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...