# Title 15 — Education

## Chapter 15-10 — The State Board of Higher Education

### § 15-10-01. State board of higher education - Institutions administered by board.

The state board of higher education shall have the control and administration of the
following state educational institutions:
1. The state university and the school of mines at Grand Forks, with their substations.
2. The North Dakota state university of agriculture and applied science and the
agricultural experiment station at Fargo, with their substations or centers.
3. The school of science at Wahpeton.
4. The Valley City state university, Mayville state university, Minot state university, and
Dickinson state university.
5. The following colleges: Bismarck state college, Dakota college at Bottineau, Lake
Region state college, and Williston state college.
6. And such other state institutions of higher education as may be established.
### § 15-10-01.1. Board of higher education to assume jurisdiction over junior colleges and

off-campus educational centers.
Repealed by S.L. 1999, ch. 154, § 2.
### § 15-10-01.2. North Dakota university system - Unified system of higher education.

The institutions of higher education under the control of the state board of higher education
are a unified system of higher education, as established by the board, and are designated as
the North Dakota university system.
### § 15-10-02. Membership of state board of higher education - Advisers.

1. The state board of higher education consists of eight members, all of whom must be
appointed by the governor in accordance with section 6 of article VIII of the
Constitution of North Dakota.
2. The council of college faculties shall annually appoint one individual to serve as an
adviser to the state board. The adviser may attend and participate in all meetings of
the state board but may not vote.
3. The staff senate annually shall appoint one individual to serve as an adviser to the
state board. The adviser may attend and participate in all meetings of the state board
but may not vote.
### § 15-10-03. Terms of office.

Repealed by S.L. 1999, ch. 154, § 2.
### § 15-10-04. Failure of senate to confirm nomination to board - Procedure.

Repealed by S.L. 1999, ch. 154, § 2.
### § 15-10-05. Appointments to fill vacancies when legislative assembly not in session.

Repealed by S.L. 1999, ch. 154, § 2.
### § 15-10-06. Removal - Impeachment only.

Repealed by S.L. 1999, ch. 154, § 2.
### § 15-10-07. Oath of office - Quorum.

Before entering upon the duties of their offices, the members appointed to the state board of
higher education shall take and subscribe the oath required of civil officers. A majority of the
members appointed to the board constitutes a quorum for the transaction of business.

### § 15-10-08. Compensation of board members - Expenses - Legislative appropriations.

Each member of the state board of higher education, except the student member, is entitled
to receive as compensation one hundred forty-eight dollars per day for each calendar day
actually spent devoted to the duties of office, and necessary expenses in the same manner and
amounts as other state officials for attending meetings and performing other functions of office.
The legislative assembly shall provide adequate funds to carry out the functions and duties of
the board.
### § 15-10-09. President and secretary of board - Appointment - Term.

The state board of higher education shall elect one of its members annually to serve as
president of the board for a term of one year. It shall elect a competent person as secretary, who
shall hold office at the will of the board and shall reside, during the secretary's term of office, in
the city of Bismarck.
### § 15-10-10. State commissioner of higher education - Qualification - Appointment -

Term - Removal.
The state board of higher education, as soon as practicable, shall appoint, for a term of not
to exceed three years, a state commissioner of higher education whose principal office must be
at the state capitol. The commissioner of higher education is responsible to the board and is
removable by the board for cause. The commissioner must be a graduate of some reputable
college or university who by training and experience is familiar with the problems peculiar to
higher education. The commissioner must be the chief executive officer of the board and shall
perform such duties as must be prescribed by it.
### § 15-10-10.1. State commissioner of higher education - Contract terms - Institution

position.
The state board of higher education may enter into a personnel contract with the state
commissioner of higher education. The personnel contract may provide for the commissioner to
become a faculty or staff member at an institution under the control of the state board of higher
education when the contract term is complete. The salaries and wages of a person who
becomes a faculty or staff member pursuant to this section must be paid from the appropriation
to the North Dakota university system office. The North Dakota university system office may not
assess institutions under the control of the state board of higher education to recover the cost of
the salaries and wages paid pursuant to this section.
### § 15-10-11. Authority and general powers of board.

The state board of higher education has full authority over the institutions under its control
with the right to prescribe, limit, or modify the courses offered at the several institutions. In
furtherance of its powers, the board has the power to delegate to its employees details of the
administration of the institutions under its control. The board has authority to organize or
reorganize, within constitutional and statutory limitations, the work of each institution under its
control, and to do everything necessary and proper for the efficient and economical
administration thereof.
### § 15-10-12. Board may accept gifts and bequests - Deposit of funds.

