CHAPTER Hedc
500 SCHOLARSHIPS FOR ORPHANS OF VETERANS
REVISION NOTE:
Pursuant to 2011, 224:149, I(a) and
III, effective 7-1-11, rules in Chapter Pos 1200 entitled “Scholarships for
Orphans of Veterans”, last filed by the Postsecondary Education Commission,
were transferred to the Department of Education, but with rulemaking authority
under 2011, 224:132 and RSA 193:21 to the Board of Education pursuant to RSA
21-G:9, II(b). Rulemaking authority was
subsequently transferred to the Higher Education Commission by 2013, 164:2,
effective 6-28-13, which amended RSA 193:21.
Pos 1200 was thereby also transferred.
The Higher Education Commission
subsequently filed Document #10633, effective 7-2-14, which readopted with
amendments and renumbered Chapter Pos 1200 as Chapter Hedc 500 entitled
“Scholarships for Orphans of Veterans.”
The existing rules in Pos 1200 had
last been filed by the Postsecondary Commission under Document #8588, effective
3-17-06. The rules did not expire on
3-17-14 but were extended due to the transfer to the Higher Education
Commission by 2013, 164 until replaced by the rules in Document #10633,
effective 7-2-14.
Document #10633 supersedes all prior filings
of the Postsecondary Education Commission affecting the rules in the former
Chapter Pos 1200. The prior filings
affecting the former Chapter Pos 1200 included the following documents:
#7202, eff 2-12-00
#8588, eff 3-17-06
PART Hedc
501 PROGRAM ADMINISTRATION
Hedc 501.01 Definitions.
(a)
"Approved period" means service in the armed services of the
(1)
December 7, 1941 to December 31, 1946;
(2)
June 27, 1950 to January 31, 1955;
(3)
February 28, 1961 to May 7, 1975;
(4)
August 2, 1990 through a final date of the Gulf War conflict; or
(5)
Any period for which the armed forces expeditionary medal or theater of
operations service medal was awarded.
(b)
"Eligible student" means a student, between the ages of 16 and
25, who is a legal resident of New Hampshire and whose mother or father served
in the United States armed services during an approved period and either died
while on active duty or died of a service connected disability and were
residents of New Hampshire at the time of his or her death as certified by the
U.S. Veterans Administration or as determined by the higher education
commission.
(c)
"Full-time student" means an enrolled student as defined in 34
CFR 668.
(d)
"Full-time equivalent (FTE)" means the representation of
enrollment as a percent of full-time enrollment.
(e)
“
(f)
"
(g)
"Service connected disability" means a disability that has
been rated by the federal government as having been caused by service in the
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 501.02 Description of Program.
(a)
The scholarships for orphans of veterans shall be used only to assist in
the payment of the following expenses at a
(1)
Board;
(2)
Room rent; and
(3)
Books and supplies.
(b)
Scholarships shall only be awarded to eligible students.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 501.03 Application.
(a)
Each applicant for a scholarship under the scholarships for orphans of
veterans, shall make application for orphans of veterans, by supplying the
following information:
(1)
Applicant’s name;
(2)
Applicant’s mailing address;
(3)
Applicant’s present legal residence;
(4)
Applicant’s telephone number;
(5)
Applicant’s place and date of birth;
(6)
Enrollment information including:
a.
Applicant’s college or school and address; and
b. Academic
year in school for which assistance will be applied;
(7)
Name and address of living parent or guardian;
(8)
Name of deceased parent who served in the military;
(9)
Deceased parent’s U.S. Department of Veterans’ Affairs claim number;
(10)
Date deceased parent entered the military;
(11) Legal residence of deceased parent
at time of death;
(12)
Place and date of death of deceased parent; and
(13)
Statement as to whether death of deceased parent was the result of a
service connected disability.
(b)
Each applicant shall sign and date the application form.
(c)
Each minor applicant’s parent or guardian shall sign the certification
section.
(d) The signatures shall certify that
all information provided on the application is truthful.
(e)
Applications are due on or before September 1.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 501.04 Eligibility.
(a)
An applicant for a scholarship shall:
(1)
Be a
(2)
Be between the ages of 16 and 25; and
(3)
Be the child of a parent, either mother or father, who served in the
United States armed services during an approved period and who either died
while on active duty or as the result of a service related disability and was a
resident of New Hampshire at the time of his or her death as certified by the
U.S. Veterans Administration or as determined by the higher education
commission.
