AN ACT relating to postsecondary tuition waivers.

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AN ACT relating to postsecondary tuition waivers. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 164.515 is amended to read as follows: 3
(1) The spouse, regardless of age, and any child or[,] stepchild[, or orphan] , under the 4
age of twenty -six (26), of a permanently and totally disabled member of the 5
Kentucky National Guard or Reserve Component injured while on state active duty, 6
active duty for training, or inactive duty training, or a permanently and totally 7
disabled war veteran, or a one hundred percent (100%) service -connected disabled 8
veteran regardless of wartime service, or prisoner of war or member of the Armed 9
Services declared missing in action shall not be required to pay any matriculation or 10
tuition fees upon his or her admission to any state -supported institution of higher 11
education, community college, or vocational training institution for up to a 12
maximum of one hundred twenty -eight (128) credit hours of undergraduate 13
instruction[ or to any state -supported vocational training school for a period not in 14
excess of forty -five (45) months in order to obtain a diploma, n or in excess of the 15
lesser number of months required for a certificate of completion]. 16
(2) To be entitled to benefits under this section , the parent or stepparent of the child 17
claiming benefits , if living , must be rated permanently and totally disabled for 18
pension purposes or one hundred percent (100%) disabled for compensation 19
purposes by the United States Department of Veterans Affairs or the Department of 20
Defense. If the veteran is deceased, the claim to benefits is to be based on the rating 21
held by the veteran at the time of death , or if a prisoner of war or missing in action, 22
must have been declared as such by the Department of Defense. Members of the 23
Kentucky National Guard must be rated permanently and totally disabled as 24
provided in KRS Chapter 342. The parent's, stepparent's, or spouse's service and 25
rating must be evidenced by certification from the records of the Kentucky 26
Department of Military Affairs, United States Department of Veterans Affairs, or 27
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the Department of Defense of the United States. 1
(3) The parent -child relationship must be shown by birth certificate, legal adoption 2
papers, marriage certificate, or other documentary evidence. A stepchild must be a 3
member of the veteran's household. The spousal relationship must be shown by a 4
marriage certificate or other documentary evidence. 5
(4) To entitle a spouse, child, or stepchild[, or orphan] to benefit under this section, the 6
disabled member of the National Guard or Reserve Component veteran living or 7
deceased must: 8
(a) Have served on state active duty, active duty for training, or inactive duty 9
training or active duty with the Armed Forces of the United States ;[, and his 10
discharge must ] 11
(b) Have been discharged under honorable conditions; and[. He must ] 12
(c) Be a reside nt or, if deceased, have been a resident of the Commonwealth of 13
Kentucky upon becoming a member of the Kentucky National Guard or 14
Reserve Component. 15
(5) The expiration of a child's or stepchild's age eligibility under subsection (1) of 16
this section shall b e extended by the number of academic terms the institution 17
determines the student was unable to enroll for or complete due to serving: 18
(a) On active duty status in the United States Armed Forces; 19
(b) As an officer in the Commissioned Corps of the United St ates Public Health 20
Service; or 21
(c) On active service in the Peace Corps Act or the Americorps. 22
The original age limitation of twenty -six (26) shall be extended by the total 23
number of years during which the child or stepchild was in service. The number 24
of months served shall be rounded up to the next higher year to determine the 25
maximum length of eligibility extension allowed [No provision of this section shall 26
serve to deny these benefits to an eligible spouse, child, stepchild, or orphan, who 27
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enlists, or w ho fulfills a military obligation, in the Armed Forces of the United 1
States and is discharged under honorable conditions; the period of time spent in the 2
military service to be compensated by like time, beyond the age of twenty -six (26) 3
years if required, but not in excess of the period of enrollment as set forth in 4
subsection (1) of this section]. 5
(6) The marriage of an eligible child or[,] stepchild[, or orphan,] shall not serve to deny 6
full entitlement to the benefits provided in this section. 7
(7) The st udent shall complete the Free Application for Federal Student Aid to 8
