Any active member of the Tennessee national guard who is not a Tennessee resident shall qualify for the tuition assistance benefits provided by this part subject to the following conditions:
(1) The member is enrolled in an educational institution within the state;
(2) The tuition assistance benefits provided to the member who is an out-of-state resident shall not exceed the amount of in-state tuition assistance the member would receive if the member were a Tennessee resident; and
(3) The tuition assistance benefits provided to the member who is enrolled at a private college or university shall not exceed the amount of in-state tuition assistance the member would receive if the member were enrolled at a state-supported educational institution.