State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-2304

85-2304. In the Line of Duty Dependent EducationBenefit; established; eligibility; waiver of tuition and fees; application;notice; determination; effect.(1) The In the Line of Duty Dependent Education Benefitis established for children of law enforcement officers and firefighters killedin the line of duty. In order for a child to be eligible for the benefit,the law enforcement officer or firefighter must have incurred the fatal injuryon or after April 23, 2009.(2) Notwithstandingthe provisions of this section, a death that occurs as the direct and proximateresult of a preexisting physical condition, disease, or illness shall be excludedfrom eligibility under this section unless the aggravation of such condition,disease, or illness caused by being in the line of duty was a direct and proximatecause of death.(3) Any child who is the child of a law enforcement officer killedin the line of duty as provided in subsection (1) of this section or of afirefighter killed in the line of duty as provided in such subsection shallbe eligible for the education benefit if the child is twenty-five years ofage or younger. An eligible child shall meet all admission requirements ofthe state university, state college, or community college to which he or sheis applying.(4) The education benefit shall be provided only for full-time undergraduatestudents who are pursuing studies leading to a degree from an associate degreeprogram or a baccalaureate degree program. The eligible child may receivethe education benefit for up to five years if he or she otherwise continuesto be eligible for participation. All education benefits received under theIn the Line of Duty Dependent Education Act shall cease when the eligiblechild reaches twenty-six years of age.(5) A child becomes eligible for the educationbenefit after he or she has applied for federal financial aid grants and statescholarships and grants to cover tuition and fees. The child must providea record of application for such financial aid to the state university, statecollege, or community college to which he or she is applying.(6) The stateuniversity, state college, or community college shall waive tuition and feesremaining due after subtracting awarded federal financial aid grants and statescholarships and grants for an eligible child during the time the child isenrolled as a full-time student. To remain eligible, the child must complywith all requirements of the institution for continued attendance and awardof an associate degree or a baccalaureate degree.(7) An application foran education benefit shall include a certified copy of the eligible child'sbirth certificate or applicable adoption record and verification of the deathof the law enforcement officer or firefighter who was the child's parent.(8) Verificationof the death of the law enforcement officer or firefighter shall be made byobtaining a certificate of eligibility from the following sources: (a) Certificatesof eligibility for the children of law enforcement officers shall be obtainedfrom the Superintendent of Law Enforcement and Public Safety; (b) certificatesof eligibility for the children of firefighters, except as provided in subdivision(c) of this subsection, shall be obtained from the State Fire Marshal; and(c) certificates of eligibility for the children of members of emergency medicalservices ambulance squads that are not associated with a paid or volunteerfire department shall be obtained from the Department of Health and HumanServices.(9) Within forty-five days after receipt of a completed application,the state university, state college, or community college shall send writtennotice of the applicant's eligibility or ineligibility for the education benefit. If the child is determined not to be eligible for the benefit, the noticeshall include the reason or reasons for such determination and an indicationthat an appeal of the determination may be made pursuant to the AdministrativeProcedure Act.(10) Upon a determination of eligibility for the child to obtainthe education benefit, the state university, state college, or community collegeis prohibited from charging the child, the child's surviving parent, or thechild's guardian any tuition or fees as long as the child remains eligible. SourceLaws 2009, LB206, § 4. Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-2304

85-2304. In the Line of Duty Dependent EducationBenefit; established; eligibility; waiver of tuition and fees; application;notice; determination; effect.(1) The In the Line of Duty Dependent Education Benefitis established for children of law enforcement officers and firefighters killedin the line of duty. In order for a child to be eligible for the benefit,the law enforcement officer or firefighter must have incurred the fatal injuryon or after April 23, 2009.(2) Notwithstandingthe provisions of this section, a death that occurs as the direct and proximateresult of a preexisting physical condition, disease, or illness shall be excludedfrom eligibility under this section unless the aggravation of such condition,disease, or illness caused by being in the line of duty was a direct and proximatecause of death.(3) Any child who is the child of a law enforcement officer killedin the line of duty as provided in subsection (1) of this section or of afirefighter killed in the line of duty as provided in such subsection shallbe eligible for the education benefit if the child is twenty-five years ofage or younger. An eligible child shall meet all admission requirements ofthe state university, state college, or community college to which he or sheis applying.(4) The education benefit shall be provided only for full-time undergraduatestudents who are pursuing studies leading to a degree from an associate degreeprogram or a baccalaureate degree program. The eligible child may receivethe education benefit for up to five years if he or she otherwise continuesto be eligible for participation. All education benefits received under theIn the Line of Duty Dependent Education Act shall cease when the eligiblechild reaches twenty-six years of age.(5) A child becomes eligible for the educationbenefit after he or she has applied for federal financial aid grants and statescholarships and grants to cover tuition and fees. The child must providea record of application for such financial aid to the state university, statecollege, or community college to which he or she is applying.(6) The stateuniversity, state college, or community college shall waive tuition and feesremaining due after subtracting awarded federal financial aid grants and statescholarships and grants for an eligible child during the time the child isenrolled as a full-time student. To remain eligible, the child must complywith all requirements of the institution for continued attendance and awardof an associate degree or a baccalaureate degree.(7) An application foran education benefit shall include a certified copy of the eligible child'sbirth certificate or applicable adoption record and verification of the deathof the law enforcement officer or firefighter who was the child's parent.(8) Verificationof the death of the law enforcement officer or firefighter shall be made byobtaining a certificate of eligibility from the following sources: (a) Certificatesof eligibility for the children of law enforcement officers shall be obtainedfrom the Superintendent of Law Enforcement and Public Safety; (b) certificatesof eligibility for the children of firefighters, except as provided in subdivision(c) of this subsection, shall be obtained from the State Fire Marshal; and(c) certificates of eligibility for the children of members of emergency medicalservices ambulance squads that are not associated with a paid or volunteerfire department shall be obtained from the Department of Health and HumanServices.(9) Within forty-five days after receipt of a completed application,the state university, state college, or community college shall send writtennotice of the applicant's eligibility or ineligibility for the education benefit. If the child is determined not to be eligible for the benefit, the noticeshall include the reason or reasons for such determination and an indicationthat an appeal of the determination may be made pursuant to the AdministrativeProcedure Act.(10) Upon a determination of eligibility for the child to obtainthe education benefit, the state university, state college, or community collegeis prohibited from charging the child, the child's surviving parent, or thechild's guardian any tuition or fees as long as the child remains eligible. SourceLaws 2009, LB206, § 4. Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter85 > 85-2304

