Sec. 103. Dependent undergraduate education assistance
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In any case in which the Secretary of Education determines that a teacher, administrator, employee, or paid or unpaid staff member meets the definition of victim, the Secretary shall provide the following educational assistance allowance, for each dependent child of the victim enrolled or accepted for enrollment at a program of undergraduate instruction at an institution of higher education: The educational assistance allowance on behalf of a dependant child who is pursuing a program of education consisting of institutional courses shall be paid at the monthly rate of $1,224 for full-time, $967 for three-quarter-time, or $710 for half-time pursuit.
The educational assistance allowance on behalf of a dependent child pursuing a program of education on less than a half-time basis shall be paid at the rate of the lesser of— the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay; or $1,224 per month for a full-time course. The educational assistance allowance to be paid on behalf of a dependent child who is pursuing a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion, shall be computed at the rate of $1,224 per month.
A dependent child who is enrolled in an educational institution for a “farm cooperative” program consisting of institutional agricultural courses prescheduled to fall within 44 weeks (using “week” as defined under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note)) of any period of 12 consecutive months and who pursues such program on— a full-time basis (a minimum of 10 clock hours per week or 440 clock hours in such year prescheduled to provide not less than 80 clock hours in any three-month period); a three-quarter-time basis (a minimum of 7 clock hours per week); or a half-time basis (a minimum of 5 clock hours per week), shall be eligible to receive an educational assistance allowance at the appropriate rate provided in subparagraph
(B)of this subsection, if such dependent child is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the person is enrolled. The monthly educational assistance allowance to be paid on behalf of a dependent child pursuing a farm cooperative program under this section shall be $636 for full-time, $477 for three-quarter-time, or $319 for half-time pursuit. Subject to clause (iii), the amount of educational assistance payable under this subsection for a licensing or certification test described below, is the lesser of $2,000 or the fee charged for the test. Qualifying licensing or certification tests shall be determined by the Secretary, which may include— such licensing or certification tests the successful completion of which demonstrates an individual’s possession of the knowledge or skill required to enter into, maintain, or advance in employment in a predetermined and identified vocation or profession, provided such tests and the licensing or credentialing organizations or entities that offer such tests are approved by the Secretary; and national tests for admission to institutions of higher education (such as the Scholastic Aptitude Test (SAT), Law School Admission Test (LSAT), Graduate Record Exam (GRE), and Graduate Management Admission Test (GMAT)) and national tests providing an opportunity for course credit at institutions of higher education (such as the Advanced Placement
(AP)exam and College-Level Examination Program (CLEP)). The number of months of educational assistance in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the full-time monthly institutional rate of the educational assistance allowance which, except for clause (i), such individual would otherwise be paid under chapter 35 of title 38, United States Code. In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available educational assistance as determined by the Secretary and in accordance with this Act. Subject to clause (iii), the amount of educational assistance payable under this section for a national test for admission or national test providing an opportunity for course credit at an institution of higher education, is the amount of the fee charged for the test. The number of months of educational assistance provided in the case of any individual for a test described in clause
(i)is equal to the number (including any fraction) determined by dividing the total amount of educational assistance paid such individual for such test by the full-time monthly institutional rate of educational assistance, except for clause (i), such individual would otherwise be paid under this section. In no event shall payment of educational assistance under this subsection for a test described in clause
(i)exceed the amount of the individual’s available educational assistance as determined by the Secretary and in accordance with this Act. Assistance provided under this subsection shall not be considered for the purpose of awarding Federal assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), except that in no case shall the sum of the total amount of student financial assistance awarded to a dependent child under such title and the amount of assistance provided under this subsection exceed the child’s total cost of attendance. A dependent child may receive assistance under this subsection for not more than a total of 5 years. To be eligible to receive assistance under this subsection, the dependent child shall be considered to be making satisfactory progress, pursuant to section 484(a)(2) of the Higher Education Act of 1965, at the institution of higher education. The death or remarriage of the surviving spouse of the victim shall not affect a dependent child’s eligibility for assistance under this subsection. Section 473(b) of the Higher Education Act of 1965 is amended— in paragraph (2)(B)— by striking or at the end of clause (i); by striking ; and at the end of clause
(i)and inserting ; or ; and by adding at the end the following: a victim (as defined in section 101 of the Teacher Victims’ Family Assistance Act of 2019 ); and . The Secretary shall provide a notice to each individual receiving assistance under this section, including under the amendments made under subsection (b), that such assistance is excludable from gross income under section 139H of the Internal Revenue Code of 1986.
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