PART 116 DECEASED, DISABLED, AND MIA/POW VETERANS' DEPENDENTS SCHOLARSHIP : Sections Listing

TITLE 95: VETERANS AND MILITARY AFFAIRS
CHAPTER I: DEPARTMENT OF VETERANS' AFFAIRS
PART 116 DECEASED, DISABLED, AND MIA/POW VETERANS' DEPENDENTS SCHOLARSHIP


AUTHORITY: Implementing and authorized by Section 30-14.2 of the School Code [105 ILCS 5].

SOURCE: Adopted at 4 Ill. Reg. 12, p. 555, effective April 1, 1980; codified at 6 Ill. Reg. 8452; amended at 11 Ill. Reg. 11170, effective July 1, 1987; amended at 16 Ill. Reg. 7704, effective April 30, 1992; amended at 37 Ill. Reg. 12091, effective July 10, 2013; amended at 48 Ill. Reg. 17376, effective November 13, 2024.

 

Section 116.10  Administration of and Payment of Funds for the Scholarship

 

The Deceased, Disabled, and MIA-POW Veterans' Dependents Scholarship ("Scholarship") for dependents of eligible veterans and servicepersons shall be administered by and paid out of funds made available to the Illinois Department of Veterans' Affairs pursuant to 105 ILCS 5/30-14.2(c).

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.20  Payment by the Comptroller to Illinois State-Supported Institutions of Higher Learning

 

The amounts that become due to any Illinois State-supported institution of higher learning shall be payable by the Comptroller to such institution on vouchers approved by the Department.

 

Section 116.30  Determination of Eligibility of Dependents

 

The Department shall determine the eligibility of the dependents making application for the benefits provided for in the Statute.

 

Section 116.40  Eligibility Requirements

 

Any spouse, natural child, legally adopted child under the age of 18 at the time of adoption, minor child younger than 18 who is under a court-ordered guardianship for at least 2 continuous years prior to application, or step-child under the age of 18 at the time of marriage of an eligible veteran or serviceperson, who possesses all necessary entrance requirements shall, upon application and proper proof, be awarded a scholarship.  Scholarships awarded under this Section may be used by a spouse or child without regard to his or her age. [105 ILCS 5-30.14.2]

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.50  Definition of Eligible Veterans or Servicepersons

 

"Eligible veteran" or "serviceperson" means any veteran or serviceperson, including an Illinois National Guard Member, who is on active duty or is active on a training assignment:

 

a)         who has:

 

1)         been declared by the U.S. Department of Defense or the U.S. Department of Veterans Affairs to be a Prisoner-of-War or to be Missing-in-Action; or

 

2)         been found by the United States Department of Veterans Affairs to have died as the result of a service-connected disability or is permanently disabled from service-connected causes with 100% disability; or is 100% permanently and totally disabled by service-connected causes due to unemployability; and

 

b)         who:

 

1)         at the time of entering service was an Illinois resident; or

 

2)         was an Illinois resident within six months after entering such service; or

 

3)         is a resident of Illinois at the time of application for the Scholarship and, at some point after entering such service, was a resident of Illinois for at least 15 consecutive years. [105 ILCS 5/30-14.2(a)]

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.60  Dependents of Dishonorable Discharged Veterans

 

The scholarship shall not be awarded to dependents of veterans who received a Bad Conduct discharge, Dishonorable/Undesirable discharge, or Dismissed discharge, from the United States Armed Forces.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.70  Demonstration of Financial Need

 

Applicants shall not be required to demonstrate financial need.

 

Section 116.80  Documentation

 

a)         Upon request from the Department, the applicant must provide the following official documentation when applicable:

 

1)         Marriage Certificate;

 

2)         Divorce Decree;

 

3)         Birth Certificate;

 

4)         Adoption Decree;

 

5)         Letters of Guardianship;

 

6)         Death Certificate or Report of Casualty;

 

7)         Certification from the county clerk of a civil union;

 

8)         DD 214 or Discharge;

 

9)         Proof of Disability (Statement from Department of Defense or U.S. Department of Veterans' Affairs);

 

10)       Proof of admission or enrollment in a public university or community college located within Illinois;

 

11)       Enlistment contract to demonstrate home of record at time of entering service, if Illinois is not listed as home of record on DD 214 or Discharge; or

 

12)       Any other documentation the Department requests to verify eligibility for the scholarship.

