North Carolina § 143B-1226 - Classes or categories of eligibility under which scholarships may be awarded.

§ 143B-1226. Classes or categories of eligibility under which scholarships may be awarded.

Scholarship Consideration. - A child, as defined in this Part, who falls within the provisions of any eligibility class described in subsection (b) of this section shall, upon proper application, be considered for a scholarship, subject to the provisions and limitations set forth for the class under which the child is considered. A child may be considered for a scholarship under more than one eligibility class as long as the child falls within the provisions and is subject to the limitations of each class for which the child is being considered. A child may be awarded only one scholarship as provided in G.S. 143B-1225(a)(3). Scholarship Eligibility Classes. - Class I-A: Under this class a scholarship shall be awarded to any child whose veteran parent: Was killed in action or died from wounds or other causes not due to the parent's own willful misconduct while a member of the Armed Forces during a period of war, or Has died of service-connected injuries, wounds, illness or other causes incurred or aggravated during wartime service in the Armed Forces, as rated by the United States Department of Veterans Affairs. Class I-B: Under this class a limited scholarship providing only those benefits set forth in G.S. 143B-1225(a)(1)a., d., and e., and G.S. 143B-1225(a)(2) shall be awarded to any child whose veteran parent, at the time the benefits pursuant to this Part are sought to be availed of, is or was at the time of his death receiving compensation for a wartime service-connected disability of one hundred percent (100%) as rated by the United States Department of Veterans Affairs. Provided, that if the veteran parent of a recipient under this class should die of his wartime service-connected condition before the recipient shall have utilized all of his scholarship eligibility time, then the North Carolina Department of Military and Veterans Affairs shall amend the recipient's award from Class I-B to Class I-A for the remainder of the recipient's eligibility time. The effective date of such an amended award shall be determined by the Department of Military and Veterans Affairs but, in no event shall it predate the date of the veteran parent's death. Class II: Under this class a scholarship may be awarded to not more than 100 children yearly, each of whose veteran parent, at the time the benefits pursuant to this Part are sought to be availed of: Is or was at the time of the parent's death receiving compensation for a wartime service-connected disability of twenty percent (20%) or more, but less than one hundred percent (100%), as rated by the United States Department of Veterans Affairs, or Was awarded a Purple Heart for wounds received as a result of an act of any opposing armed force, as a result of an international terrorist attack, or as a result of military operations while serving as part of a peacekeeping force. Class III: Under this class a scholarship may be awarded to not more than 100 children yearly, each of whose veteran parent, at the time the benefits pursuant to this Part are sought to be availed of: Is or was at the time of his death drawing pension for permanent and total disability, nonservice-connected, as rated by the United States Department of Veterans Affairs. Is deceased. Served in a combat zone, or waters adjacent to a combat zone, or any other campaign, expedition, or engagement for which the United States Department of Defense authorizes a campaign badge or medal. Class IV: Under this class a scholarship as defined in G.S. 143B-1225 shall be awarded to any child whose parent, while serving honorably as a member of the Armed Forces in active federal service during a period of war, as defined in G.S. 143B-1224(4), was listed by the United States government as (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power. History (1967, c. 1060, s. 8; 1973, cc. 197, 577; c. 620, s. 9; 1975, c. 160, s. 2; c. 167, s. 1; 1977, c. 70, s. 27; 1989, c. 767, ss. 3, 4; 1991, c. 549, s. 2; 2002-126, s. 19.3(c); 2011-183, s. 116; 2015-241, s. 24.1(c), (jj); 2015-268, s. 7.3(a); 2017-57, s. 19.2(b); 2018-5, s. 19.2; 2018-37, s. 2(a); 2019-201, s. 4(b); 2019-214, s. 1(b).) Editor's Note. - Former G.S. 165-22 was recodified by Session Laws 2015-241, s. 24.1(c), as G.S. 143B-1226. Session Laws 2015-241, s. 24.1(ww), as amended by Session Laws 2015-268, s. 7.3(a), made the recodification of this section by Session Laws 2015-241, s. 24.1(c), and amendment by Session Laws 2015-241, s. 24.1(jj), effective July 1, 2015. