(a) As used in this section:

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Terms Used In Tennessee Code 49-7-164

  • Dependent: A person dependent for support upon another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) “Dependent child” means a natural child, stepchild, or adopted child who is either living with or receiving regular support contributions from a military parent at the time of the military parent’s death. “Dependent child” also means a posthumous child;
(2) “Military parent” means a parent of a dependent child who is:

(A) A member of the armed forces engaged in active military service of the United States; or
(B) A member of the Tennessee national guard engaged in active military service of the United States;
(3) “State institution of higher education” means any public postsecondary institution operated in this state;
(4) “Targeted attack” means an act of violence perpetrated on a military parent while the military parent is engaged in the performance of the military parent’s assigned military duties; and
(5) “Tennessee national guard” means any federally recognized unit of the Tennessee army or air national guard.
(b) Subject to the conditions in subsections (c), (d), and (e), a state institution of higher education shall charge a dependent child under twenty-three (23) years of age, whose military parent died as a result of a targeted attack that occurred in Tennessee, in-state tuition and fees regardless of the dependent child’s domicile or place of residence during the dependent child’s enrollment in the institution.
(c) Every dependent child desiring in-state tuition and fees under this section shall make application to the state institution of higher education, as required by the board of regents or the University of Tennessee system. The application shall be accompanied by evidence satisfactory to the institution that the military parent was killed as a result of a targeted attack that occurred in Tennessee while performing military duties related to the military parent’s active military service.
(d) The dependent child may only receive in-state tuition and fees if the dependent child possesses the necessary qualifications required for admission to the state institution of higher education the child desires to attend and is admitted to the institution.
(e) The age limitation provided for dependent children in subsection (b) shall not be strictly applied. To be eligible for in-state tuition and fees under this section, a dependent child shall be matriculated as a full-time student at a state institution of higher education prior to attaining twenty-three (23) years of age. Once declared eligible, a dependent child shall remain eligible until one (1) of the following events has occurred:

(1) Prior to attaining twenty-three (23) years of age, the dependent child earns an undergraduate degree or certificate;
(2) The dependent child has earned one hundred thirty-five (135) semester hours, or the equivalent, excluding required remedial or developmental hours; or
(3) The dependent child has attempted one hundred fifty (150) semester hours, or the equivalent, inclusive of required remedial or developmental hours.
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