(b)
The scholarship shall only be used for those approved purposes in Hedc
501.02 (a).
(c)
The scholarship shall only be used for half-time or greater verified
enrollment at a
(d)
The scholarship may be used for either graduate or undergraduate
education.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc
501.05 Amount. The amount of the award shall be determined
by the higher education commission by equally dividing the annual state appropriation by the
number of full-time equivalent eligible applicants. This amount shall be multiplied by the
individual eligible student’s full-time equivalency to determine his or her
award. In no case shall the award be in
excess of $2,500.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 501.06 Payment
of Scholarships. The checks for the
scholarships shall be mailed directly to the recipient.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 501.07 Renewal
of Scholarships. Scholarships may be
renewed for a maximum of 4 awards until the recipient attains the age of 26
years, whichever occurs first.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
PART Hedc
502 RESIDENCY REQUIREMENTS
Hedc 502.01 Definitions.
(a)
"
(b) "Parent" means:
(1)
A person's father or mother, provided both are living;
(2)
If one parent is deceased, the remaining parent;
(3)
If one parent has custody of an unemancipated person, the parent having
custody; or
(4)
A guardian or legal custodian, provided that there are no circumstances
indicating that such guardianship or custodianship was created for the purpose
of conferring the status of an in-state student on such unemancipated person.
(c)
“Residence” means a place of abode or domicile as
defined in RSA 21:6.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 502.02 Eligibility.
(a)
A student shall be classified as eligible for
purposes of this program if he or she has been a resident of the state for 12
consecutive months immediately preceding the term for which in-state status is
claimed.
(b)
No unemancipated person shall be eligible for in-state status
unless his or her parent shall have established his or her residence in this
state.
(c)
No person shall be eligible for in-state status unless his or her
residence in
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 502.03
Domicile
Determination.
(a) All evidence relevant to determining domicile shall be considered.
(b) The following shall be indicia of domicile,
but shall not be exclusive, and other evidence may be submitted by the applicant:
(1)
Payment or non-payment of any tax levied by the state or any political
subdivision on persons resident or domiciled therein;
(2)
Residence reported on any federal or state tax return;
(3)
Registration of one's automobile;
(4)
State issuing one's driver's license;
(5)
Receipt of support in whole or in part from parents who are domiciled
outside the state of
(6)
Voting residence;
(7)
Claim by any non-resident parent that the applicant is a dependent for
tax or any other financial purposes;
(8)
The filing of any claim for benefits under any policy of insurance or
any federal, state, or local benefit legislation based on domicile outside the
state of New Hampshire; and
(9)
Status in some other state which would qualify a person for in-state
tuition in that state.
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
Hedc 502.04 Emancipation Determination.
(a)
No person shall be deemed to be emancipated unless his
or her parent, as defined in Hedc 502.01(b):
(1) Has entirely surrendered the right to the
care, custody and earnings of such person;
(2) Is no longer under any legal obligation to
support or maintain such person; or
(3) Having supported and maintained such person
even though under no legal obligation to do so, has ceased to support and
maintain such person.
(b)
The following criteria shall be used by the institution to determine if
a student is emancipated:
(1) Lack of financial support of the person by
the parent;
(2) Lack of contribution to the parent of any
earnings or other income received by the person;
(3) Failure of the parent to claim the person as
a dependent on his or her income or other tax forms;
(4) Establishment by the person of a domicile
separate and apart from that of the parent;
(5) The person returns to a residence other than
the home of the parent during vacations or other recesses from school; and
(6)
Any other evidence submitted by the student which is consistent with the
theme of the above criteria.
(c)
Emancipation shall not be found unless all the
requirements of (a) and (b) have been met
Source. #10633, eff 7-2-14 (See Revision Note at
chapter heading for Hedc 500)
APPENDIX
|
RULE |
STATUTE |
|
|
|
|
Hedc
501.01-501.03 |
RSA
193:19 |
|
Hedc
501.04 |
RSA
193:21 |
|
Hedc
501.05 |
RSA
193:19; RSA 193:21 |
|
Hedc
501.06-501.07 |
RSA
193:21 |
|
Hedc
502.01-502.04 |
RSA
193:19; RSA 193:21 |