Military: Exemptions for Texas Veterans (Hazlewood Exemption) FAQs

Transcription

1 Military: Exemptins fr Texas Veterans (Hazlewd Exemptin) FAQs 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? Des the Hazlewd Act cver dual credit hurs? Which dependents may qualify fr Hazlewd Act benefits? Des the dependent child r spuse 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 r spuse f a deceased r disabled service member wants t use Hazlewd Act benefits, must the parent r veteran spuse 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 an eligible veteran; 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? Is financial need an eligibility requirement? Can a Pell r SEOG award make a persn ineligible fr the Hazlewd Act? If a veteran, r an eligible spuse r child has federal educatin benefits available, wuld he/she be eligible fr Hazlewd? What is the Hazlewd Legacy Act? What are the requirements t transfer unused hurs t a child using the Legacy Act? If a child t whm unused hurs have been assigned fails t use all f the hurs f the exemptin that are available, can the veteran assign the remaining hurs t anther child? Can a veteran wh has transferred his/her unused hurs t a dependent child change his/her mind and take the hurs back? Can a veteran assign his/her unused hurs t a child wh will nt be f age t g t cllege fr several years, r must this be dne just prir t the child s enrllment? Must the child start using the hurs befre he/she turns 26, r des his/her eligibility t use the exemptin end when he/she turns 26? If the parent dies f natural causes prir t assigning his/her hurs t a child, can the child receive the benefit? Is there a special Legacy Act applicatin that must be cmpleted?

2 If a child qualifies fr Hazlewd as a child f a disabled veteran AND als qualifies t receive a transfer f unused Hazlewd hurs, wuld the child be eligible fr 150 hurs f the exemptin, r fr 300 hurs f exemptin? If the veteran is eligible fr and receiving federal educatinal benefits, but can't tap int Hazlewd yet because f the number f credit hurs he still has in federal benefits, is he/she be still eligible t transfer his/her HW benefits t a child? 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 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 state lan, des he/she have t pay the mney back t the schl? If an eligible dependent s parent is in default n a PLUS lan, can the student 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? 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? If a veteran transfers his/her unused hurs t a dependent child, will the hurs be reflected n the state database under the dependent s SSN? 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 dependent children and spuses f certain deceased r disabled veterans taking classes at public institutins f higher educatin in Texas frm all tuitin and fee charges, prperty depsit fees and student services fees. The 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

3 refuse benefits. Questin 2: What charges are nt cvered? Answer: Bks, supplies, and living expenses are nt exempted, nr are depsit and student services fees. 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. Questin 4: Des the Hazlewd Act cver credit by examinatin? Answer: Since Texas Educatin Cde, (a) refers t an exemptin frm "all dues, fees, and ther required charges, the exemptin wuld include charges fr credit by examinatin as lng as the test is given thrugh a Texas public institutin and the charges are paid t the institutin and nt t a third party. Questin 5: Des the Hazlewd Act cver dual credit hurs? Answer: Yes, the exemptin may be used t pay fr dual enrllment credit hurs. Questin 6: Which dependents may qualify fr Hazlewd Act benefits? Answer: Dependent children and spuses f eligible veterans wh died in the line f duty r as a result f injury r illness directly related t military service, are missing in actin, r wh became ttally disabled fr purpses f emplyability as a result f service related injury r illness. This benefit als applies t the dependent children and spuses f members f Texas Natinal Guard r Air Natinal Guard units wh were killed while n active duty while serving either the State f Texas r the United States r are ttally disabled fr purpses f emplyability. An eligible child r spuse must prvide fficial military dcumentatin indicating that he r she meets the requirements. Questin 7: Des the dependent child r spuse 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 r spuse must be a resident f Texas.

4 Questin 8: If the dependent child r spuse f a deceased r disabled service member wants t use Hazlewd Act benefits, must the parent r veteran spuse have entered the service as a Texas resident? Answer: Effective fall 2009, eligible dependents must be the spuse r child f a service member f the U. S. Armed Frces wh, at the time f entry int the service meets ne f these time f entry requirements: 1) entered the service in the State f Texas, 2) declared Texas as their Hme f Recrd, OR 3) were residents f Texas when they entered the service. Questin 9: Wuld a veteran wh was a dependent when his/her parents mved t Texas and wh shrtly thereafter entered the military be eligible? Answer: If the parent was a resident f Texas at the time f the veteran s entry, the veteran wuld qualify as a Texas resident. Questin 10: Des the Hazlewd Act prvide benefits t the spuses f veterans? Answer: Effective fall 2009, eligible spuses f service members wh are killed r wh died during active military duty, are missing in actin, r are 100% disabled r rated at 100% disabled fr purpses f emplyability are eligible fr the Hazlewd exemptin. Questin 11: Des the Hazlewd Act prvide benefits t injured/disabled veterans? Answer: Yes, but nly if they meet all ther prgram requirements and served at least 181 days f active duty. Questin 12: 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. Questin 13: 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/ Questin 14: 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

