Nevada § 396.540 - Charges for tuition; exemptions; prohibition against denial of exemptions to certain students

§ 396.540. Charges for tuition; exemptions; prohibition against denial of exemptions to certain students

1. For the purposes of this section: (a) “ Bona fide resident ” shall be construed in accordance with the provisions of subsections 5 and 6, NRS 10.155 and policies established by the Board of Regents, to the extent that those policies

do not conflict with any statute. The qualification “bona fide” is intended to ensure that the residence is genuine

and established for purposes other than the avoidance of tuition. (b) “ Matriculation ” has the meaning ascribed to it in regulations adopted by the Board of Regents. (c) “ Tuition charge ” means a charge assessed against students who are not residents of Nevada and which

is in addition to registration fees or other fees assessed against students who are

residents of Nevada. 2. The Board of Regents may fix a tuition charge for students at all campuses of the

System, but tuition charges must not be assessed against: (a) All students whose families have been bona fide residents of the State of Nevada

for at least 12 months before the matriculation of the student at a university, state

college or community college within the System; (b) All students whose families reside outside of the State of Nevada, providing such

students have themselves been bona fide residents of the State of Nevada for at least

12 months before their matriculation at a university, state college or community college

within the System; (c) All students whose parent, legal guardian or spouse is a member of the Armed Forces

of the United States who: (1) Is on active duty and stationed at a military installation in the State of Nevada

or a military installation in another state which has a specific nexus to this State,

including, without limitation, the Marine Corps Mountain Warfare Training Center located

at Pickel Meadow, California; or (2) Was on active duty and stationed at a military installation in the State of Nevada

or a military installation in another state which has a specific nexus to this State,

including, without limitation, the Marine Corps Mountain Warfare Training Center located

at Pickel Meadow, California, on the date on which the student is admitted to an institution

of the System if such students enroll and maintain continuous enrollment at an institution

of the System; (d) All students who are using benefits under the Marine Gunnery Sergeant John David

Fry Scholarship pursuant to 38 U.S.C. § 3311(b)(8) ; (e) All public school teachers who are employed full-time by school districts in the

State of Nevada; (f) All full-time teachers in private elementary, secondary and postsecondary educational

institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS ; (g) Employees of the System who take classes other than during their regular working

hours; (h) Members of the Armed Forces of the United States who are on active duty and stationed

at a military installation in the State of Nevada or a military installation in another

state which has a specific nexus to this State, including, without limitation, the

Marine Corps Mountain Warfare Training Center located at Pickel Meadow, California; (i) Veterans of the Armed Forces of the United States who were honorably discharged

and who were on active duty while stationed at a military installation in the State

of Nevada or a military installation in another state which has a specific nexus to

this State, including, without limitation, the Marine Corps Mountain Warfare Training

Center located at Pickel Meadow, California, on the date of discharge; (j) Except as otherwise provided in subsection 3, veterans of the Armed Forces of

the United States who were honorably discharged; (k) Veterans of the Armed Forces of the United States who have been awarded the Purple

Heart; (l) All students who are: (1) Veterans using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327 , inclusive, and became eligible for such benefits on or after January 1, 2013; or (2) Spouses or dependents using Post-9/11 Educational Assistance pursuant to 38 U.S.C. §§ 3301 to 3327 , inclusive; (m) All students who are using Survivors' and Dependents' Educational Assistance pursuant

to 38 U.S.C. §§ 3500 to 3566 , inclusive; (n) Students who graduated from a high school located in this State or who successfully

completed the high school equivalency assessment selected by the State Board pursuant

to NRS 390.055 if the assessment was administered in this State, regardless of whether the student

or the family of the student have been bona fide residents of the State of Nevada

for at least 12 months before the matriculation of the student at a university, state

college or community college within the System; and (o) All students who have been granted a waiver pursuant to NRS 396.5449 . 3. The Board of Regents may grant more favorable exemptions from tuition charges for

veterans of the Armed Forces of the United States than the exemptions provided pursuant

to subsection 2, if required for the receipt of federal money. 4. The Board of Regents may grant exemptions from tuition charges each semester to

other worthwhile and deserving students from other states and foreign countries, in

a number not to exceed a number equal to 3 percent of the total matriculated enrollment

of students for the last preceding fall semester. 5. The Board of Regents shall not deny an exemption from tuition charges provided

pursuant to subsection 2 to a student on the basis that the student is not lawfully

present in the United States if the student has been granted temporary protected status

by the United States Citizenship and Immigration Services of the United States Department

of Homeland Security. 6. The Board of Regents shall not deny an exemption from tuition charges provided

pursuant to: (a) Paragraphs (a) and (b) of subsection 2 to a student on the basis that the student

is not lawfully present in the United States if the student has received a grant of

deferred action from the United States Department of Homeland Security and: (1) The provisions of 8 U.S.C. § 1623 are repealed, held to be invalid or otherwise cease to have effect; or (2) The Attorney General of this State issues a finding that such a student would

be considered lawfully present in the United States for the purposes of 8 U.S.C. § 1623 . (b) Paragraphs (c) to (o), inclusive, of subsection 2 to a student on the basis that

the student is not lawfully present in the United States if the student has received

a grant of deferred action from the United States Department of Homeland Security.