13-53-27. Residence of unemancipated person for purpose of higher education. The residence of an unemancipated person under twenty-four years of age follows that of the parents or of a legal guardian who has actual custody of the person or administers the property of the person. In the case of divorce or separation, if either parent […]
13-53-28. Board of Regents approval required when guardian residence basis of residency and predominant purposes is for education. If the person comes from another state or country for the predominant purpose of attending a postsecondary regental institution, the person may not be admitted to resident student status upon the basis of the residence of a […]
13-53-29. Exception to twelve-month residency requirements. An unemancipated person may be classified as a resident student without meeting the twelve-month residence requirement within South Dakota if the person’s presence in South Dakota results from the establishment by the person’s parents of their residence within the state and if the person proves that the move was […]
13-53-29.1. Resident tuition–Veterans–Armed forces personnel–Spouse or child. The following are classified as resident students without having to meet the twelve-month residency requirement within South Dakota pursuant to § 13-53-24: (1)Any person who is a veteran as defined in § 33A-2-1 or 33A-2-2; (2)Any person who is an active duty member of the armed forces; (3)The […]
13-53-29.2. Recipient of veteran’s educational benefits exempt from twelve-month residency requirement. Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of §13-53-24 if the person receives veteran’s educational benefits pursuant to the provisions of chapters 30, 31, and […]
13-53-3. Economy considered in administration of schools–Unification of work. The board shall, at all times, so administer the schools as to enable each one of them to do in the best manner its own specific work, with a view to the strictest economy, and so as to unify and harmonize the entire work of all […]
13-53-30. Reclassification of residence status upon removal of parents’ residence. If it appears that the parents of a person properly classified as a resident student under the provisions of §13-53-29 have removed their residence from South Dakota, the person shall be reclassified to the status of nonresident unless the parents have been residents for the […]
13-53-31. Residence classification to remain with continuous enrollment. A person once properly classified as a resident student shall be deemed to remain a resident student so long as remaining continuously enrolled in the regental system until the person’s degree shall have been earned, subject to the provisions of §13-53-30. Source: SL 1996, ch 130, §9.
13-53-32. Affect of foreign citizenship on residence status. The foreign citizenship of a person is not a factor in determining resident student status if the person has legal capacity to remain permanently in the United States. Source: SL 1996, ch 130, §10.
13-53-33. Exemption from nonresident tuition and fees for nonresident student. A person classified as a nonresident student may show that the person is exempt from paying the nonresident tuition and fees by clear and convincing evidence that the person has been a resident, as provided by §13-53-24, prior to the first scheduled day of classes […]
13-53-34. Factors relevant to change in nonresident status and predominant purpose for physical presence in state. The following factors are relevant in evaluating a requested change in a student’s nonresident status and in evaluating whether the person’s physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution […]
13-53-34.1. Reclassification to resident status upon marriage to state resident. The Board of Regents shall reclassify any nonresident student to the status of resident student upon timely proof of marriage of the student to a resident of South Dakota. Source: SL 2013, ch 89, §4.
13-53-35. Affect of paying taxes and voting on residence status. The fact that a person pays taxes and votes in the state does not in itself establish residence, but shall be considered as provided in §13-53-34. Source: SL 1996, ch 130, §13.
13-53-36. Burden of proof in claim to resident student status. The Board of Regents shall classify each student as resident or nonresident and may require proof of all relevant facts. The burden of proof is upon the student making a claim to a resident student status. Source: SL 1996, ch 130, §14.
13-53-37. Appeal of residency determination. The Board of Regents shall provide for appeals by students of residency determinations. Source: SL 1996, ch 130, §15.
13-53-38. Authority of board to grant resident status in unusual circumstances. The Board of Regents may classify a student who does not meet the requirements of §§13-53-23 to 13-53-41, inclusive, as a resident student, if the student’s situation presents unusual circumstances and the student’s classification is within the general scope of §§13-53-23 to 13-53-41, inclusive. […]
13-53-39. Penalties for fraud or deceit by student in applying for resident status. A student or prospective student who knowingly provides false information or refuses to provide or conceals information for the purpose of improperly achieving resident student status is subject to the full range of penalties, including expulsion, provided for by the Board of […]
13-53-4. Rules and regulations for management of institutions. The Board of Regents shall have power to enact and enforce all rules and regulations, not in conflict with any law, and deemed necessary by it for the wise and successful management of the institutions under its control and for the government of students and employees therein. […]
13-53-40. Suspension for failure to pay additional money due because of nonresident status. A student who does not pay additional moneys which may be due because of the student’s classification as a nonresident student within thirty days after demand, shall be indefinitely suspended. Source: SL 1996, ch 130, §18.
13-53-41. Waiver of overpayment of tuition and fees for failure to timely appeal. A student or prospective student who fails to request resident status within a particular semester or session and to pursue a timely appeal shall be deemed to have waived any alleged overpayment of tuition and fees for that semester or session. Source: […]
