Death & Survivor Benefits

West Virginia War Orphan Education Program (repealed in 2025)

The statute behind this program was repealed effective June 29, 2025, yet the state agency and the federal benefits library both still advertise it with dollar figures.

Also called: war orphan, repealed, HB 3192, 18-19, $1,000 per semester, $2,000, deceased veteran, obsolete.

For: Child, survivor.

Where it applies

Written for the jurisdictions listed here.

This entry records a conflict rather than a benefit, because a family relying on the published descriptions would be relying on a repealed statute. Article 19 of chapter 18 of the West Virginia Code, "Educational Opportunities for Children and Spouses of Deceased Soldiers, Sailors, Marines and Airmen," was the War Orphan Education Program. It provided a tuition waiver at state institutions and a modest cash allowance administered by the Department of Veterans Assistance. House Bill 3192 of the 2025 regular session repealed it. The act passed March 31, 2025 and took effect ninety days from passage, on June 29, 2025. Its title is "AN ACT to repeal ... relating to repeal of antiquated, inoperative, conflicting and duplicative provisions of code," and it repealed roughly a hundred sections across chapters 18 and 18B in one pass. Sections 18-19-1, 18-19-2, 18-19-3, and 18-19-4 are named in the repealing clause, which is the whole of the article. The Code now shows each of them as repealed. Nothing in that act re-enacted the program elsewhere. It is a pure repeal act. Two official sources still describe the program as current. The Department of Veterans Assistance education benefits page lists a "West Virginia War Orphan Program" under state benefit opportunities, describes a tuition and fee waiver at any West Virginia public institution beyond what Chapter 35 Dependents' Educational Assistance and the Fry Scholarship pay, states that eligible students "will receive up to $1,000 per semester, to a maximum of $2,000 per year, for expenses from the West Virginia Department of Veterans Assistance," and links an application. The federal Army benefits library lists the same program with the same figures, an age range of sixteen to twenty-five, and a mailing address to send applications to. What to do with that. Do not treat the program as gone on this entry's say-so, and do not treat it as available on theirs. The statutory authority is repealed; whether the department is still administering something under appropriation or under a rule is a question only the department can answer. Call a Department of Veterans Assistance service officer before building a plan around it, and ask specifically what authority the payment is being made under now that article 19 is repealed. The alternative to look at in the meantime is West Virginia Code 18B-10-7, which is live and which waives tuition and fees at every state institution for the child or spouse of a National Guard member, reserve member, or person on federal or state active duty who was a West Virginia resident and was killed in the line of duty. That section has its own entry. It is narrower than the war orphan program was, because it requires a line-of-duty death rather than reaching the children of veterans who died later of service-connected causes, but it is unambiguously in force. The legislature's own characterization of the repealed sections was "antiquated, inoperative, conflicting and duplicative," which suggests the program may have been dormant well before 2025. That is a reading of the bill title, not a finding, and it does not resolve what the department is doing today.

Thresholds

Thresholds for West Virginia War Orphan Education Program (repealed in 2025)
GateRule
Repealed effective June 29, 2025House Bill 3192 of the 2025 regular session repealed West Virginia Code 18-19-1 through 18-19-4, the entire war orphan article, effective ninety days from its March 31, 2025 passage. Nothing in that act re-enacted the program elsewhere.
Two official sources still advertise itThe Department of Veterans Assistance education benefits page still describes the program with a tuition waiver and up to $1,000 per semester to a maximum of $2,000 per year, and links an application. The federal Army benefits library carries the same figures. Confirm with a department service officer what authority any current payment rests on before relying on either.
No disability rating was ever involvedThe program turned on a veteran's death and the family relationship rather than on a rating, so the rating filter never hides this entry.
The live alternative is the line-of-duty waiverWest Virginia Code 18B-10-7 remains in force and waives tuition and fees at every state institution for the child or spouse of a resident National Guard member, reserve member, or person on federal or state active duty killed in the line of duty. It is narrower, because it requires a line-of-duty death.

Sources

Legislation

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HB 3192 Repealed the War Orphan Education Program

Catalog reconciledEnactedProgram repealed

Signed Takes effect

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the governor Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Restricts benefits Repealed the War Orphan Education Program in W. Va. Code §§ 18-19-1 to 18-19-4 without re-enacting it.

A cleanup act repealing roughly a hundred "antiquated, inoperative, conflicting and duplicative" sections across chapters 18 and 18B took the entire war orphan article with it. Nothing in the act re-enacted the program elsewhere. The Department of Veterans Assistance education page and the federal Army benefits library both still advertise it with dollar figures and a live application link.

Sponsor

  • Joe EllingtonRepublican, House, District 38

And 3 co-sponsors

Touches W. Va. Code § 18-19-1 · W. Va. Code § 18-19-2 · W. Va. Code § 18-19-3 · W. Va. Code § 18-19-4

Official record

Updated

Last updated .

What changed then:

  • New official source added: “West Virginia Department of Veterans Assistance, Education Benefits, still describing the program (the page moved in October 2026; read 2026-10-23)”.
  • Source removed: “West Virginia Department of Veterans Assistance, education benefits, still describing the program”.

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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.