5 meet ther prgram requirements. Questin 15: 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 r spuse 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. Questin 16: If a veteran served fewer than 181 days f active duty when he r she entered the service as an eligible veteran; 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. Questin 17: 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. Questin 18: 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. Questin 19: 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, r he/she declared Texas as his/her Hme f Recrd in the manner prvided by the military r ther service. Effective fall 2009, a veteran must have met ne f the fllwing requirements at the time f entry int the service 1) entered the service in the State f Texas, 2) declared Texas as their Hme f Recrd, OR 3) was a Texas resident at the time he/she entered the service. Questin 20: 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 benefit?

6 Answer: Only if the veteran, at the time f entry int the service, entered in the State f Texas r declared Texas as his/her Hme f Recrd in the manner prvided by the military r ther service. Questin 21: If smene entered the service frm anther state but then became a Texas resident, culd he/she use the Hazlewd Act benefit? Answer: Effective fall 2009, a veteran must have met ne f the fllwing requirements at the time f entry int the service 1) entered the service in the State f Texas, 2) declared Texas as their Hme f Recrd, OR 3) was a Texas resident at the time he/she entered the service. 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. 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. Questin 24: If a veteran, r an eligible spuse r child has federal educatin benefits available, wuld he/she be eligible fr Hazlewd? Answer: Effective fall 2009, nly federal educatin benefits dedicated t the payment f tuitin and fees; such as chapter 33 (Pst 911), are t be cnsidered when determining eligibility fr Hazlewd. A student may use bth federal benefits and Hazlewd during the same term nly if the amunt available in fed benefits is less than the value f what Hazlewd wuld cver (tuitin and required fees); the cmbinatin f bth benefits may nt exceed the ttal amunt f tuitin and fees. Federal educatin benefits issued under Mntgmery GI Bill (MGIB, chapter 30 and chapter 1606), Reserve Educatinal Assistance Prgram (REAP, chapter 1607), r Pst Vietnam Era Veterans' Educatinal Assistance prgram (VEAP, chapter 32), are n lnger relevant. Questin 25: What is the Hazlewd Legacy Act? Answer: Effective fall 2009, the Hazlewd Legacy Act (81 st Texas legislature) allws veterans t transfer their unused Hazlewd hurs (up t 150 SCH) t a child (stepchild, bilgical, adpted, r dependent fr incme tax purpses). A veteran cannt transfer his/her unused hurs t a spuse; nly t a child. Questin 26: What are the requirements t transfer unused hurs t a child using the Legacy Act? Answer: Veterans (eligible fr Hazlewd) wh have/have nt used their Hazlewd benefit may transfer their unused hurs (up t 150 SCH) t a child. An eligible child must be a TX resident wh is

7 25 years f age r yunger, and make satisfactry academic prgress tward a degree, certificate r cntinuing educatin prgram. Unused Hazlewd hurs cannt be transferred t a spuse. Questin 27: If a child t whm unused hurs have been assigned fails t use all f the hurs f the exemptin that are available, can the veteran assign the remaining hurs t anther child? Answer: Yes, a veteran may re assign the unused hurs that are available t anther dependent child. Questin 28: Can a veteran wh has transferred his/her unused hurs t a dependent child change his/her mind and take the hurs back? Answer: Yes, but nly t the extent that unused hurs (that were previusly transferred) are still available. Questin 29: Can a veteran assign his/her unused hurs t a child wh will nt be f age t g t cllege fr several years, r must this be dne just prir t the child s enrllment? Answer: There is n minimum time lapse required between the time the hurs are assigned and the time the child enrlls. Hwever, the child lses eligibility fr the assigned hurs when he/she turns 26 years f age. Questin 30: Must the child start using the hurs befre he/she turns 26, r des his/her eligibility t use the exemptin end when he/she turns 26? Answer: The statute indicates t be eligible t receive an exemptin the child must be 25 years f age r yunger. We believe this means that nce he/she turns 26 the child cannt use the exemptin. Questin 31: If the parent dies f natural causes prir t assigning his/her hurs t a child, can the child receive the benefit? Answer: The current statute des nt address this situatin. Additinal legislatin will be needed t clearly indicate hw such a child can becme eligible. The new statute will als need t address the questin f which child is t receive the hurs if the deceased veteran has mre than ne child. Questin 32: Is there a special Legacy Act applicatin that must be cmpleted? Answer: Yes, the veteran must cmplete the applicatin fr the Transfer f Unused Hurs t Eligible Child (Frm TUHH); the child must cmplete the applicatin fr A Child Wh Has Received Transferred Hurs (Frm HE T). The applicatins are available fr dwnlad n ur website:

