2023 Tennessee Code › Title 49 - EDUCATION (§§ 49-1-NEW — 49-50-1703) › Chapter 7 - POSTSECONDARY AND HIGHER EDUCATION GENERALLY (§§ 49-7-NEW — 49-7-3003) › Part 1 - MISCELLANEOUS PROVISIONS (§§ 49-7-NEW — 49-7-185) › Section 49-7-168 - Classification of spouse or dependent child of an active member of the United States armed forces transferred out of state on military orders as an in-state student for tuition purposes

(a)
As used in this section:
(1)
"Continuous enrollment" means a student is enrolled in the fall and spring semesters of a single academic year. Enrollment in summer semester or inter-session terms is not required;
(2)
"Dependent child" means a natural child, stepchild, or adopted child of a service member;
(3)
"Institution of higher education" or "institution" means any public postsecondary institution operated by the board of trustees of the University of Tennessee system, the board of regents of the state university and community college system, or a local governing board of trustees of a state university that offers courses of instruction leading to a certificate or degree;
(4)
"Service member" means a member of the United States armed forces who is engaged in active military service; and
(5)
"Spouse" means the person to whom the service member is legally married.
(b)
Notwithstanding §§
49-8-104
and
49-9-105
, an institution of higher education shall classify a student who is the spouse or dependent child of a service member who has been transferred out of this state on military orders as an in-state student for tuition purposes, if the spouse or dependent child:
(1)
Was accepted for admission to an institution of higher education;
(2)
Was initially classified by the institution that accepted the spouse or dependent child for admission as a Tennessee resident for tuition purposes;
(3)
Enrolls as a student in the institution that initially classified the spouse or dependent child as a Tennessee resident for tuition purposes for the academic term for which the spouse or dependent child was accepted for admission; and
(4)
Maintains continuous enrollment in that institution.
(c)
Notwithstanding §§ 49-8-102, 49-8-104, and 49-9-105, an institution of higher education in this state shall classify a student who is the spouse or dependent child of a service member as an in-state student for tuition purposes, regardless of the spouse's or dependent child's domicile or place of residence, if:
(1)
The service member:
(A)
Is a United States citizen or a lawful permanent resident of the United States; and
(B)
Is a resident of this state who has resided in this state for at least one (1) year immediately preceding the date on which the service member's spouse or dependent child was accepted for admission to an institution of higher education in this state; and
(2)
The service member's spouse or dependent child:
(A)
Is a United States citizen or a lawful permanent resident of the United States;
(B)
Is accepted for admission to an institution of higher education;
(C)
Enrolls as a student in the institution of higher education; and
(D)
Maintains continuous enrollment in the institution of higher education.
Amended by 2024 Tenn. Acts, ch. 1057,s 1, eff. 7/1/2024.
Added by 2019 Tenn. Acts, ch. 80, s 1, eff. 4/3/2019.