The state board of higher education may, subject to the limitations of section 15-10-12.1,
receive donations, gifts, grants, and bequests offered or tendered to or for the benefit of any
institution of higher education under its control or subject to its administration, and all moneys
coming into the hands of the board as donations, gifts, grants, and bequests must be used for
the specific purpose for which they are donated or given. A special revenue fund, for each
institution of higher education under the control of the board or subject to its administration,
must be maintained within the state treasury and all institutional income from tuition collections
must be placed in the special fund for the use of the institution for which the money was raised.
All rent, interest, or income from land, money, or property, donated or granted by the United
States and allocated to specific institutions of higher learning under the terms of the Enabling

Act and the Constitution of North Dakota must be deposited in the special revenue fund of each
institution and expended in accordance with section 1 of article IX of the Constitution of North
Dakota. Moneys in the special revenue fund are subject to legislative appropriations. All other
funds, unless restricted by the terms of a grant, donation, or bequest, received by the
institutions from federal, state, and local grants and contracts, indirect cost recoveries, special
student fees, room and board fees and other auxiliary enterprise fees, student activity fees,
continuing education program fees, internal service fund revenues, and all other revenues must
be deposited in the institution special revenue funds. The state treasurer shall immediately
transfer the funds deposited in the special revenue funds to institution accounts in the Bank of
North Dakota. Biennial estimates of revenue and expenditures of the other funds by source of
funds must be presented at the same time biennial budget requests for appropriations from the
special revenue fund and state general fund are prepared and submitted to the office of the
budget. Payments from each institution's general fund appropriation must be made in amounts
as may be necessary for the operation and maintenance of each institution, except that at the
close of the biennium the balance of funds not paid from the general fund appropriation must be
deposited in the special revenue funds of the institutions. All such appropriations are subject to
proration in the same manner as other appropriations are prorated if insufficient funds are
available to meet expenditures from the general fund. Sinking funds for the payment of interest
and principal of institutional revenue bonds must be deposited pursuant to section 15-55-06.
### § 15-10-12.1. Acceptance of buildings and campus improvements - Legislative

approval.
The state board of higher education may authorize campus improvements and building
maintenance on land under the control of the board which are financed by donations, gifts,
grants, and bequests if the cost of the improvement or building maintenance is not more than
seven hundred thousand dollars. The consent of the legislative assembly is required for
construction of any building or any addition to a building on land under the control of the board
which is financed by donations, gifts, grants, and bequests. The consent of the legislative
assembly is required for campus improvements or building maintenance financed by donations,
gifts, grants, and bequests if the cost of the improvements or maintenance is more than seven
hundred thousand dollars. During the time the legislative assembly is not in session, except for
the three months preceding the convening of a regular session and the three months following
the close of a regular session, and unless otherwise restricted by previous legislative action or
other law, the budget section may authorize the use of land under the control of the board and
construct buildings financed by donations, gifts, grants, and bequests and campus
improvements and building maintenance financed by donations, gifts, grants, and bequests if
the cost of the improvement or maintenance is more than seven hundred thousand dollars. Any
project request submitted to the budget section for the construction of a building financed by
donations, gifts, grants, and bequests must include the removal of a building or buildings with an
equivalent or greater total number of square feet compared to the proposed building. The
budget section approval must comply with section 54-35-02.9 and must include a specific dollar
limit for each building, campus improvement project, or maintenance project. The state board of
higher education may authorize the sale of any real property or buildings which an institution of
higher learning has received by gift or bequest. The board shall prescribe such conditions for
the sale of the property as it determines necessary. The conditions must include requiring an
appraisal and public auction or advertisement for bids, unless the gift instrument requires a
different process. If the state board of higher education submits a request for campus
improvements, building maintenance, or to construct buildings under this section to the budget
section for approval, the legislative council shall notify each member of the legislative assembly
of the date of the budget section meeting at which the request will be considered and provide a
copy of the meeting agenda to each member of the legislative assembly. The chairman of the
budget section shall allow any member of the legislative assembly an opportunity to present
testimony to the budget section regarding any such request.

### § 15-10-12.2. College and university investment income.

All income earned on college and university funds not deposited in the state treasury must
be retained by those funds.
### § 15-10-12.3. Capital construction projects - Local fund sources - Local matching funds

- Report to budget section.
If any institution under the control of the state board of higher education undertakes a
capital construction project, including any renovation or expansion, with the approval of the
legislative assembly, all local funds to be used for the project must be derived from sources that
have been presented to and approved by the legislative assembly or the budget section
pursuant to section 15-10-12.1. The source of any local matching funds required for
state-funded or bonded projects must be funds raised and designated for the project and may
not include funding from the state general fund, state and federal grant and contract funds,
tuition or fees, endowment or investment income, institutional sales and services income
including indirect and administrative costs, or transfers or loans from other institutions' funds or
agency funds unless the institution has received prior approval from the legislative assembly or
from the budget section pursuant to section 15-10-12.1. Each institution undertaking a capital
construction project that was approved by the legislative assembly and for which local funds are
to be used shall present a biennial report to the budget section of the legislative management
detailing the source of all funds used in the capital construction project, including local funds.
This section applies to projects approved after July 1, 2001.
### § 15-10-13. Faculties of institutions under supervision of state board of higher

education - Rules and regulations.
In each institution of higher education under the control and subject to the administration of
the state board of higher education, the faculty shall consist of the president, instructors,
teachers, and assistants. The faculty shall adopt, subject to such rules and regulations as the
state board of higher education may establish, all necessary rules and regulations for the
government of the school.
### § 15-10-13.1. Faculty - English language proficiency.

