Military: Exemptions for Texas Veterans (Hazlewood Exemption) - FAQ

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1 Military: Exemptins fr Texas Veterans (Hazlewd Exemptin) - FAQ Frequently Asked Questins: What charges are cvered? What charges are nt cvered? Des the Hazlewd Act cver teacher certificatin fees? Des the Hazlewd Act cver credit by examinatin? Which dependents may qualify fr Hazlewd Act benefits? Des the dependent child f a deceased service member using Hazlewd Act benefits have t be a Texas resident at the time he/she uses the benefits? If the dependent child f a deceased service member wants t use Hazlewd Act benefits, must the parent have entered the service as a Texas resident? Wuld a veteran wh was a dependent when his/her parents mved t Texas and wh shrtly thereafter entered the military be eligible? Des the Hazlewd Act prvide benefits t the spuses f veterans? Des the Hazlewd Act prvide benefits t injured/disabled veterans? Des a veteran have t shw his DD214 t qualify? What is acceptable discharge language related t the phrase "under hnrable cnditins"? What is the current status f the debate abut hnrable discharge and hnrable separatin frm active duty? Is the required amunt f active service still 181 days? Are there any exceptins? If a veteran served fewer than 181 days f active duty when he r she entered the service as a Texas resident; but, had previusly participated in active duty in the armed frces, culd perids f service be cmbined t meet the 181-day requirement? Can service in the Texas Natinal Guard qualify an individual fr Hazlewd benefits? Can men/wmen wh served in Operatin Desert Strm qualify fr Hazlewd Act benefits? Can a veteran whse pint f entry int military service is anther state qualify fr Hazlewd Act benefits if he/she was a Texas resident at that time? If the veteran is nw a Texas resident but was nt a resident at the time f entering the service, can he/she qualify fr Hazlewd Act benefits? If smene entered the service frm anther state but then became a Texas resident, culd he/she use the Hazlewd Act benefit? If smene re-enters after living in Texas 12 mnths, can he/she be eligible fr Hazlewd Act benefits? Is financial need an eligibility requirement? Can a Pell r SEOG award make a persn ineligible fr the Hazlewd Act? If a Texas veteran has defaulted n an educatin lan thrugh a lan prgram in anther state, wuld he/she be eligible fr an exemptin? Will individuals in default n a federal r state student lan be eligible t use the Hazlewd Act benefits fr nn-credit curses? If a veteran receives Hazlewd Act benefit and it is later discvered that he/she defaulted n an applicable federal r state lan, des he/she have t pay the mney back t the schl? If a student is in default n a PLUS lan, can he/she receive Hazlewd Act benefits? Will the Hazlewd Act benefits pay fr cntinuing educatin classes? Can Hazlewd Act benefits be used fr graduate schl? Can veterans wh are cncurrently enrlled in mre than ne cllege r university (in the same term r semester) receive Hazlewd Act benefits? Are distance learning classes cvered by the Hazlewd Act?

2 Are aircraft flight training curses cvered by the Hazlewd Act? Can an individual wh met all f the eligibility requirements and was discharged r separated under hnrable cnditins r received a general discharge r separatin under hnrable cnditins qualify fr the Hazlewd Exemptin if he/she later decides t return t active duty? Hw much des the Hazlewd Exemptin pay? Is there a limit t the number f semesters r years a Texas veteran can receive the Hazlewd Exemptin? I used the Hazlewd Exemptin at a previus schl. Nw I've transferred and want t use the remainder f my exemptin. My university has asked fr a recrd f the number f hurs cvered by this exemptin at the previus schl. Can the Texas Higher Educatin Crdinating Bard prvide that recrd? Can a reservist qualify t receive Hazlewd benefits? Can an individual with a reserve cmmissin (i.e. graduates f U.S. military academies) wh are members f the United States Reserve Frces receive Hazlewd Benefits? Can a veteran wh was nt a United States Citizen at the time f entry qualify fr Hazlewd benefits? Is a veteran wh is n terminal leave eligible t receive Hazlewd benefits? Questin 1: What charges are cvered? Answer: The Hazlewd Act exempts qualified veterans and qualified dependent children f certain deceased veterans taking classes at public institutins f higher educatin in Texas frm all tuitin and fee charges, except prperty depsit fees and student services fees. The prperty depsit fees that are nt cvered are thse specifically authrized under Texas Educatin Cde The student services fees that are nt cvered by the Hazlewd Act are thse specifically authrized as student service fees in Texas Educatin Cde Charges fr cntinuing educatin classes are nt cvered UNLESS the cllege receives tax supprt fr ffering the class OR the cllege has CHOSEN t waive charges fr cntinuing educatin classes EVEN THOUGH state law allws them t refuse benefits. Back t the tp Questin 2: What charges are nt cvered? Answer: Bks, supplies, and living expenses are nt exempted, nr are prperty depsit and student services fees. Back t the tp Questin 3: Des the Hazlewd Act cver teacher certificatin fees? Answer: If the fee is fr credit hur classes taken thrugh a public institutin f higher educatin the fees fr such curses wuld be exempted; fees fr curses taken thrugh alternative certificatin prgrams (such as thse ffered thrugh Regin Service Centers), fees fr certificatin testing, fees t btain a state teaching certificate, and fees fr educatr certificatin curses at independent (private) institutins are nt exempted. Back t the tp Questin 4: Des the Hazlewd Act cver credit by examinatin?

