2015 Utah Code
Title 53B - State System of Higher Education
Chapter 8 - Tuition Waiver and Scholarships
Section 107 - Military member surviving dependents -- Tuition waiver.

53B-8-107. Military member surviving dependents -- Tuition waiver.

• (1) As used in this section, "qualifying deceased military member" means a person:
  • (a) who:
    • (i) is killed while serving on state or federal active duty, under orders of competent authority and not as a result of the member's own misconduct; or
    • (ii) dies of wounds or injuries received while serving on state or federal active duty, under orders of competent authority and not as a result of the member's own misconduct; and
  • (b) who:
    • (i) is a member of the armed forces of the United States and a Utah resident;
    • (ii) is a member of the reserve component of the armed forces on or after September 11, 2001, and a Utah resident; or
    • (iii) is a member of the Utah National Guard on or after September 11, 2001.

• (2) This section shall be known as the Scott B. Lundell Military Survivors' tuition waiver.

• (3) A state institution of higher education shall waive undergraduate tuition for a dependent of a qualifying deceased military member under the following conditions:
  • (a) the dependent has been accepted by the institution in accordance with the institution's admissions guidelines;
  • (b) except as provided in Subsection (4), the dependent is a resident student as determined under Section 53B-8-102;
  • (c) the dependent may not have already completed a course of studies leading to an undergraduate degree;
  • (d) the dependent may only utilize the waiver for courses that are applicable toward the degree or certificate requirements of the program in which the dependent is enrolled; and
  • (e) the dependent may not be excluded from the waiver if the dependent has previously taken courses at or has been awarded credit by a state institution of higher education.

• (4) Notwithstanding Subsection (3)(b), a dependent of a qualifying deceased military member that was a member of the Utah National Guard is not required to be a resident student as determined under Section 53B-8-102.

• (5) The tuition waiver in this section is applicable for undergraduate study only.

• (6) The Department of Veterans' and Military Affairs, after consultation with the adjutant general if necessary, shall certify to the institution that the dependent is a surviving dependent eligible for the tuition waiver in accordance with this section.

• (7) The waiver in this section does not apply to fees, books, or housing expenses.

• (8) The State Board of Regents may request reimbursement from the Legislature for costs incurred in providing the tuition waiver under this section.

Amended by Chapter 214, 2013 General Session