2010 Tennessee Code
Title 49 - Education
Chapter 4 - Financial Aid
Part 9 - State Lottery Proceeds
49-4-928 - HOPE scholarship for dependent children of certain military veterans.

49-4-928. HOPE scholarship for dependent children of certain military veterans.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Dependent child” means a natural or adopted child of a service member whom such service member claimed as a dependent for federal income tax purposes; provided, however, that the child is under twenty-one (21) years of age;

     (2)  “Member of the armed services” means a citizen of this state who is a member of the armed forces of the United States or a member of a reserve or Tennessee national guard unit who is called into active military service of the United States, as defined in § 58-1-102, and is stationed outside the United States during hostilities in which military personnel are entitled to combat compensation as determined by the United States department of defense; and

     (3)  “Serving honorably” means the character of service condition as reported on certificate of release or discharge from active duty (department of defense form 214).

(b)  Notwithstanding any provision of this part to the contrary, a student who is a dependent child or spouse of a member of the armed services who, while serving honorably, was killed in action, died as a direct result of injuries received from a service connected, combat-related cause, or was officially reported as being either a prisoner of war or missing in action shall be eligible for a Tennessee HOPE scholarship if the student meets the requirements of §§ 49-4-904(1)-(6), 49-4-905(a)(2) and (a)(3), and 49-4-907(3) and the student was a citizen of Tennessee at the time the member of the armed forces died, was imprisoned, or was reported missing in action.

(c)  A student claiming eligibility under this section shall present the documentation required by § 49-7-102(b)(1).

(d)  (1)  A student receiving a Tennessee HOPE scholarship under this section shall meet the requirements of § 49-4-911 to continue to receive the scholarship.

     (2)  A student who qualifies for a Tennessee HOPE scholarship under this section as a spouse of a member of the armed services shall apply for a scholarship and enroll in an eligible postsecondary institution within ten (10) years of the date of death, imprisonment or report that the member of the armed services is missing in action. If the spouse remarries prior to the receipt of the scholarship, then the spouse's eligibility under this section shall terminate.

(e)  If a student eligible for a Tennessee HOPE scholarship under this section attends an eligible public postsecondary institution and receives a waiver of tuition and fees under § 49-7-102, then, notwithstanding any provision of this part to the contrary, the scholarship may be used for the cost of room and board, which shall not exceed the maximum cost of room and board provided through the facilities of the eligible public postsecondary institution.

[Acts 2004, ch. 872, § 1.]  

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