Northcutt, 121818 ALAGO, AGO 2019-10

Case DateDecember 18, 2018
CourtAlabama
Honorable Mike E. Northcutt, Interim Commissioner
AGO 2019-10
No. 2019-010
Alabama Attorney General Opinion
State of Alabama Office of The Attorney General
December 18, 2018
         Honorable Mike E. Northcutt, Interim Commissioner          Alabama Department of Veteran's Affairs          Post Office Box 1509          Montgomery, Alabama 36102          Veterans Affairs - Education -Tuition - Students - Internet          Under the Alabama G.I. Dependents' Scholarships, the Department of Veterans Affairs may reimburse institutions of higher learning who waive the cost of student access codes to learning management systems required for courses attended by eligible dependents as "books and fees."          Dear Mr. Northcutt:          This opinion of the Attorney General is issued in response to your request.          QUESTION          Under the Alabama G.I. Dependents' Scholarships, does the Department of Veterans Affairs have the authority to reimburse institutions of higher learning who waive the cost of student access codes to learning management systems required for courses attended by eligible dependents as "books and fees?"          FACTS AND ANALYSIS          The Alabama Department of Veterans Affairs ("ADVA") is charged with administering the program known as the Alabama G.I. Dependents' Scholarships ("Scholarships Program"), codified in section 31-6-1, et seq., of the Code of Alabama, which provides benefits to dependents of certain veterans enrolled in state-supported schools, including tuition, textbooks, and instructional fees. Ala. Code §§ 31-6-1 to 31-6-17 (2017). Under this program, ADVA reimburses schools who waive tuition, books, and instructional fees for eligible dependents. Although what constituted "books and fees" may have been straightforward when the Scholarships Program was initiated, the advent of technology and the internet has made these definitions less certain. You question whether the use of "access codes" which may be required in selected courses to gain access to "learning management systems" may be reimbursed...

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