Child (Legacy) Eligibility
Eligible Veterans may assign or transfer unused hours of exemption eligibility to a child under certain conditions as drawn from the Hazlewood Act Statute and 40 Texas Administrative Code §461
A Child (Legacy Act) must:
- Be classified by the institution as a Texas resident; (40 TAC §461.70)
- Be the biological child, stepchild, adopted child, or claimed as a dependent in the current or previous tax year;
- Be 25 years old or younger on the first day of the semester or term for which the exemption is claimed (unless granted an extension due to a qualifying illness or debilitating condition); and
- Have no federal Veteran’s education benefits, or have no federal Veterans education benefits dedicated to the payment of tuition and fees only (such as Chapter 33) for term or semester enrolled that do not exceed the value of Hazlewood benefits; (40 TAC §461.70) & (40 TAC §461.90)
- Not be in default on a student loan made or guaranteed by the State of Texas;
- Enroll in classes for which the college receives tax support (i.e., a course that does not depend solely on student tuition and fees to cover its cost), unless the college’s governing board has ruled to let Veterans receive the benefit while taking non-funded courses; and
- Meet the GPA requirement of the institution’s satisfactory academic progress policy in a degree or certificate program as determined by the institution’s financial aid policy and, as an undergraduate student, not be considered to have attempted an excessive amount of credit hours.
Legacy recipients will receive an exemption for the number of degree certified hours reported by the institution for that term or semester. Maximum degree certified hours awarded to the Legacy recipient will be dependent upon the degree or certificate program in which the student is enrolled for that term or semester and shall be consistent with the program length as defined within the school catalog as approved by the regional accreditation commission. (40 TAC §461.30)
*If a child to whom hours have been delegated fails to use all of the assigned hours, a Veteran may re-assign the unused hours that are available to another child. Only one child will use Hazlewood Legacy benefits at a time.
Spouse / Dependent Eligibility
A Spouse / Dependent must:
Be the spouse/dependent of an eligible veteran who is determined by the VA to be 100%, total and permanent, service-connected veteran or one who became totally disabled for purposes of employability as a result of a service-related injury or illness. The spouse/dependent(s) of an eligible veteran who meets the requirements below are entitled to receive a 150 credit hours exemption, each, under certain conditions as drawn from the Hazlewood Act Statute and Texas Administrative Code §461:
- Be a spouse / child of a Veteran who, at the time of entry into the U.S. Armed Forces, (DD Form 214 required) , (40 TAC §461.50) & (40 TAC §461.60)
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- designated Texas as Home of Record,
- or entered the service in Texas;
- or was a Texas resident;
- Be a spouse / child of a Veteran of the U.S. Armed Forces or the Texas National Guard who
- died as a result of service-related injuries or;
- became totally and permanently disabled or meets the eligibility requirements for individual unemployability according to the disability ratings of the Department of Veterans Affairs (VA) as a result of a service-related injury, or
- Missing in action (MIA), or
- Killed in action (KIA).
- Have no federal Veterans education benefits, or have no federal Veterans education benefits dedicated to the payment of tuition and fees only (such as Chapter 33) for term or semester enrolled that do not exceed the value of Hazlewood benefits;
- Be classified by the institution as a Texas resident;
- Not be in default on a student loan made or guaranteed by the State of Texas;
- Enroll in classes for which the college receives tax support (i.e., a course that does not depend solely on student tuition and fees to cover its cost), unless the college’s governing board has ruled to let Veterans receive the benefit while taking non-funded courses; and
- Meet the GPA requirement of the institution’s satisfactory academic progress policy in a degree or certificate program as determined by the institution’s financial aid policy and, as an undergraduate student, not be considered to have attempted an excessive amount of credit hours. This requirement does not apply to the spouse / child of a MIA, KIA, or service-connected deceased Veteran. (40 TAC §461.50) & (40 TAC §461.60)