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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 15TEXAS VETERANS COMMISSION
CHAPTER 461VETERANS EDUCATION
SUBCHAPTER AEXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
RULE §461.20Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) Board--The Texas Higher Education Coordinating Board.

  (2) Commission--The Texas Veterans Commission.

  (3) Census date--The date in an academic term or semester for which an institution is required to certify a person's enrollment in the institution to the Board for the purposes of determining formula funding for the institution.

  (4) Contact Hour--A time unit of instruction as defined in 19 Texas Administrative Code §13.1.

  (5) Continuing education unit or CEU--A unit of measure of instruction as defined in 19 Texas Administrative Code §9.1.

  (6) Degree certified hours--Hours for which the student is registered as of the census date of a term or semester.

  (7) Dependent--An individual who was claimed as a dependent for federal income tax purposes by the individual's parent or court-appointed legal guardian, or as defined in Texas Education Code §54.341(k) and (m) in a particular year and in the previous tax year. A child was a dependent if he or she was claimed as such by a parent or legal guardian during the veteran's year of entry into the service and in the previous tax year.

  (8) Deposit fees--Fees that an institution may collect under Texas Education Code §54.502.

  (9) Eligible Person--

    (A) Veteran as defined in Texas Education Code §54.341(a);

    (B) Spouse as defined in Texas Education Code §54.341(a-2); or

    (C) Child or Children as defined by Texas Education Code §54.341(m).

  (10) Extraordinary costs--Only applicable for public junior colleges, public technical institutes, or public state colleges as defined in Texas Education Code §61.003. The cost of tuition and fees that exceed the average tuition and fee charges at the institution.

  (11) Federal income tax return--An IRS Transcript of Tax Return for that particular year.

  (12) Guidelines for Instructional Programs in Workforce Education (GIPWE)--A Board approved publication as defined in 19 Texas Administrative Code §9.1.

  (13) Hazlewood Act Exemption--The tuition and partial fee exemption authorized under Texas Education Code §54.341.

  (14) Hazlewood Legacy Act--The tuition and partial fee exemption authorized under Texas Education Code §54.341(k).

  (15) Initial entry training--Includes Basic Combat Training and Advanced Individual Training, One Station Unit Training, Officer Candidate School, service as a cadet at the United States Military Academy, and service as a cadet candidate at the United States Military Academy Preparatory School (Army); Recruit Training and Skill Training (or 'A' School), Officer Candidate School, service as a midshipman at the United States Naval Academy, and service as a midshipman candidate at the Naval Academy Preparatory School (Navy); Basic Military Training and Technical Training, Officer Training School, service as a cadet at the United States Air Force Academy; and service as a cadet candidate at the United States Air Force Academy Preparatory School (Air Force); Recruit Training and Marine Corps Training (or School of Infantry Training), Officer Candidates School (Marine Corps); and Basic Training, Officer Candidate School, and service as a cadet at the United States Coast Guard Academy (Coast Guard), or the equivalent training for that branch of service.

  (16) Institution--A Texas public institution of higher education as defined in Texas Education Code §61.003(8).

  (17) Qualifying service--Discharged under honorable conditions after serving on active military duty, excluding initial entry training, for more than 180 days as documented by the Certificate of Release or Discharge from Active Duty (DD FORM 214) issued by the Department of Defense or other qualifying discharge document. Other qualifying discharge documents are:

    (A) WD AGO 53, Enlisted Record and Report of Separation Honorable Discharge;

    (B) WD AGO 53-55, Enlisted Record and Report of Separation Honorable Discharge;

    (C) WD AGO 53-58, Enlisted Record and Report of Separation General Discharge;

    (D) NAVCG-553, Notice of Separation from U.S. Coast Guard;

    (E) NAVMC 78-PD, U.S. Marine Corps Report of Separation;

    (F) NAVPERS-553, Notice of Separation from U.S. Naval Service; or

    (G) NA Form 13038, Certification of Military Service. This form may only be used upon written verification from the National Archives that a DD Form 214 or equivalent discharge document has been lost or destroyed and may only be used to verify days of qualifying service and character of service.

  (18) Resident of Texas--A resident of the State of Texas as determined in accordance with 19 Texas Administrative Code Chapter 21, Subchapter B (relating to Determination of Resident Status).

  (19) Satisfactory academic progress--A grade point average that satisfies the institution's requirement for making satisfactory academic progress toward a degree or certificate in accordance with the institution's policy regarding eligibility for financial aid. This requirement does not apply to spouses or children of veterans who died from a service-related injury or illness, or who were classified as missing in action (MIA) or killed in action (KIA).

  (20) Semester Credit Hour--A unit of measure of instruction as defined in 19 Texas Administrative Code §13.1.

  (21) Stacking--Concurrent use of state and federal veteran education benefits by an eligible person.

  (22) Student services fees--Fees that an institution may, under Texas Education Code, §§54.503, 54.5061, and 54.513, elect to charge to students to cover the cost of student services.


Source Note: The provisions of this §461.20 adopted to be effective June 5, 2014, 39 TexReg 4270; amended to be effective May 25, 2016, 41 TexReg 3753

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