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" throughout the section. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2018-37, s. 2(b), provides: "(b) The Department of Military and Veterans Affairs shall document the number of applicants who apply for Class II and Class III scholarships, as provided in G.S. 143B-1226, and shall report on this information to the Joint Legislative Oversight Committee on General Government by March 30, 2019. The report shall include the total number of applications received and the total number of those applications made eligible as a result of this act." Session Laws 2019-201, s. 4(b), effective August 23, 2019, repealed Session Laws 2018-37, s. 2(a). Session Laws 2018-37, s. 2(a), effective June 22, 2018, added "For the purposes of this subdivision, a child shall include any person meeting either of the requirements set forth in G.S. 143B-1224(3)a. or b. and who is a child, as that term is defined in 37 U.S.C. § 401" in subdivisions (b)(3) and (b)(4). Session Laws 2019-201, s. 4(c), provides: "The Department of Military and Veterans Affairs shall document the number of applicants who apply for scholarships provided in G.S. 143B-1226 and shall report on this information to the Joint Legislative Oversight Committee on General Government by March 30, 2020. The report shall include the total number of applications received and the total number of those applications made eligible as a result of this section." Session Laws 2019-214, s. 3, made the amendments to subdivision (b)(2) by Session Laws 2019-214, s. 1(b), effective September 4, 2019, and applicable to scholarships awarded beginning with the 2019-2020 academic year. Effect of Amendments. - Session Laws 2011-183, s. 116, effective June 20, 2011, in the introductory paragraph, substituted "the child" for "he"; in subdivisions (1)a. and (3)a., substituted "the parent's" for "his"; in subdivision (1)a. and (1)b., substituted "Armed Forces" for "armed forces"; and in subdivision (5), substituted "Armed Forces" for "armed forces of the United States." Session Laws 2015-241, s. 24.1(jj), effective July 1, 2015, in subdivision (2), substituted "G.S. 143B-1225(a)(1)a. and d. and G.S. 143B-1225(a)(2)" for "G.S. 165-21(1)a and d and 165-21(2) of this Article" in the first sentence and substituted "Department of Military and Veterans Affairs" for "Department of Administration" in the second and third sentences; substituted "G.S. 143B-1226(1)" for "G.S. 165-22(1)" in sub-subdivisions (4)b. and (4)c.; and in subdivision (5), substituted "G.S. 143B-1225" for "G.S. 165-21" and "G.S. 143B-1224(4)" for "G.S. 165-20(4)." For effective date, see editor's note. Session Laws 2017-57, s. 19.2(b), effective July 1, 2017, added the subsection designation (a), added the subsection heading "Scholarship Consideration", and rewrote the text which formerly read: "A child, as defined in this Part, who falls within the provisions of any eligibility class described below shall, upon proper application be considered for a scholarship, subject to the provisions and limitations set forth for the class under which the child is considered:"; added the subsection designation (b) and the subsection heading "Scholarship Eligibility Classes." Session Laws 2018-5, s. 19.2, effective July 1, 2018, in sub-subdivision (b)(4)b., deleted "and who does not fall within the provisions of any other eligibility class described in G.S. 143B-1226(1), (2), (3), (4)a., nor (5)" following "deceased"; and in sub-subdivision (b)(4)c., deleted "who does not fall within the provisions of any other class described in G.S. 143B-1226(1), (2), (3), (4)a., or (5)" following "medal." Session Laws 2018-37, s. 2(a), effective June 22, 2018, added the first sentences of subdivisions (b)(3) and (b)(4). Session Laws 2019-214, s. 1(b), substituted "G.S. 143B-1225(a)(1)a., d., and e." for "G.S. 143B-1225(a)(1)a. and d." in subdivision (b)(2). For effective date and applicability, see editor's note.