Relating to educational assistance for certain persons.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section 1. 1. As used in this section, the term "approved public institution" shall mean an educational institution located in Missouri which:

     (1) Is directly controlled or administered by a public agency or political subdivision;

     (2) Receives appropriations directly or indirectly from the general assembly for operating expenses;

     (3) Provides a postsecondary course of instruction at least six months in length leading to or directly creditable toward a degree or certificate;

     (4) Meets the standards for accreditation as determined by either the North Central Association of Colleges and Secondary Schools, or if a public junior college created pursuant to the provisions of sections 178.370 to 178.400, RSMo, meets the standards established by the coordinating board for higher education for such public junior colleges, or by other accrediting bodies recognized by the United States Office of Education or by utilizing accreditation standards applicable to the institution as established by the coordinating board for higher education;

     (5) Does not discriminate in the hiring of administrators, faculty and staff or in the admission of students on the basis of race, color, religion, sex, or national origin and is otherwise in compliance with the Federal Civil Rights Acts of 1964 and 1968 and executive orders issued pursuant thereto; and

     (6) Permits faculty members to select textbooks without influence or pressure by any religious or sectarian source.

     2. Any member of the Missouri national guard who has served in the Missouri national guard for at least one year and who possesses the qualifications set forth in this section shall be awarded a scholarship to an approved public institution of his choice, such scholarship to consist of an exemption from incidental fees or tuition for not more than the equivalent of four years of full-time enrollment in relation to a course of study at such institution while such person is a member of the Missouri national guard. Members of the Missouri national guard seeking a scholarship pursuant to this section shall provide a certificate of satisfactory service of their Missouri national guard duties from his commanding officer and shall possess all other necessary entrance requirements of the approved public institution of choice. If a recipient of a scholarship pursuant to this section ceases to be a member of the Missouri national guard while enrolled in a course of study or within three years after the completion of a course of study, the scholarship shall be terminated as of the date membership in the Missouri national guard ended and the recipient shall repay any amounts credited toward tuition pursuant to this section.

     3. Applicants for scholarship assistance pursuant to this section shall meet all qualifications established by section 173.215, RSMo.

     Section 2. All honorably discharged persons who served with the United States forces in any of its wars, the Korean or Vietnam conflicts, the Persian Gulf War, or the Panama or Grenada expeditions, and who were bona fide residents of this state at the time of their entry into the United States forces, shall have free incidental fees or tuition in any of the state-supported colleges and universities, medical schools of the state universities, and community junior colleges; however, this section shall not apply to persons who qualify under the provisions of the Servicemen's Readjustment Act of 1944, being Public Law 346 of the seventy-eighth congress, chapter 268, second session, and Public Law of the seventy-eighth congress, chapter 22, first session, and all acts supplementary and amendatory thereof.

     Section 3. 1. The governing board of any state supported college or university or community junior college may waive charges for the matriculation, incidental fees, tuition, and any educational fees at any such colleges and universities for the children of members of the armed forces of the United States who:

     (1) Served on active duty during World War II or the Korean or Vietnam conflicts;

     (2) Had legal residence in this state at the time of

entry into the service; and

     (3) Were killed in action or died as a result of injury, disease, or other disability incurred while in the service of the armed forces of the United States.

     2. The educational assistance to which an eligible person is entitled under subsection 1 of this section may be afforded to such person during the period beginning on such person's eighteenth birthday or on the successful completion of such person's secondary schooling, whichever occurs first, and ending on such person's twenty-third birthday.

     3. If the person eligible for educational assistance pursuant to this section serves on duty with the armed forces after such person's eighteenth birthday but before such person's twenty-third birthday, then the period ends five years after such person's first discharge or release from duty with the armed forces. This period may not be extended beyond such person's thirty-first birthday by reason of this subsection.

     4. The governing board of the state-supported college, university, or state supported junior college may waive the charges for matriculation, incidental fees, tuition, and all educational fees for the spouse and children of any person who is a resident of Missouri and who either, while serving in the armed forces of the United States, was declared by the Secretary of Defense of the United States to be a prisoner of war or missing in action in connection with the conflict in Southeast Asia after January 1, 1961, or, while serving the United States in a civilian capacity, was declared by the Secretary of State of the United States to be missing or captured in connection with the conflict in Southeast Asia after the same date.

     5. Any person who is eligible for the waiver of tuition and other fees under subsection 4 of this section, upon being accepted for enrollment in any state-supported institution of higher education, including community junior colleges, shall continue to be eligible for the waiver until the completion of the bachelor of arts or equivalent degree or certification of completion, as long as such person remains enrolled in good standing at the school or institution. No eligible person may be disqualified by either the return or the reported death of the prisoner of war or person missing in action.

     Section 4. 1. The governing board of the state supported college, university, or state-supported junior college shall determine the eligibility of a child who makes application for the benefits provided for in section 3 of this act. A finding by the United States Veterans Administration that a member was killed in action or died as the result of injury or other disability incurred in action is binding upon the board, but in the absence of such a finding the board shall determine the facts.

     2. The governing board shall satisfy itself of the attendance of a child at an institution.