3 Answer: Since Texas Educatin Cde, (a) refers t an exemptin frm "all dues, fees, and charges, the exemptin wuld include charges fr credit by examinatin as lng as the test is given thrugh a Texas public institutin. Back t the tp Questin 5: Which dependents may qualify fr Hazlewd Act benefits? Answer: Dependent children f eligible armed service members wh died in the line f duty r as a result f injury r illness directly related t military service are eligible fr Hazlewd Act benefits. Dependents whse parent became ttally disabled fr purpses f emplyability as a result f service related injury r illness. This benefit als applies t the dependent children f members f Texas Natinal Guard units killed in the line f duty while serving either the State f Texas r the United States. The child will need t prvide fficial military dcumentatin indicating he r she meets the requirements. Back t the tp Questin 6: Des the dependent child f a deceased service member using Hazlewd Act benefits have t be a Texas resident at the time he/she uses the benefits? Answer: Yes. The dependent child must be a resident f Texas. Back t the tp Questin 7: If the dependent child f a deceased service member wants t use Hazlewd Act benefits, must the parent have entered the service as a Texas resident? Answer: Yes. The Hazlewd Act benefit was designed t prvide assistance t Texas veterans and the dependent children f certain deceased Texas veterans. Back t the tp Questin 8: Wuld a veteran wh was a dependent when his/her parents mved t Texas and wh shrtly thereafter entered the military be eligible? Answer: Only if the parent was a resident f Texas at the time f the veteran s entry. Back t the tp Questin 9: Des the Hazlewd Act prvide benefits t the spuses f veterans? Answer: N. It prvides benefits t the dependent children f an eligible service member, but nly if that member is killed during active military duty r dies as a result f illness r injury directly related t military service. Back t the tp Questin 10: Des the Hazlewd Act prvide benefits t injured/disabled veterans? Answer: Yes, but nly if they meet all ther prgram requirements Back t the tp Questin 11: Des a veteran have t shw his DD214 t qualify? Answer: Yes. The veteran must prvide fficial military dcumentatin t prve his/her eligibility fr the Hazlewd Act exemptin.

