[§304A-402]  Residence for tuition purposes;basic rule.  The board of regents shall adopt the necessary rules definingresidence for tuition purposes herein; provided that the basic rule shall bethat a student shall qualify for the resident tuition fee only if the followingcriteria are met:

(1)  The adult student, or in the case of a minorstudent, the student's parents or guardians, has or have been a bona fideresident of this State for at least twelve consecutive months next precedingthe student's first day of officially scheduled instruction for any semester orterm in which the student is enrolling at the particular college or campus; and

(2)  The adult or minor student has not been claimedas a dependent for tax purposes for at least twelve months next preceding thestudent's first day of officially scheduled instruction for any semester orterm in which the student is enrolling at the particular college or campus bythe student's parents or guardians who are nonresidents of the State; providedthat this provision shall not apply in cases where the parent claiming thestudent as a dependent is entitled to do so under a child support order oragreement issued or entered into in conjunction with a divorce proceeding orlegal separation agreement and the other parent and the student meet thecriteria set forth in paragraph (1). [L 2006, c 75, pt of §2]