173.236.  Survivors of Vietnam veterans scholarship program — eligibility — coordinating board, powers and duties — amount — transfer, withdrawal — expiration date. — 1.  As used in this section, unless the context clearly requires otherwise, the following terms mean:

  (1)  "Board", the coordinating board for higher education;

  (2)  "Grant", the Vietnam veteran's survivors grant as established in this section;

  (3)  "Institution of postsecondary education", any approved public or private institution as defined in section 173.205;

  (4)  "Survivor", a child or spouse of a Vietnam veteran as defined in this section;

  (5)  "Tuition", any tuition or incidental fee or both charged by an institution of postsecondary education, as defined in this section, for attendance at the institution by a student as a resident of this state;

  (6)  "Vietnam veteran", a person who served in the military in Vietnam or the war zone in Southeast Asia and to whom the following criteria shall apply:

  (a)  The veteran was a Missouri resident when first entering the military service and at the time of death;

  (b)  The veteran's death was attributable to illness that could possibly be a result of exposure to toxic chemicals during the Vietnam Conflict; and

  (c)  The veteran served in the Vietnam theater between 1961 and 1972.

  2.  Within the limits of the amounts appropriated therefor, the coordinating board for higher education shall award annually up to twelve grants to survivors of Vietnam veterans to attend institutions of postsecondary education in this state.  If the waiting list of eligible survivors exceeds fifty, the coordinating board may petition the general assembly to expand the quota.  If the quota is not expanded the eligibility of survivors on the waiting list shall be extended.

  3.  A survivor may receive a grant pursuant to this section only so long as the survivor is enrolled in a program leading to a certificate, or an associate or baccalaureate degree.  In no event shall a survivor receive a grant beyond the completion of the first baccalaureate degree, regardless of age.  No survivor shall receive more than one hundred percent of tuition when combined with similar funds made available to such survivor.

  4.  The coordinating board for higher education shall:

  (1)  Promulgate all necessary rules and regulations for the implementation of this section;

  (2)  Determine minimum standards of performance in order for a survivor to remain eligible to receive a grant under this program;

  (3)  Make available on behalf of a survivor an amount toward the survivor's tuition which is equal to the grant to which the survivor is entitled under the provisions of this section;

  (4)  Provide the forms and determine the procedures necessary for a survivor to apply for and receive a grant under this program.

  5.  In order to be eligible to receive a grant pursuant to this section, a survivor shall be certified as eligible by a Missouri state veterans service officer.  Such certification shall be made upon qualified medical certification by a Veterans Administration medical authority that exposure to toxic chemicals contributed to or was the cause of death of the veteran, as defined in subsection 1 of this section.

  6.  A survivor who is enrolled or has been accepted for enrollment as an undergraduate postsecondary student at an approved institution of postsecondary education shall receive a grant in an amount not to exceed the least of the following:

  (1)  The actual tuition, as defined in this section, charged at an approved institution where the child is enrolled or accepted for enrollment; or

  (2)  The average amount of tuition charged a Missouri resident at the institutions identified in section 174.020^* for attendance as a full-time student, as defined in section 173.205.

  7.  A survivor who is a recipient of a grant may transfer from one approved public or private institution of postsecondary education to another without losing his entitlement under this section.  The board shall make necessary adjustments in the amount of the grant.  If a grant recipient at any time withdraws from the institution of postsecondary education so that under the rules and regulations of that institution he is entitled to a refund of any tuition, fees, or other charges, the institution shall pay the portion of the refund to which he is entitled attributable to the grant for that semester or similar grading period to the board.

  8.  If a survivor is granted financial assistance under any other student aid program, public or private, the full amount of such aid shall be reported to the board by the institution and the eligible survivor.

  9.  Nothing in this section shall be construed as a promise or guarantee that a person will be admitted to an institution of postsecondary education or to a particular institution of postsecondary education, will be allowed to continue to attend an institution of postsecondary education after having been admitted, or will be graduated from an institution of postsecondary education.

  10.  The benefits conferred by this section shall be available to any academically qualified surviving children and spouses of Vietnam veterans as defined in subsection 1 of this section, regardless of the survivor's age, until December 31, 1995.  After December 31, 1995, the benefits conferred by this section shall not be available to such persons who are twenty-five years of age or older, except spouses will remain eligible until the fifth anniversary after the death of the veteran.

  11.  This section shall expire on December 31, 2015.