Resident tuition and fees for Native American or Alaska Native students; qualifications; rules

(1) A public university listed in ORS 352.002 or a community college shall charge an enrolled student who is not a resident of this state and who is attending classes as an undergraduate or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student: (a)(A) Is Native American; or (B) Is an Alaska Native; and (b)(A) Received a diploma under ORS 329.451; (B) Completed grade 12 in compliance with the requirements of ORS 339.035; or (C) Completed grade 12 at a private or parochial school, as described in ORS 339.030 (1)(a). (2) As used in this section: (a) “Alaska Native” means an individual who is an Eskimo or Aleut or other Alaska Native; and (b) “Native American” means an individual who: (A) Is a member of a federally recognized Native American tribe or band, as defined by the tribe or band; (B) Is a member of a Native American tribe or band, as defined by the tribe or band, that had the tribe or band’s federal recognition terminated in 1940 or later; or (C) Is a member of a Native American tribe that is historically based in Oregon, as determined by the Higher Education Coordinating Commission by rule.