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



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



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