Educational assistance for veterans' children and spouses modification

A bill for an act

relating to veterans; modifying educational assistance for veterans' children and

spouses; appropriating money; amending Minnesota Statutes 2024, sections 197.75,

subdivisions 2, 3, 5, by adding a subdivision; 197.791, subdivision 8; Minnesota

Statutes 2025 Supplement, section 197.75, subdivision 1; repealing Minnesota

Statutes 2024, section 197.752.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 197.75, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of veterans affairs.

(c) "Deceased veteran" means a veteran who has died as a result of the person's military

service, as determined by the United States
new text begin
Department of
new text end
Veterans
deleted text begin
Administration, and

who was a resident of this state: (1) within six months of entering the United States armed

forces, or (2) for the six months preceding the veteran's date of death
deleted text end
new text begin
Affairs or United

States Department of Defense
new text end
.

(d) "Eligible child" means a person who:

(1) is the natural or adopted child or stepchild of
new text begin
:
new text end

new text begin

(i)
new text end
a deceased veteran;
deleted text begin
and
deleted text end
new text begin
or
new text end

new text begin

(ii) a person who served as a prisoner of war or was declared a person missing in action,

if the child was born or legally adopted by the person or was in the legal custody of the

person before or during the period that the person served as a prisoner of war or was declared

a person missing in action;

new text end

(2) is a student making satisfactory academic progress at an eligible institution of higher

education
deleted text begin
.
deleted text end
new text begin
;
new text end

new text begin

(3) is a resident student, as defined in section 136A.101, subdivision 8; and

new text end

new text begin

(4) has applied for educational assistance under this section before the end of the academic

term for which the assistance is being requested.

new text end

(e) "Eligible institution" means a postsecondary educational institution located in this

state that either is operated by this state
deleted text begin
or
deleted text end
new text begin
,
new text end
the Board of Regents of the University of

Minnesota,
new text begin
or a Tribally controlled college
new text end
or is licensed or registered with the Office of

Higher Education.

(f) "Eligible spouse" means
new text begin
a person who:
new text end

new text begin

(1) is
new text end
the
new text begin
spouse or
new text end
surviving spouse of
new text begin
:
new text end

new text begin

(i)
new text end
a deceased veteran, regardless of whether the surviving spouse remarries
deleted text begin
.
deleted text end
new text begin
; or
new text end

new text begin

(ii) a person who served as a prisoner of war or was declared a person missing in action;

new text end

new text begin

(2) is a student making satisfactory academic progress at an eligible institution of higher

education;

new text end

new text begin

(3) is a resident student, as defined in section 136A.101, subdivision 8; and

new text end

new text begin

(4) has applied for educational assistance under this section before the end of the academic

term for which the assistance is being requested.

new text end

deleted text begin

(g) "Eligible veteran" means a veteran who:

deleted text end

deleted text begin

(1) is a student making satisfactory academic progress at an eligible institution of higher

education;

deleted text end

deleted text begin

(2) had Minnesota as the person's state of residence at the time of the person's enlistment

or any reenlistment into the United States armed forces, as shown by the person's federal

form DD-214 or other official documentation to the satisfaction of the commissioner;

deleted text end

deleted text begin

(3) except for benefits under this section, has no remaining military or veteran-related

educational assistance benefits for which the person may have been entitled; and

deleted text end

deleted text begin

(4) while using the educational assistance authorized in this section, remains a resident

student as defined in section
136A.101, subdivision 8
.

deleted text end

new text begin

(g) "Prisoner of war" and "person missing in action" mean any person who, while serving

in the United States armed forces, has been declared to be a prisoner of war or to be a person

missing in action as established by the Secretary of Defense after August 1, 1958.

new text end

new text begin

(h) "Public postsecondary educational institution" means an institution operated by the

state or the Board of Regents of the University of Minnesota.

new text end

deleted text begin

(h)
deleted text end
new text begin
(i)
new text end
"Satisfactory academic progress" has the meaning given in section
136A.101
,

subdivision 10.

deleted text begin

(i)
deleted text end
new text begin
(j)
new text end
"Student" has the meaning given in section
136A.101, subdivision 7
.

new text begin

(k) "Surviving spouse" means a person who was legally married, as recognized by the

state of Minnesota, to a veteran at the time of the veteran's death.

new text end

new text begin

(l) "Tribally controlled college" has the meaning given in section 136A.1796, subdivision

1, paragraph (d).

new text end

new text begin

(m) "Tuition and fees" means the tuition and fees charged by an institution.

new text end

deleted text begin

(j)
deleted text end
new text begin
(n)
new text end
"Veteran" has the meaning given in section
197.447
.

Sec. 2.

Minnesota Statutes 2024, section 197.75, subdivision 2, is amended to read:

Subd. 2.

Benefits; eligibility.

(a) The commissioner of veterans affairs
deleted text begin
shall
deleted text end
new text begin
must
new text end
spend

a biennial appropriation to provide an educational assistance stipend of $750 each year for

each eligible child and each eligible spouse
deleted text begin
, and a single payment of $750 for each eligible

veteran
deleted text end
.
deleted text begin
This
deleted text end
new text begin
The
new text end
stipend
new text begin
under this subdivision
new text end
is not available for any person who has

attained a bachelor's or equivalent degree.

(b) Each eligible child and each eligible spouse
deleted text begin
shall
deleted text end
new text begin
must
new text end
be admitted to any
new text begin
eligible
new text end

Minnesota public
deleted text begin
eligible
deleted text end
new text begin
postsecondary educational
new text end
institution free of tuition
new text begin
and fees
new text end
until

the person has attained a bachelor's or equivalent degree.