 

b)         If the eligible veterans' or servicepersons' DD 214 does not indicate Illinois residency when entering active duty, the applicant may establish residency within six months after entering military service by providing one or more of the following documents:

 

1)         Illinois driver's license issued during the relevant six month period;

 

2)         Illinois high school or college transcripts demonstrating attendance during the relevant six month period;

 

3)         Utility bills/rent receipts in the applicant's name during the relevant six month period;

 

4)         Illinois motor vehicle registration issued during the relevant six month period;

 

5)         Residential lease in the applicant's name during the relevant six month period;

 

6)         Statement of benefits history from the Illinois Department of Healthcare and Family Services or Department of Human Services during the relevant six month period;

 

7)         Statement of benefits from the Illinois Department of Employment Security during the relevant six month period;

 

8)         State of Illinois identification card issued during the relevant six month period; or

 

9)         Letter of employment on company letterhead verified by certification in accordance with Section 1-109 of the Code of Civil Procedure [735 ILCS 5/1-109].

 

c)         If the eligible veterans' or servicepersons' DD 214 does not indicate Illinois residency when entering and/or separating from the military service, the applicant may verify 15 years of continuous residency after entering military service and at time of application by providing a combination of sufficient documentation of one or more of the documents listed in subsection (c)(1) through (5), which includes the following:

 

1)         Copies of Illinois Income Tax forms for each of the 15 years of required residency.  If records are unavailable, provide a statement of the record from the Illinois Department of Revenue that provides an accounting of Illinois Income Tax records currently available;

 

2)         Copies of Illinois voter registration documents for each of the 15 years of required residency.  If records are unavailable, provide a statement of the record from the county clerk where residency has been established that provides a record of voter registration records that are currently available;

 

3)         Copies of property records to include residential mortgages, deeds or residential leases that provide proof of 15 years of required residency within the State of Illinois;

 

4)         Copies of utility records to include electricity, water, waste removal, cable or internet service that provides proof of 15 years of required residency within the State of Illinois;

 

5)         Copies of driving records to include driver's license record, insurance, and ownership of vehicle titled in the State of Illinois that provides proof of 15 years of required residency within the State of Illinois.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.90  Issuance of Eligibility Letter

 

Once eligibility has been established, the scholarship recipient will be issued an eligibility letter.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.100  Duration of the Scholarship

 

The Scholarship is good for a period of time that is equivalent to four (4) calendar years of full-time enrollment including summer terms.

 

Section 116.110  Full-Time Enrollment

 

Full-time enrollment means twelve or more semester hours of courses per semester or twelve or more quarter hours of courses per quarter, or the equivalent thereof per term.

 

Section 116.120  Part-Time Enrollment

 

Scholarships utilized by dependents enrolled in less than full-time study shall be computed in the proportion which the number of hours so carried bears to full-time enrollment.

 

Section 116.130  Receipt of points for Part-Time Enrollment

 

The scholarship recipient shall receive a maximum of 120 points.  These points shall be allocated as follows:

 

Hours of Study

Point Equivalency For Quarter Terms

Point Equivalency For Semester Terms

Point Equivalency For Summer Terms

 

 

 

 

1

1

1

1

2

1

2

2

3

2

3

3

4

2

4

4

5

3

5

5

6

4

6

6

7

4

6

-

8

4

6

-

9

6

9

-

10

6

9

-

11

6

9

-

12 or more

8

12

-

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.140  Semester System and Summer Term

 

The institution must be on the semester system and the summer term must be twelve weeks or less in length before using the point equivalency for summer.

 

Section 116.150  Time to Complete Course of Study

 

The dependent shall have twelve (12) years from the initial term of study or 120 points, whichever comes first, to complete his or her course of study.

 

Section 116.160  Termination of Scholarships

 

a)         If the surviving spouse remarries or if there is a divorce between the veteran or serviceperson and their spouse while the spouse is pursuing their course of study, scholarship benefits will be terminated at the end of the term for which the spouse is presently enrolled.

 

b)         The Department may also terminate scholarships for dependents, who the Department finds to have submitted a false or erroneous application.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.170  Reimbursement of Tuition and Application Fees

 

a)         The Department shall reimburse the educational institution for all tuition and mandatory fees for a period equivalent to four years of enrollment, including summer terms.

 

b)         "Tuition" is the charge for instruction assessed by an institution.

