Current through the 2023 Legislative Sessions
Section 15-10-19.1 - Nonresident and resident student for tuition purposes defined1. A "nonresident student" for tuition purposes means any student other than a resident student.2. A "resident student" for tuition purposes means:a. An individual whose guardian, custodial parent, or parents are legal residents of this state and have resided in this state for twelve months, or a dependent child whose custodial parent moved into the state with the intent to establish legal residency for a period of years within the last twelve months immediately prior to the beginning of the academic term;b. An individual of age eighteen or over who is a legal resident of this state and has resided in this state after reaching age eighteen for twelve months immediately prior to the beginning of the academic term;c. An individual who graduated from a North Dakota high school;d.(1) A full-time active duty member of the armed forces;(2) A member of the national guard;(3) A member of the armed forces reserve component; or(4) A veteran, as defined in section 37-01-40;e. A benefited employee of the North Dakota university system;f. The spouse of: (1) A full-time active duty member of the armed forces;(2) A member of the national guard;(3) A member of the armed forces reserve component;(4) A veteran, as defined in section 37-01-40, including a veteran eligible to transfer entitlement under the Post 9-11 Veterans Educational Assistance Act of 2008 [ 38 U.S.C. 3301 ];(5) A benefited employee of the North Dakota university system; or(6) Any other individual who is a resident for tuition purposes;g. A dependent of: (1) A full-time active duty member of the armed forces;(2) A member of the national guard;(3) A member of the armed forces reserve component;(4) A veteran, as defined in section 37-01-40, including a veteran eligible to transfer entitlement under the Post 9-11 Veterans Educational Assistance Act of 2008 [ 38 U.S.C. 3301 ]; or(5) A benefited employee of the North Dakota university system;h. An individual who was a legal resident of this state for at least three consecutive years within six years of the beginning of the academic term;i. A child, spouse, widow, or widower of a veteran as defined in section 37-01-40 who was killed in action or died from wounds or other service-connected causes, was totally disabled as a result of service-connected causes, died from service-connected disabilities, was a prisoner of war, or was declared missing in action; orj. A covered individual as defined by section 702 of Public Law No. 113-146 [128 Stat. 1797; 38 U.S.C. 3679 ].3. A temporary absence from the state for vacation or other special or temporary purposes may not be considered an abandonment of residency in this state, provided a residence is maintained in this state during the temporary absence. However, a student who leaves the state and resides in another state for a period of months is not considered a resident of this state during those months if the student does not maintain a place of residence in this state during the student's absence.Amended by S.L. 2021, ch. 125 (HB 1107),§ 1, eff. 8/1/2021.Amended by S.L. 2015, ch. 129 (HB 1127),§ 1, eff. 3/12/2015.Amended by S.L. 2013, ch. 133 (HB 1272),§ 1, eff. 8/1/2013.Amended by S.L. 2013, ch. 134 (HB 1104),§ 1, eff. 8/1/2013.