4 Back t the tp Questin 12: What is acceptable discharge language related t the phrase "under hnrable cnditins"? Answer: Discharges which have been characterized as "hnrable" r "general, under hnrable cnditins" are legally acceptable. If ther wrding is used and yu are unsure f its meaning, yu may cntact the Texas Veteran's Cmmissin at 512/ Back t the tp Questin 13: What is the current status f the debate abut hnrable discharge and hnrable separatin frm active duty? Answer: In September 1996, the Texas Attrney General issued an pinin that military persnnel hnrably separated after being n active duty may qualify fr the Hazlewd Act exemptin if they meet ther prgram requirements. Back t the tp Questin 14: Is the required amunt f active service still 181 days? Are there any exceptins? Answer: The requirement remains 181 days f active military service, excluding training, fr the persn, unless he/she is a veteran wh cmpleted all f required active duty prir t the cnclusin f the Krean War, r the persn is the dependent child f an eligible service member wh died in the line f duty. In these cases, the active duty time f the service member may be fewer than the required 181 days. Back t the tp Questin 15: If a veteran served fewer than 181 days f active duty when he r she entered the service as a Texas resident; but, had previusly participated in active duty in the armed frces, culd perids f service be cmbined t meet the 181-day requirement? Answer: Yes. The law requires 181 days f active duty beynd training. It des nt indicate this duty time all has t fall in the perid f service after entering as a Texas resident. Back t the tp Questin 16: Can service in the Texas Natinal Guard qualify an individual fr Hazlewd benefits? Answer: N. The Hazlewd Act benefit is fr veterans wh served in the armed frces f the United States. The Natinal Guard is a state unit. Hwever, an individual in the Natinal Guard wh is called int active duty by a branch f the United States armed frces, wh serves at least 181 days f active duty (excluding training), and wh meets all ther prgram requirements may qualify fr Hazlewd benefits. Back t the tp Questin 17: Can men/wmen wh served in Operatin Desert Strm qualify fr Hazlewd Act benefits? Answer: Yes, as lng as they meet all f the prgram requirements, including 181 days f active military duty, excluding training. Back t the tp

5 Questin 18: Can a veteran whse pint f entry int military service is anther state qualify fr Hazlewd Act benefits if he/she was a Texas resident at that time? Answer: Yes. He/she must prve t the cllege r university that althugh his/her pint f entry was nt Texas, he/she was a Texas resident at the time f entry int military service. Back t the tp Questin 19: If the veteran is nw a Texas resident but was nt a resident at the time f entering the service, can he/she qualify fr Hazlewd Act benefits? Answer: N. The veteran must have been a resident at the time f entry int service. Back t the tp Questin 20: If smene entered the service frm anther state but then became a Texas resident, culd he/she use the Hazlewd Act benefit? Answer: The veteran must have been a Texas resident in rder t qualify. Back t the tp Questin 21: If smene re-enters after living in Texas 12 mnths, can he/she be eligible fr Hazlewd Act benefits? Answer: Yes, if the persn was ut f the military and living in Texas at least 12 mnths he/she wuld qualify upn re-entering the service. Back t the tp Questin 22: Is financial need an eligibility requirement? Answer: As f fall 2005, NO. The nly relevant financial aid issue is that a persn may nt be in default n a lan made r guaranteed by the State f Texas. Back t the tp Questin 23: Can a Pell r SEOG award make a persn ineligible fr the Hazlewd Act? Answer: As f fall 2005, N. Such awards are nt relevant. Back t the tp Questin 24: If a Texas veteran has defaulted n an educatin lan thrugh a lan prgram in anther state, wuld he/she be eligible fr an exemptin? Answer: A default n an educatin lan authrized by that state is nt a basis fr denying the Hazlewd Act benefit. A veteran wh has defaulted n an educatinal lan made r guaranteed by the State f Texas, r an a federal educatin lan if that default affects their eligibility fr GI benefits, is disqualified frm receiving Hazlewd Act benefits. Back t the tp Questin 25: Will individuals in default n a federal r state student lan be eligible t use the Hazlewd Act benefits fr nn-credit curses?

6 Answer: If a veteran has a default which excludes him/her frm Hazlewd benefits, that exclusin will be true n matter what type f class he/she is taking. Back t the tp Questin 26: If a veteran receives Hazlewd Act benefit and it is later discvered that he/she defaulted n an applicable federal r state lan, des he/she have t pay the mney back t the schl? Answer: If the veteran signs a statement that he/she is nt in default n any federal educatin lan r n any educatin lan made r guaranteed by the State f Texas and is later fund t be in default, the schl may require repayment f tuitin and apprpriate fees by the veteran. Back t the tp Questin 27: If an eligible dependent s parent is in default n a PLUS lan, can the student receive Hazlewd Act benefits? Answer: PLUS lans are taken ut by the parents f students. If the parent s default is n a PLUS lan, the child is nt in default. This default status des NOT have an impact n the student's eligibility fr Hazlewd Act benefits. Back t the tp Questin 28: Will the Hazlewd Act benefits pay fr cntinuing educatin classes? Answer: Only if thse classes receive state funding. Institutins are nt required t ffer Hazlewd exemptins fr cntinuing educatin classes which receive n frmula funding, but may if they chse t d s. The institutin will advise veterans whether a particular cntinuing educatin curse qualifies fr Hazlewd Act benefits. Back t the tp Questin 29: Can Hazlewd Act benefits be used fr graduate schl? Answer: Yes. Hazlewd Act benefits may be used fr graduate studies, including law schl r any ther prgram f study at public institutins (ther than nn-funded cntinuing educatin) if the veteran has nt already accumulated 150 credit hurs using Hazlewd Act benefits since fall Back t the tp Questin 30: Can veterans wh are cncurrently enrlled in mre than ne cllege r university (in the same term r semester) receive Hazlewd Act benefits? Answer: Yes. But each cllege and university granting Hazlewd Act benefits must dcument the veteran's eligibility and must bserve the 150-hur limit. Back t the tp Questin 31: Are distance learning classes cvered by the Hazlewd Act? Answer: If the classes receive frmula funding, require the payment f tuitin, and are taken thrugh Texas public institutins, they are cvered by the Hazlewd Act. Back t the tp Questin 32: Are aircraft flight training curses cvered by the Hazlewd Act?

