North Dakota Code 15-10-19.1 – Nonresident and resident student for tuition purposes defined
1. A “nonresident student” for tuition purposes means any student other than a resident student.
Terms Used In North Dakota Code 15-10-19.1
- Dependent: A person dependent for support upon another.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
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; or
j. 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.