(1) As used in this section:

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(a) ‘Child’ means a child, adopted child or stepchild of either a service member or a Purple Heart recipient.

(b) ‘Eligible post-secondary institution’ means:

(A) A public university listed in ORS § 352.002; and

(B) The Oregon Health and Science University.

(c) ‘Purple Heart recipient’ means a person, alive or deceased, who:

(A) Was relieved or discharged from service in the Armed Forces of the United States with either an honorable discharge or a general discharge under honorable conditions; and

(B) Was awarded the Purple Heart in 2001 or thereafter for wounds received in combat.

(d) ‘Qualified student’ means a child, a spouse or an unremarried surviving spouse of a service member or a child of a Purple Heart recipient.

(e) ‘Service member’ means a person who:

(A) As a member of the Armed Forces of the United States, died on active duty;

(B) As a member of the Armed Forces of the United States, died as a result of a military service connected disability; or

(C) Is 100 percent disabled as the result of a military service connected disability, as certified by the United States Department of Veterans Affairs or any branch of the Armed Forces of the United States.

(2) Subject to subsections (3) to (7) of this section, an eligible post-secondary institution shall waive tuition for a qualified student for courses that may lead to a baccalaureate degree or a master’s degree. A qualified student who received a tuition waiver for a baccalaureate degree may also qualify for a tuition waiver for a master’s degree.

(3)(a) The maximum waiver granted under this section shall be as follows:

(A) For a baccalaureate degree, the total number of credit hours that equals four years of full-time attendance at an eligible post-secondary institution.

(B) For a master’s degree, the total number of credit hours that equals two years of full-time attendance at an eligible post-secondary institution.

(b) Notwithstanding paragraph (a) of this subsection, a waiver may not exceed the total number of credit hours the qualified student needs to graduate with a baccalaureate degree or a master’s degree.

(4) A waiver may be granted under this section only for credit hours for courses that are offered by an eligible post-secondary institution and are available for enrollment.

(5) A qualified student may receive a waiver under this section if the student:

(a) At the time of application for a waiver, is considered a resident of this state for the purpose of determining tuition to be paid at an eligible post-secondary institution; and

(b) Has been admitted to an eligible post-secondary institution for a baccalaureate degree program or has been admitted to a master’s degree program at an eligible post-secondary institution.

(6)(a) A child who applies for a waiver under this section must be 23 years of age or younger at the time the child applies for a waiver.

(b) Notwithstanding paragraph (a) of this subsection, a child who is older than 23 years of age is eligible for a waiver for a master’s degree if the child:

(A) Applied for and received a waiver for a baccalaureate degree when the child was 23 years of age or younger; and

(B) Applied for a waiver for a master’s degree within 12 months of receiving a baccalaureate degree.

(7)(a) The amount of tuition waived under this section may be reduced by the amount of any federal aid scholarships or grants, awards from the Oregon Opportunity Grant program established under ORS § 348.205, or any other aid from the eligible post-secondary institution, received by the qualified student.

(b) The amount of tuition waived under this section may not be reduced by the amount of any Survivors’ and Dependents’ Educational Assistance under 38 U.S.C. chapter 35 paid to a qualified student. [Formerly 351.656]