7 Answer: If they are taught at a public institutin ther than a cmmunity cllege and the institutin receives frmula funding fr such curses, the benefit applies. Fees fr such curses at cmmunity clleges may be exempted; but, the cmmunity cllege bard has the authrizatin t charge a fee fr extrardinary csts assciated with a specific curse r prgram. Back t the tp Questin 33: Can an individual wh met all f the eligibility requirements and was discharged r separated under hnrable cnditins r received a general discharge r separatin under hnrable cnditins qualify fr the Hazlewd Exemptin if he/she later decides t return t active duty? Answer: Yes. The fact that a persn decides t re-enter the service des nt disqualify him/her frm the Hazlewd Exemptin if he/she established eligibility thrugh an earlier perid f service. Hwever, the persn cannt be currently receiving any type f educatinal benefit that wuld disqualify him. Back t the tp Questin 34: Hw much des the Hazlewd Exemptin pay? Answer: This prgram des nt prvide a specific amunt. Students wh are eligible fr this prgram are exempted (meaning they are nt charged) frm all dues, fees, and charges, including fees fr crrespndence curses but excluding prperty depsit fees, student service fees, and any fees r charges fr ldging, bard, r clthing. Back t the tp Questin 35: Is there a limit t the number f semesters r years a Texas veteran can receive the Hazlewd Exemptin? Answer: N. Hwever, there is a limit n the number f semester credit hurs that may be exempted by the prgram. The exemptin will cver all up t 150 semester credit hurs. This limit is nt per institutin, but is a cumulative ttal per eligible participant. Back t the tp Questin 36: I used the Hazlewd Exemptin at a previus schl. Nw I've transferred and want t use the remainder f my exemptin. My university has asked fr a recrd f the number f hurs cvered by this exemptin at the previus schl. Can the Texas Higher Educatin Crdinating Bard prvide that recrd? Answer: Starting with the spring semester 2006 we will be able t prvide the infrmatin. Yu must sign a release frm in rder fr this infrmatin t be available and in rder t cntinue receiving benefits under this prgram. In the meantime please cntact yur prir schl and ask them t prvide yur new institutin with a letter dcumenting the number f hurs cvered by the Hazlewd Exemptin at their schl. Back t the tp Questin 37: Can a reservist qualify t receive Hazlewd benefits? Answer: Maybe. If the reservist has been called t active duty, has served at least 181 days n active duty, and has met all ther requirements, he/she can receive the Hazlewd Exemptin. Back t the tp

8 Questin 38: Can an individual with a reserve cmmissin (i.e. graduates f U.S. military academies) wh are members f the United States Reserve Frces receive Hazlewd benefits? Answer: Yes, prvided the persn has at least 181 days active duty service. Back t the tp Questin 39: Can a veteran wh was nt a United States Citizen at the time f entry qualify fr Hazlewd benefits? Answer: Yes, prvided the veteran was a Texas resident at the time f entry int the service, and is a Texas resident during the academic term fr which he r she is enrlled. Back t the tp Questin 40: Is a veteran wh is n terminal leave eligible t receive Hazlewd benefits? Answer: A veteran wh is n terminal leave is nt eligible fr the Hazlewd exemptin until he r she reaches his r her actual retirement date.

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