85-2304. In the Line of Duty Dependent EducationBenefit; established; eligibility; waiver of tuition and fees; application;notice; determination; effect.(1) The In the Line of Duty Dependent Education Benefitis established for children of law enforcement officers and firefighters killedin the line of duty. In order for a child to be eligible for the benefit,the law enforcement officer or firefighter must have incurred the fatal injuryon or after April 23, 2009.(2) Notwithstandingthe provisions of this section, a death that occurs as the direct and proximateresult of a preexisting physical condition, disease, or illness shall be excludedfrom eligibility under this section unless the aggravation of such condition,disease, or illness caused by being in the line of duty was a direct and proximatecause of death.(3) Any child who is the child of a law enforcement officer killedin the line of duty as provided in subsection (1) of this section or of afirefighter killed in the line of duty as provided in such subsection shallbe eligible for the education benefit if the child is twenty-five years ofage or younger. An eligible child shall meet all admission requirements ofthe state university, state college, or community college to which he or sheis applying.(4) The education benefit shall be provided only for full-time undergraduatestudents who are pursuing studies leading to a degree from an associate degreeprogram or a baccalaureate degree program. The eligible child may receivethe education benefit for up to five years if he or she otherwise continuesto be eligible for participation. All education benefits received under theIn the Line of Duty Dependent Education Act shall cease when the eligiblechild reaches twenty-six years of age.(5) A child becomes eligible for the educationbenefit after he or she has applied for federal financial aid grants and statescholarships and grants to cover tuition and fees. The child must providea record of application for such financial aid to the state university, statecollege, or community college to which he or she is applying.(6) The stateuniversity, state college, or community college shall waive tuition and feesremaining due after subtracting awarded federal financial aid grants and statescholarships and grants for an eligible child during the time the child isenrolled as a full-time student. To remain eligible, the child must complywith all requirements of the institution for continued attendance and awardof an associate degree or a baccalaureate degree.(7) An application foran education benefit shall include a certified copy of the eligible child'sbirth certificate or applicable adoption record and verification of the deathof the law enforcement officer or firefighter who was the child's parent.(8) Verificationof the death of the law enforcement officer or firefighter shall be made byobtaining a certificate of eligibility from the following sources: (a) Certificatesof eligibility for the children of law enforcement officers shall be obtainedfrom the Superintendent of Law Enforcement and Public Safety; (b) certificatesof eligibility for the children of firefighters, except as provided in subdivision(c) of this subsection, shall be obtained from the State Fire Marshal; and(c) certificates of eligibility for the children of members of emergency medicalservices ambulance squads that are not associated with a paid or volunteerfire department shall be obtained from the Department of Health and HumanServices.(9) Within forty-five days after receipt of a completed application,the state university, state college, or community college shall send writtennotice of the applicant's eligibility or ineligibility for the education benefit. If the child is determined not to be eligible for the benefit, the noticeshall include the reason or reasons for such determination and an indicationthat an appeal of the determination may be made pursuant to the AdministrativeProcedure Act.(10) Upon a determination of eligibility for the child to obtainthe education benefit, the state university, state college, or community collegeis prohibited from charging the child, the child's surviving parent, or thechild's guardian any tuition or fees as long as the child remains eligible. SourceLaws 2009, LB206, § 4. Cross ReferencesAdministrative Procedure Act, see section 84-920.