South Dakota Tuition for a Child or Spouse of a Disabled or Deceased Guard Member
Tuition without cost at a Regents institution or a technical college where a South Dakota National Guard member died or became totally and permanently disabled on duty. The child is capped at twenty-five; the spouse has no age limit.
Also called: 13-55-10, National Guard, line of duty, total disability permanent in nature, spouse, Board of Technical Education, state or federal active duty.
Section 13-55-10 covers the family of a South Dakota National Guard member who died or sustained a total disability, permanent in nature, resulting from duty as a member of the Guard while on state active duty, federal active duty, or any authorised training duty.
The duty statuses are the point. Training duty is expressly inside it, which is not true of most of the state's other definitions of qualifying service, and state active duty is inside it, which no federal program covers. A Guard member killed on a flood or fire response ordered by the Governor, or injured in a weekend drill, is within the section; the same event would produce nothing under the wartime veteran definition in 33A-2-2.
Two different classes of beneficiary with two different rules. A resident child of the member who is less than twenty-five years of age is entitled to tuition without cost. A resident spouse of the member is entitled on the same terms with no age ceiling at all, which makes this the one South Dakota education benefit a mid-career spouse can start using years later.
Where it can be used. Any course or courses of study at a state educational institution under the Board of Regents or under the Board of Technical Education. The technical education half was added by House Bill 1046 of 2023; before that the section reached only the Regents institutions, and guidance written earlier says so.
The disability test is "a total disability, permanent in nature". It is not phrased as a VA rating and the Guard member may never have had a VA claim at all, since a state active duty injury is compensated by the state rather than by VA. What the section asks is whether the disability is total and permanent and whether it resulted from Guard duty.
The application route is borrowed. The section says the application and receipt of benefits are governed by 13-55-6 to 13-55-9, so it goes to the Board of Regents, which issues a certificate in duplicate and whose action is final.
Thresholds
Thresholds for South Dakota Tuition for a Child or Spouse of a Disabled or Deceased Guard Member
Gate
Rule
Death or total permanent disability from Guard duty
The member must have died or sustained a total disability, permanent in nature, resulting from duty as a member of the South Dakota National Guard. The test is not stated as a VA rating.
State active duty and training duty both count
The duty may be state active duty, federal active duty, or any authorised training duty. Drill and annual training are inside the section.
Child under twenty-five, spouse with no age limit
A resident child less than twenty-five years of age qualifies. A resident spouse qualifies with no age ceiling.
Regents and technical institutions
Any course of study at a state educational institution under the Board of Regents or the Board of Technical Education. The technical education half was added in 2023.
Applied for through the Board of Regents
Section 13-55-10 adopts the application machinery of 13-55-6 to 13-55-9, so the Board of Regents decides and its action is final.
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.