Colorado Revised Statutes Title 23. Postsecondary Education § 23-3.3-205. Dependents of deceased or permanently disabled National Guardsman, law enforcement officer, or firefighter

(1)(a) Any dependent of a person who died or was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado National Guardsman or any dependent of any person who has been permanently disabled or killed while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter or any dependent of a person, including a volunteer, who died or was permanently disabled while engaged in backcountry search and rescue activities, as defined in section 33-1-102(1.3), upon being accepted for enrollment into any state institution, shall be permitted to pursue studies leading toward his or her first bachelor's degree or certificate of completion, free of tuition and free of room and board charges of the institution, for so long as said dependent achieves and maintains a cumulative grade point average of 2.5 or above based upon a 4.0 scale, but said benefits shall not be extended beyond six years from the date of enrollment. Such dependents pursuing studies at a nonpublic institution of higher education within the state of Colorado shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full-time equivalent student at a comparable state institution for the previous year, and the average cost of room and board calculated for a full-time equivalent student at all state institutions for the previous year. Such dependents pursuing studies at an out-of-state institution of higher education shall be eligible for assistance not to exceed the average cost of undergraduate instruction calculated for a full-time equivalent student at a comparable state institution for the previous year. The commission shall provide tuition and, if appropriate, room and board assistance to such qualified students from appropriated student financial assistance funds.

(b) Deleted by Laws 2000, Ch. 352, § 1, eff. June 1, 2000.

(2)(a) A qualified dependent may receive benefits pursuant to this section prior to receiving federal educational benefits available to dependents pursuant to the federal “Public Safety Officers' Benefits Act”, 34 U.S.C. sec. 10281 et seq.

(b) The benefit provided pursuant to this section must be reduced by an amount equal to the amount of any federal educational benefits provided to the dependent.

(3)(a) An individual who was permanently disabled while on state active duty, federalized active duty, or authorized training duty as a Colorado National Guardsman is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is ineligible for retention as a member of the National Guard and is unable to engage in any substantial full-time gainful activity by reason of medically determinable physical or mental impairment which can be expected to result in death or which has lasted for a continuous period of not less than twelve months and exists at the time the dependent seeks entry into an institution.

(b) An individual who has been permanently disabled while acting to preserve the public peace, health, and safety in the capacity of police officer, sheriff, or other law enforcement officer or firefighter is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if such individual is, as a result of the disability, unable to perform in the position to which he or she was regularly assigned at the time he or she became disabled.

(c) An individual who has been permanently disabled while engaged in backcountry search and rescue activities, as defined in section 33-1-102(1.3), is permanently disabled for the purpose of determining eligibility of dependents to qualify for educational benefits if the individual is, as a result of the disability, unable to perform in the position to which the individual was regularly assigned at the time the individual became disabled, or, if the individual was engaged in backcountry search and rescue activities as a volunteer, is unable to engage in any substantial full-time gainful activity by reason of medically determinable physical or mental impairment that can be expected to result in death or that has lasted for a continuous period of not less than twelve months and exists at the time the dependent seeks entry into an institution.