determine the level of need and eligibility for state and federal financial aid 9
programs. The amount waived under this section shall not exceed the cost of 10
tuition and mandatory fees at t he institution less any state or federal grants 11
received, which shall be credited first to the student's tuition and fees. 12
Section 2. KRS 164.284 is amended to read as follows: 13
(1) [When ]Any person sixty -five (65) years of age or older, who is a resident of the 14
Commonwealth and[,] is admitted and enrolls as a student in any state -supported 15
institution of higher education, community college, or vocational training 16
institution shall not be required to pay any matriculation or tuition fees for up to a 17
maximum of eight (8) credit hours per semester [ of higher learning in this 18
Commonwealth, the board of trustees of the institution or oth er appropriate 19
institution officials shall waive all tuition charges and fees for such student] , except 20
as provided in subsection (2) of this section. 21
(2) In the event that classes are full or the granting of free admission requires additional 22
units, the institution shall[may] deny admission under this section. 23
(3) The student shall complete the Free Application for Federal Student Aid to 24
determine the level of need and eligibility for state and federal financial aid 25
programs. The amount waived under this s ection shall not exceed the cost of 26
tuition and mandatory fees at the institution less any state or federal grants 27
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received, which shall be credited first to the student's tuition and fees. 1
Section 3. KRS 164.2841 is amended to read as follows: 2
(1) (a) The surviving spouse who has not remarried, regardless of age, and any 3
surviving child or stepchild under the age of twenty -six (26), of any person 4
who[Any person whose parent or any nonmarried widow or widower whose 5
spouse] was a resident of the Commonwealth of Kentucky upon becoming a 6
law enforcement officer, firefighter, [or ]volunteer firefighter, or emergency 7
medical services personnel and who was killed while in active service or 8
training for active service or who died as a result of a service -connected 9
disability shall not be required to pay any matriculation or tuition fee upon 10
admission to any state -supported institution of higher education [university], 11
community college, or vocational training institution for up to a maximum of 12
one hundred twenty -eight (128) credit hours of undergraduate instruction . 13
The provisions of this subsection shall apply to: 14
1. Any firefighter or volunteer firefighter who is killed or dies under the 15
conditions covered in this subsection on or after July 1, 1989 ; and[, or 16
thereafter] 17
2. Any emergency medical services personnel who was killed or died 18
under the conditions covered in this subsection on or after July 1, 19
2000. 20
(b) In order to obtain the benefits conferred by paragraph (a) of this s ubsection, 21
the parent -child relationship shall be shown by birth certificate, adoption 22
papers, or other documentary evidence. The spousal relationship shall be 23
shown by a marriage certificate or other documentary evidence. The parent's 24
or spouse's service and the cause of death shall be evidenced by certification 25
from the records of: 26
1. The Kentucky Justice and Public Safety Cabinet;[,] 27
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2. The appropriate city or county law enforcement agency which employed 1
the deceased;[,] 2
3. The administrative agency for the fire department or fire protection 3
district recognized for funding under KRS 95A.262;[, or ] 4
4. The administrative agency having jurisdiction over any paid firefighters 5
of all counties and cities of all classes; or 6
5. The county, city, or administrat ive agency employing the emergency 7
medical services personnel. 8
(2) (a) Any surviving spouse who has not remarried or surviving child or stepchild 9
under the age of twenty -six (26) of [person whose parent or any nonmarried 10
widow or widower whose spouse was] an employee participating in a state -11
administered retirement system, who is [and] not otherwise covered by 12
subsection (1) of this section, and whose spouse or parent [who] died as a 13
result of a duty -related injury as described in KRS 61.621 shall not be 14
required to pay any matriculation or tuition fee upon admission to any state -15
supported institution of higher education [university], community college, or 16
vocational training institution for up to a maximum of one hundred twenty -17
eight (128) credit hours of undergraduate instruction. 18
(b) In order to obtain the benefits conferred by paragraph (a) of this subsection, 19
the parent -child relationship shall be shown by birth certificate, adoption 20
