N.D. Cent. 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.

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.