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Current as of January 01, 2024 | Updated by Findlaw Staff
1. 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;
j. A covered individual as defined by section 702 of Public Law No. 113-146 [128 Stat. 1797; 38 U.S.C. 3679]; or
k. An individual certified by a director of the peace corps as having completed service as a peace corps volunteer.
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.
Cite this article: FindLaw.com - North Dakota Century Code Title 15. Education § 15-10-19.1. Nonresident and resident student for tuition purposes defined - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-15-education/nd-cent-code-sect-15-10-19-1/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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