papers, or other documentary evidence. The spousal relationship shall be 21
shown by a marriage certific ate or other documentary evidence. The parent's 22
or spouse's service and the cause of death shall be evidenced by certification 23
from the records of the employing agency or the appropriate retirement 24
system. 25
(3) The expiration of a child's or stepchild's age eligibility under subsection (1) or (2) 26
of this section shall be extended by the number of academic terms the institution 27
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determines the student was unable to enroll for or complete due to serving: 1
(a) On active duty status in the United States Armed Forces; 2
(b) As an officer in the Commissioned Corps of the United States Public Health 3
Service; or 4
(c) On active service in the Peace Corps Act or the Americorps. 5
The original age limitation of twenty -six (26) shall be extended by the total 6
number of years du ring which the child or stepchild was in service. The number 7
of months served shall be rounded up to the next higher year to determine the 8
maximum length of eligibility extension allowed. 9
(4) The student shall complete the Free Application for Federal Stu dent Aid to 10
determine the level of need and eligibility for state and federal financial aid 11
programs. The amount waived under this section shall not exceed the cost of 12
tuition and mandatory fees at the institution less any state or federal grants 13
received, which shall be credited first to the student's tuition and fees. 14
(5) As used in this section, "emergency medical services personnel" has the same 15
meaning as in KRS 61.315 [If one so admitted to a state -supported university, 16
community college, or vocational training institution under the provisions of this 17
section shall have obtained a cash scholarship paid or payable to the institution, 18
from whatever source, the amount of the scholarship shall be applied to the credit of 19
the applicant in the payment of inci dental expenses of his attendance at the 20
institution, and any balance, if the terms of the scholarship permit, shall be returned 21
to the applicant]. 22
Section 4. KRS 164.2842 is amended to read as follows: 23
(1) (a) The spouse, regardless of age, and any child or stepchild, under the age of 24
twenty-six (26), of a permanently and totally disabled law enforcement 25
officer, firefighter, [or ]volunteer firefighter, or emergency medical services 26
personnel injured while in active serv ice or in training for active service [, 27
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who is over the age of seventeen (17) and under the age of twenty -three (23)] 1
shall not be required to pay any matriculation or tuition fee upon his or her 2
admission to any state -supported institution of higher educa tion[university], 3
community college, or vocational training institution for up to a maximum of 4
one hundred twenty-eight (128) credit hours of undergraduate instruction [a 5
period not in excess of thirty-six (36) months in order to obtain a diploma, nor 6
in ex cess of the lesser number of months required for a certificate of 7
completion]. 8
(b) For the spouse or child to be entitled to benefits under this section, the 9
disabled law enforcement officer, firefighter, [or ] volunteer firefighter , or 10
emergency medical services personnel shall be rated permanently and totally 11
disabled for pension purposes or one hundred percent (100%) disabled for 12
compensation purposes by the Kentucky Justice and Public Safety Cabinet, 13
the appropriate city or county law enforcement agency which employed the 14
disabled, the administrative agency for the fire department or fire protection 15
district recognized for funding under KRS 95A.262, [or ] the administrative 16
agency having jurisdiction over any paid firefighters of all counties and cities 17
of all classes, or the county, city, or administrative agency employing the 18
emergency medical services personnel, or if deceased, the claim to benefits is 19
to be based on the rating held by the law enforcement officer, firefighter, [or 20
]volunteer firefighter, or emergency medical services personnel at the time of 21
death. The parent's or spouse's service and rating shall be evidenced by 22
certification from the records of: 23
1. The Kentucky Justice and Public Safety Cabinet;[,] 24
2. The appropriate local law enforcement agency;[,] 25
3. The administrative agency for the fire department or fire protection 26
district recognized for funding under KRS 95A.262;[, or ] 27
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4. The administrative agency having jurisdiction over any paid firefighters 1
of all counties and cities of all classes; or 2
5. The county, city, or administrative agency employing the emergency 3
medical services personnel. 4