8 Questin 33: If a child qualifies fr Hazlewd as a child f a disabled veteran AND als qualifies t receive a transfer f unused Hazlewd hurs, wuld the child be eligible fr 150 hurs f the exemptin, r fr 300 hurs f exemptin? Answer: N individual is permitted t receive mre than 150 semester credit hurs f the Hazlewd Exemptin. Questin 34: If the veteran is eligible fr and receiving federal educatinal benefits, but can't tap int Hazlewd yet because f the value f the federal benefits, is he/she be still eligible t transfer his/her HW benefits t a child? Answer: Yes. The veteran is nt yet eligible t "use" his/her HW benefit des nt preclude that veteran frm transferring the hurs t a child. Questin 35: 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 is in default n an educatinal lan made r guaranteed by the State f Texas is nt eligible t receive Hazlewd Act benefits. Questin 36: Will individuals in default n a state student lan be eligible t use the Hazlewd Act benefits fr nn credit curses? 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. Questin 37: If a veteran receives Hazlewd Act benefit and it is later discvered that he/she defaulted n an applicable 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 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. Questin 38: 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. Questin 39: Will the Hazlewd Act benefits pay fr cntinuing educatin classes?

9 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. Questin 40: 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 Questin 41: 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. Questin 42: Are distance learning classes cvered by the Hazlewd Act? Answer: If the classes receive frmula funding, are taken thrugh Texas public institutins, and the charges are paid t the institutin and nt t a third party, they are cvered by the Hazlewd Act. Questin 43: Are aircraft flight training curses cvered by the Hazlewd Act? Answer: If they are taught at a public 4 year institutin and the institutin receives frmula funding fr such curses, the benefit applies. Fees fr such curses at cmmunity clleges, technical institutins, and state clleges may be exempted; but, the gverning bards f these institutins are authrized t establish a fee fr extrardinary csts assciated with a specific curse r prgram and may pass these fee charges t their students. Questin 44: 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. Questin 45: Hw much des the Hazlewd Exemptin pay?

10 Answer: This prgram des nt prvide a specific amunt. Students wh are eligible fr this prgram are exempted (nt charged) frm all dues, fees, and ther required charges, including fees fr crrespndence curses but excluding depsit fees, student service fees, and any fees r charges fr ldging, bard, r clthing. Questin 46: 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. Questin 47: 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: Yes. The institutins reprt the number f Hazlewd hurs used by their students t the Crdinating Bard which maintains the data thrugh the Hazlewd database. Students wh have nt already registered t view their hurs may access the database thrugh this link: Questin 48: If a veteran transfers his/her unused his/her hurs t a dependent child, will the hurs be reflected n the state database under the dependent s SSN? Answer: The hurs transferred t the child will be reprted fr him/her. The veteran will als be shwn t have a zer balance. Questin 49: Can a reservist qualify t receive Hazlewd benefits? Answer: Maybe if the reservist was called t active duty, served at least 181 days n active duty, and met all ther requirements, he/she can receive the Hazlewd Exemptin. Questin 50: 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, an individual wh attended West Pint, the Naval Academy r the USAF Academy is eligible fr Hazlewd prvided he/she meets all f the standard requirements and attended fr at least 181 days. Questin 51: Can a veteran wh was nt a United States Citizen at the time f entry qualify fr Hazlewd benefits?

11 Answer: Yes, a veteran des nt have t be a U.S. Citizen at the time f entry t qualify fr Hazlewd; hwever, he r she must meet ne f the fllwing time f entry requirements t be eligible t receive the exemptin: 1) entered in the state f Texas, 2) declared Texas as his r her Hme f Recrd, r 3) was a resident f Texas (at the time f entry). Questin 52: 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.