455. Extent of benefit.

(a) The per student benefits granted under this subchapter may not exceed the amount of tuition and fees per academic year.

(b) Benefits shall be limited to 4 years of training or education.

(c) If the student attends an institution according to the priority sequence outlined above, the benefit shall be equal to the amount of tuition and fees. If the student chooses to attend a Delaware private institution when that student’s major is offered at a Delaware public institution, or if the student chooses to attend an out-of-state institution when that student’s major is offered at a Delaware public institution and/or a Delaware private institution, the amount of the benefit shall be equal to the tuition and fees of:

(1) The average tuition and fees of the Delaware public institutions which offer the major; or

(2) The average tuition and fees of the Delaware private institutions which offer the major, if it is not offered at a Delaware public institution.

59 Del. Laws, c. 333, §  167 Del. Laws, c. 401, §  270 Del. Laws, c. 186, §  173 Del. Laws, c. 188, §  1

§§ 3456, 3457. [Reserved.]