(c) In the absence of certification of permanent and total disability by the 5
Kentucky Department of Workers' Cla ims, the Kentucky Justice and Public 6
Safety Cabinet, the appropriate local law enforcement agency, the 7
administrative agency for the fire department or fire protection district 8
recognized for funding under KRS 95A.262, [or ] the administrative agency 9
having jurisdiction over any paid firefighters of all counties and cities of all 10
classes, or the county, city, or administrative agency employing the 11
emergency medical services personnel, medical evidence showing permanent 12
and total disability or the existence o f permanent and total disability for a 13
period of at least thirty (30) days immediately prior to death may be accepted, 14
if this evidence is signed by a physician licensed to practice or an official of 15
an accredited medical hospital. 16
(d) The parent -child rel ationship shall be shown by birth certificate, legal 17
adoption papers, or other documentary evidence. The spousal relationship 18
shall be shown by a marriage certificate or other documentary evidence. 19
(e) To entitle a spouse ,[ or] child, or stepchild to benefits under this section the 20
disabled law enforcement officer, firefighter, [or ] volunteer firefighter , or 21
emergency medical services personnel shall have been a resident of the 22
Commonwealth of Kentucky upon becoming a law enforcement officer, 23
firefighter, [or ] volunteer firefighter , or emergency medical services 24
personnel. 25
(2) (a) The spouse, regardless of age, and any child or stepchild of a person who was 26
an employee participating in a state -administered retirement system and not 27
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otherwise covered by subsection (1) of this section and who was disabled as a 1
result of a duty -related injury as described in KRS 61.621 [, who is over the 2
age of seventeen (17) and under the age of twenty -three (23)] shall not be 3
required to pay any matriculation or tuition fee upo n his or her admission to 4
any state -supported institution of higher education [university], community 5
college, or vocational training institution for up to a maximum of one 6
hundred twenty -eight (128) credit hours of undergraduate instruction [a 7
period not in excess of thirty-six (36) months in order to obtain a diploma, nor 8
in excess of the lesser number of months required for a certificate of 9
completion]. 10
(b) The parent -child relationship shall be shown by birth certificate, legal 11
adoption papers, or other d ocumentary evidence. The spousal relationship 12
shall be shown by a marriage certificate or other documentary evidence. 13
(3) The marriage of an eligible child shall not serve to deny full entitlement to the 14
benefits provided in this section. 15
(4) The expiration of a child's or stepchild's age eligibility under subsection (1) or (2) 16
of this section shall be extended by the number of academic terms the institution 17
determines the student was unable to enroll for or complete due to serving: 18
(a) On active duty status in the United States Armed Forces; 19
(b) As an officer in the Commissioned Corps of the United States Public Health 20
Service; or 21
(c) On active service in the Peace Corps Act or the Americorps. 22
The original age limitation of twenty -six (26) shall be extended by the total 23
number of years during which the child or stepchild was in service. The number 24
of months served shall be rounded up to the next higher year to determine the 25
maximum length of eligibility extension allowed. 26
(5) The student shall complete the Free Application for Federal Student Aid to 27
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determine the level of need and eligibility for state and federal financial aid 1
programs. The amount waived under this section shall not exceed the cost of 2
tuition and mandatory fees at the institution less any state or federal grants 3
received, which shall be credited first to the student's tuition and fees. 4
(6) As used in this section, "emergency medical services personnel" has the same 5
meaning as in KRS 61.315. 6
Section 5. KRS 164.507 is amended to read as follows: 7
(1) The [nonremarried ] spouse who has not remarried , regardless of age, and any 8
child[,] or stepchild[, or orphan,] under the age of twenty -six (26), of a deceased 9
veteran shall not be required to pay any matriculation or tuition fees upon 10
admission to any state -supported institution of higher education, community 11
college, or vocational training institution for up to a maximum of one hundred 12
twenty-eight ( 128) credit hours of undergraduate instruction [university, junior 13
college, or vocational training institute for a period not in excess of forty -five (45) 14
months in order to obtain a diploma, nor in excess of the lesser number of months 15