 

c)         "Mandatory fees" are the charges assessed by an institution that are required to deliver educational services to students for each term, regardless if a student is attending either on-campus or through distance education. Application, graduation, laboratory, breakage, add/drop fees, as well as program administrative fees for out-of-state or foreign study, are specifically excluded.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.180  Reimbursement of Other Fees (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.190  Non-Reimbursable Fees (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.200  Coverage of Tuition and Fees

 

The Scholarship shall only cover tuition and fees at the In-District/In-State rates.

 

Section 116.210  Application for Reimbursement

 

Scholarship recipients must notify the institution each term, within two months after the add/drop date, of their intention to use the scholarship for that term.  However, scholarship recipients that receive an award more than two months after the add/drop date and less than two months prior to the end of the term may still seek reimbursement of tuition and mandatory fees by notifying the institution of their intent to use the scholarship no later than two months after the completion of the term.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.220  Responsibility of Institutions to Submit Information Relative to Reimbursement

 

a)         Each institution is responsible for submitting information to the Department relative to reimbursement of tuition and mandatory fees.  This reporting period will begin on the add/drop date and end two months after the add/drop dateThe institution must coordinate with the Department for any reimbursement requests made two months after the add/drop date for each term.

 

b)         The institution shall submit the following information for each scholarship recipient:

 

1)         Name

 

2)         Social Security Number

 

3)         Term Date

 

4)         Credit Hours

 

5)         Tuition

 

6)         Fees

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.230  Simultaneous Reimbursement

 

A student cannot be simultaneously reimbursed by the Scholarship and any other State grant which provides tuition and fee payments.

 

Section 116.240  Use of the Scholarship at Two or More Institutions Simultaneously

 

A student may use the Scholarship at two or more institutions simultaneously. The student shall be charged at each institution as if he/she were solely attending that institution.  There shall be no concurrent enrollment agreements between institutions concerning the Scholarship.

 

Section 116.250  Appealing an Award Denial

 

a)         If an applicant receives a denial of eligibility from the Department, the applicant may appeal the denial by filing an appeal within 30 days after the date of the denial letter. The Department will inform the applicant of their appeal rights and time frame to appeal via the denial letter pursuant to the Department's Board of Appeals process outlined in 95 Ill. Adm. Code 113.

 

b)         It will be the responsibility of the applicant to initiate an appeal if the applicant is not satisfied with the decision of the Department regarding eligibility. The Department's Board of Appeals process is outlined in 95 Ill. Adm. Code 113.

 

(Source:  Amended at 48 Ill. Reg. 17376, effective November 13, 2024)

 

Section 116.260  Audit Procedures

 

The Department shall establish and conduct audits of records maintained and claims made by the institution for reimbursement.

 

Section 116.270  Dependents with Physical, Mental or Developmental Disabilities

 

In lieu of a four (4) year scholarship, any eligible dependent, as defined in Section 116.40 (a-b), with a physical, mental or developmental disability shall be entitled, upon application and proper proof, as defined in Section 116.80, to receive a benefit to be used for the purpose of defraying the cost of attendance or treatment at one or more appropriate therapeutic, rehabilitative or educational facilities.

 

a)         A physical disability shall be defined as any bodily disorder which limits, disqualifies or restricts an eligible dependent from attending an institution, as defined in Section 116.20.

 

b)         A mental disability shall be defined as significantly subaverage general intellectual functioning which exists concurrently with impairment in adaptive behavior.

 

c)         A developmental disability means a disability which is attributable to:

 

1)         mental retardation, cerebral palsy, epilepsy or autism; or

 

2)         any other condition which results in impairment similar to that caused by mental retardation and which requires services similar to those required by mentally retarded persons.

 

d)         An appropriate therapeutic, rehabilitative or educational facility means facility or section thereof which is licensed by or operated under contract with the State or a political subdivision thereof and which admits disabled persons in order to alleviate their disabilities or increase their levels of physical, mental, social or economic functioning.

 

(Source:  Added at 11 Ill. Reg. 11170, effective July 1, 1987)

 

Section 116.280  Reimbursement to Therapeutic, Rehabilitative or Education Facilities

 

The total benefit provided to any beneficiary under Section 116.270 shall not exceed the cost equivalent of 4 calendar years of full-time enrollment, including summer terms, at the University of Illinois.

 

a)         The cost equivalent shall be defined as In-State tuition and fees in an undergraduate program, and shall be computed at the rate of 4 years from the date of application.

 

b)         Payment of benefits shall be made directly to the facility at which the cost of attendance or treatment is being defrayed, as such costs accrue.

 

(Source:  Added at 11 Ill. Reg. 11170, effective July 1, 1987)