In order to be eligible to receive a Hazlewood Act Exemption, children shall demonstrate that they: (1) are children of: (A) members of the U.S. Armed Forces who entered the service in the State of Texas, declared Texas as their home of record in the manner provided by the military or other service; or were residents of Texas when they entered the service and who: (i) died while in service; (ii) are missing in action; (iii) whose deaths are documented to be directly caused by illness or injury connected with service in the armed forces of the United States; or (iv) became totally disabled for purposes of employability according to the disability ratings of the Department of Veterans Affairs as a result of a service-related injury; or (B) members of the Texas National Guard or Texas Air National Guard who: (i) were killed since January 1, 1946 while on active duty either in the service of Texas or the United States; or (ii) are totally disabled for purposes of employability according to the disability ratings of the Department of Veterans Affairs, regardless of whether the members are eligible to receive disability benefits from the department, as a result of a service-related injury suffered since January 1, 1946, while on active duty either in the service of this state or the United States. (2) are 25 years of age or younger on the first day of the semester or other academic term for which the exemption is claimed unless the child is granted an extension in keeping with paragraph (3) of this section. (3) are 25 years of age or older if the child is otherwise eligible for the exemption and provides his or her institution documentation from a physician indicating he or she suffered from a severe illness or other debilitating condition which prevented the child from using the exemption in the required timeframe. In this case, the student's eligibility shall be extended for a period of time equal to the time during which he or she experienced the illness or debilitating condition. (4) have no federal veteran's education benefits, based on the parent's death or disability, that may be used only for the payment of tuition and fees, or, if the child has such benefits, the value of such benefits is less than the value of the child's Hazlewood Act Exemption; and (5) are classified by their institutions as residents of Texas for the term or semester for which they claim the Hazlewood Act Exemption. |