required for a certificate of completion], if the deceased parent or spouse: 16
(a) 1. Served in the Armed Forces of the United States during a national 17
emergency, wars declared by Congress, or actions of the United Nations 18
and was discharged under honorable conditions; or 19
2. Died while on active duty in the Armed Forces of the United States 20
regardless of wartime service; or 21
3. Died as a result of a service -connected disability acquired while on 22
active duty with the Armed Forces of the United States regardless of 23
wartime service; and 24
(b) 1. Was a resident of the Commonwealth of Kentucky at th e time of death; 25
or 26
2. Was married to a resident of Kentucky at the time of death[; and 27
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3. If discharged, was under honorable conditions]. 1
(2) In order to obtain the benefits conferred by subsection (1) of this section , the 2
parent-child relationship must b e shown by birth certificate, adoption papers, 3
marriage certificate, or other documentary evidence. A stepchild must have been a 4
member of the veteran's household at the time of the veteran's death. The spousal 5
relationship must be shown by a marriage cert ificate or other documentary 6
evidence. The parent's or spouse's service and the cause of death must be evidenced 7
by certification from the records of the Kentucky Department of Military Affairs, 8
the United States Department of Veterans Affairs Records, or the Department of 9
Defense of the United States. In the event one so admitted to a state -supported 10
institution of higher education, community [university, junior] college, or 11
vocational training institution under this section shall have obtained a cash 12
scholarship paid or payable to the institution, from whatever source, the amount of 13
the scholarship shall be applied to the credit of the applicant in the payment of 14
incidental expenses of attendance at the institution, and any balance, if the terms of 15
the scholarship permit, shall be returned to the applicant. 16
(3) The expiration of a student's age eligibility under subsection (1) of this section 17
shall be extended by the number of academic terms the institution determines the 18
student was unable to enroll for or complete due to serving: 19
(a) On active duty status in the United States Armed Forces; 20
(b) As an officer in the Commissioned Corps of the United States Public Health 21
Service; or 22
(c) On active service in the Peace Corps Act or the Americorps. 23
The original a ge limitation of twenty -six (26) shall be extended by the total 24
number of years during which the student was in service. The number of months 25
served shall be rounded up to the next higher year to determine the maximum 26
length of eligibility extension allowed. 27
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(4) The student shall complete the Free Application for Federal Student Aid to 1
determine the level of need and eligibility for state and federal financial aid 2
programs. The amount waived under this section shall not exceed the cost of 3
tuition and manda tory fees at the institution less any state or federal grants 4
received, which shall be credited first to the student's tuition and fees. 5
Section 6. KRS 164.2847 is amended to read as follows: 6
(1) Tuition and mandatory st udent fees for any undergraduate or graduate program of 7
any Kentucky public postsecondary institution, including all four (4) year 8
universities and colleges and institutions of the Kentucky Community and 9
Technical College System, shall be waived for a Kent ucky foster or adopted child 10
who is a full -time or part-time student if the student is under the age of twenty -six 11
(26) and meets all entrance requirements and maintains academic eligibility while 12
enrolled at the postsecondary institution, and if: 13
(a) The student's family receives state -funded adoption assistance under KRS 14
199.555; 15
(b) The student is currently committed to the Cabinet for Health and Family 16
Services under KRS 610.010(5) and placed in a family foster home or is 17
placed in accordance with KRS 605.090(3); 18
(c) The student is in an independent living program and the placement is funded 19
by the Cabinet for Health and Family Services; 20
(d) The student who is an adopted child was in the permanent legal custody of 21
and placed for adoption by the Cabinet for Health and Family Services. A 22
student who meets the eligibility criteria of this paragraph and lives outside of 23
Kentucky at the time of application to a Kentucky postsecondary institution 24
may apply for the waiver up to the amount of tuition for a Kentu cky resident; 25
or 26
(e) The Cabinet for Health and Family Services was the student's legal custodian 27
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on his or her eighteenth birthday. 1