(c)
new text begin
After the commissioner approves of an applicant's eligibility for educational assistance,

the applicant must be awarded a financial stipend on a funds-available basis.
new text end
Payments of

benefits authorized under this section
deleted text begin
shall
deleted text end
new text begin
must
new text end
be made directly to the participating eligible

institutions or to eligible individuals, as determined by the commissioner.

new text begin

(d) Once a person qualifies as an eligible child under subdivision 1, paragraph (d), the

person remains an eligible child, regardless of any change in circumstance, including:

new text end

new text begin

(1) the return of the person's parent who was a prisoner of war or person missing in

action; or

new text end

new text begin

(2) the reported death of the person's parent who was a prisoner of war or person missing

in action.

new text end

new text begin

(e) Once a person qualifies as an eligible spouse under subdivision 1, paragraph (f), the

person remains an eligible spouse, regardless of any change in circumstance, including:

new text end

new text begin

(1) the return of the person's spouse who was a prisoner of war or person missing in

action; or

new text end

new text begin

(2) the reported death of the person's spouse who was a prisoner of war or person missing

in action.

new text end

Sec. 3.

Minnesota Statutes 2024, section 197.75, subdivision 3, is amended to read:

Subd. 3.

Proof of eligibility.

new text begin
A person seeking
new text end
approval for benefits under this section
deleted text begin

shall require submission of
deleted text end

new text begin
must submit
new text end
the following evidence:
new text begin
an
new text end
application, proof of

military service, and,
deleted text begin
where
deleted text end
new text begin
if
new text end
applicable, proof of residency
deleted text begin
and a statement from the United

States Veterans Administration that the veteran has exhausted entitlement to federal

educational benefits through use thereof
deleted text end
new text begin
, proof of service-connected disability,
new text end
or
deleted text begin
that
deleted text end
new text begin
proof

that
new text end
the veteran died
deleted text begin
of service connected disabilities
deleted text end
new text begin
as a result of the veteran's military

service as determined by the United States Department of Veterans Affairs or United States

Department of Defense
new text end
. Upon submission of satisfactory proof of eligibility, benefits
deleted text begin
shall
deleted text end
new text begin

must
new text end
be provided from the date of application and notification of approval
deleted text begin
shall
deleted text end
new text begin
must
new text end
be

sent to the educational institution and applicant.

Sec. 4.

Minnesota Statutes 2024, section 197.75, subdivision 5, is amended to read:

Subd. 5.

Participation by eligible institutions.

(a) Each Minnesota public postsecondary
new text begin

educational
new text end
institution must continue to participate in the educational assistance program

authorized in this section during both peacetime and times of war.

(b) Any participating eligible institution not described in paragraph (a) may suspend or

terminate its participation in the program at the end of any academic semester or other

academic term.

Sec. 5.

Minnesota Statutes 2024, section 197.75, is amended by adding a subdivision to

read:

new text begin

Subd. 7.

new text end

new text begin

Reports.

new text end

new text begin

(a) An eligible institution must submit an annual report by September

30 each year to the commissioner that describes:

new text end

new text begin

(1) program activity and the number of students that the institution served under this

section;

new text end

new text begin

(2) enrollment and graduation data for all students awarded education benefits under

this section; and

new text end

new text begin

(3) the aggregate cost of tuition and awarded tuition waivers for students who received

benefits under this section.

new text end

new text begin

(b) A public or regionally accredited private postsecondary educational institution must

provide information to eligible children and spouses according to this section and other

information and links that are useful to students and parents who are in the process of

selecting a college or university and on the institution's website by providing a veterans

education benefits page with links to the federal and state veterans education benefits

programs.

new text end

Sec. 6.

Minnesota Statutes 2024, section 197.791, subdivision 8, is amended to read:

Subd. 8.

Appropriation.

The amount necessary to pay the benefit amounts in subdivisions

5,
deleted text begin
5a, and 5b
deleted text end
new text begin
6, and 7, and section 197.75
new text end
is appropriated from the general fund to the

commissioner. During any fiscal year beginning on or after July 1, 2012, the amount paid

under this subdivision must not exceed $6,000,000.

Sec. 7.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 197.752,

new text end

new text begin

is repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: 26-06000

197.752 EDUCATIONAL ASSISTANCE TO POW/MIA DEPENDENTS.

Any dependent of a prisoner of war or a person missing in action, upon being duly accepted for enrollment in any Minnesota public postsecondary institution, shall be allowed to attend the institution to obtain a bachelor's degree or certificate of completion, while eligible, free of tuition or charge. A dependent who enrolls as an undergraduate in any private Minnesota postsecondary institution shall be entitled to payment by the state of tuition and fees at a rate not to exceed $250 per year for so long as the dependent is eligible to attend the institution and is working toward a bachelor's degree or certificate of completion.

"Prisoner of war" and "persons missing in action" for purposes of this section mean any person who was a resident of the state at the time the person entered service of the United States armed forces, or whose official residence is within the state, and who, while serving in the United States armed forces has been declared to be a prisoner of war, or to be a person missing in action as established by the Secretary of Defense after August 1, 1958.

"Dependent" for purposes of this section means the spouse of a prisoner of war or person missing in action, or any child born before or during the period of time the child's parent served as a prisoner of war or was declared a person missing in action, or any child legally adopted or in the legal custody of the parent prior to and during the time the parent served as a prisoner of war or was declared to be a person missing in action. Once a person qualifies as a dependent under the terms and provisions of this section there shall be no situation such as the return of the spouse or parent or the reported death of the spouse or parent that will remove the dependent from provisions or benefits of this section.