(2) Tuition and man datory student fees for any undergraduate program of any 2
Kentucky institution of higher education, community college, or vocational 3
training institution for up to a maximum of one hundred twenty-eight (128) credit 4
hours of undergraduate instruction [public postsecondary institution, including all 5
four (4) year universities and colleges and institutions of the Kentucky Community 6
and Technical College System,] shall be waived for a Department of Juvenile 7
Justice foster child who is a full-time or part-time student if the student is under the 8
age of twenty-six (26) and meets all entrance requirements and maintains academic 9
eligibility while enrolled at the postsecondary institution and obtains a 10
recommendation for participation from an official from the Departme nt of Juvenile 11
Justice, and if: 12
(a) The student has not been sentenced to the Department of Juvenile Justice 13
under KRS Chapter 640; 14
(b) The student has been committed to the Department of Juvenile Justice for a 15
period of at least twelve (12) months; 16
(c) The student is in an independent living program and placement is funded by 17
the Department of Juvenile Justice; 18
(d) The parental rights of the student's biological parents have been terminated; or 19
(e) The student was committed to the Cabinet for Health and Fa mily Services 20
prior to a commitment to the Department of Juvenile Justice. 21
(3) Upon request of the postsecondary institution, the Cabinet for Health and Family 22
Services shall confirm the eligibility status under subsection (1) of this section and 23
the Depar tment of Juvenile Justice shall confirm the eligibility status and 24
recommendations under subsection (2) of this section of the student seeking to 25
participate in the waiver program. Release of this information shall not constitute a 26
breach of confidentiality required by KRS 199.570, 610.320, or 620.050. 27
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(4) The student shall complete the Free Application for Federal Student Aid to 1
determine the level of need and eligibility for state and federal financial aid 2
programs. If the sum of the tuition waiver plus o ther student financial assistance, 3
except loans and the work study program under 42 U.S.C. secs. 2751 -2756b, from 4
all sources exceeds the student's total cost of attendance, as defined in 20 U.S.C. 5
sec. 1087ll, the tuition waiver shall be reduced by the am ount exceeding the total 6
cost of attendance. 7
(5) [Except when extended in accordance with subsection (6) of this section, the 8
student shall be eligible for the tuition waiver: 9
(a) For entrance to the institution for a period of no more than four (4) years after 10
the date of graduation from high school or obtaining a high school 11
equivalency diploma; and 12
(b) For one hundred fifty (150) consecutive or nonconsecutive credit hours 13
earned, after first admittance to any Kentucky institution if satisfactory 14
progress is achieved or maintained up to age twenty-eight (28). 15
(6) ]The expiration of a student's age eligibility under subsections (1) and 16
(2)[subsection (5)(a)] of this section shall be extended by the number of academic 17
terms the institution determines the student was unable to enroll for or complete due 18
to serving: 19
(a) On active duty status in the United States Armed Forces; 20
(b) As an officer in the Commissioned Corps of the United States Public Health 21
Service; or 22
(c) On active service in the Peace Corps Act or the Americorps. 23
The original age limitation under subsections (1) and (2) [subsection (5)(b)] of this 24
section shall be extended by the total number of years during which the student was 25
on active duty status. The number of months served on active duty s tatus shall be 26
rounded up to the next higher year to determine the maximum length of eligibility 27
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extension allowed. 1
(6)[(7)] The Council on Postsecondary Education shall report nonidentifying data on 2
graduation rates of students participating in the tuitio n waiver program by 3
November 30 each year to the Legislative Research Commission. 4
(7)[(8)] Nothing in this section shall be construed to: 5
(a) Guarantee acceptance of or entrance into any postsecondary institution for a 6
foster or adopted child; 7
(b) Limit the participation of a foster or adopted student in any other program of 8
financial assistance for postsecondary education; 9
(c) Require any postsecondary institution to waive costs or fees relating to room 10
and board; or 11
(d) Restrict any postsecondary institut ion, the Department of Juvenile Justice, or 12
the Cabinet for Health and Family Services from accessing other sources of 13
financial assistance, except loans, that may be available to a foster or adopted 14
student. 15