Any professor, instructor, teacher, assistant, or graduate assistant at a state institution of
higher education must exhibit written and verbal proficiency in the English language. Any
deficiency must be remedied by special training or coursework provided by the institution.
### § 15-10-13.2. Public institutions of higher education - Faculty members - Oath or

affirmation.
1. Before entering upon the discharge of duties, every faculty member employed by an
institution of higher education under the control of the state board of higher education
shall take the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the
United States and the Constitution of the state of North Dakota, and that I will
faithfully discharge the duties of my position, according to the best of my ability.
2. The faculty member shall execute the oath or affirmation in duplicate. One copy of the
oath or affirmation must be filed with the state board of higher education. The faculty
member shall retain the other copy.
### § 15-10-13.3. Public institutions of higher education - Alien faculty members - Oath or

affirmation.
Before entering upon the discharge of duties, an individual who is not a citizen of the United
States but who is a faculty member employed by an institution of higher education under the
control of the state board of higher education shall take an oath or affirmation to support the
institutions and policies of the United States during the period of the individual's employment
within the state.

### § 15-10-13.4. Academic tenure - Policy - Evaluations.

1. By July 1, 2026, institutions of higher education under the control of the state board of
higher education offering faculty academic tenure shall develop and adopt a policy for
tenured and tenure-track faculty employed by the institution, which:
a. Defines progression and advancement criteria at each stage of tenure
progression, including criteria for continued post-tenure review.
b. Establishes a procedure for annual evaluation of all nontenure, tenure-track, and
tenured faculty by the president of the institution or the designee of the president.
c. Establishes a procedure for post-tenure evaluations, which must be informed by
the annual evaluations under subdivision b and conducted by a committee
appointed by the president of the institution or the designee of the president. The
first post-tenure evaluation must be completed within three years. Subsequent
post-tenure evaluations must be completed at least every five years or more
frequently.
d. Provides the composition of a culminating post-tenure evaluation committee must
include the administrative supervisor of the faculty member being evaluated, at
least one ranking administrator, and tenured faculty comprising no less than
one-third and no more than one-half of the committee.
e. Defines the outcome of an unsatisfactory review of post-tenured faculty, which
may be removal from the position. The decision to remove faculty from a position
must be made by the employing institution and the state board of higher
education.
f. Is approved by the state board of higher education.
g. Provides for a hearing and appeal process for a faculty member aggrieved by the
policy adopted under this subsection or decision made by the committee under
subdivision c.
2. Advertisement of open faculty positions by institutions of higher education under the
control of the state board of higher education offering faculty academic tenure must
designate the position as nontenure-track or tenure-track. Upon offering a tenure-track
position to a candidate, the institution shall provide the candidate the policy required
under this section.
### § 15-10-13.5. Presidential searches.

The state board of higher education is responsible for appointment of presidents at
institutions under the control of the board. Upon notification that the position of an institution
president will become vacant, the state board of higher education may authorize a search
committee to conduct a search for a new president. The state board of higher education may
retain the services of a consultant, determined and selected by the search committee, to assist
the search committee.
### § 15-10-14. Accounts and records of institutions - Examination and audit.

Repealed by S.L. 2001, ch. 162, § 7.
### § 15-10-14.1. Higher education reports.

The state board of higher education shall submit the reports required pursuant to section
### § 15-10-14.2. Higher education system strategic plan - Reports.

1. The state board of higher education shall adopt a strategic planning process and
develop a strategic plan to define and prioritize university system goals and objectives.
The board shall provide an annual performance and accountability report regarding
performance and progress toward the goals outlined in the university system's
strategic plan and accountability measures.
2. The state board of higher education shall report to the legislative assembly during
each regular legislative session regarding the status of higher education in this state.

### § 15-10-15. Budget requests - Duties of institution heads.

Repealed by S.L. 2001, ch. 162, § 7.
### § 15-10-16. Control of funds and appropriations of educational institutions.

The state board of higher education has the control of the expenditure of the funds
belonging and allocated to the institutions under its control and also of those appropriated by the
legislative assembly for such institutions, but funds appropriated by the legislative assembly and
specifically designated for any one or more of such institutions may not be used for any other
institution.
### § 15-10-16.1. Loans from Bank of North Dakota.

Institutions under the board of higher education are authorized to borrow, and the Bank of
North Dakota is authorized to loan to those institutions, amounts not to exceed ninety percent of
the value of an institution's certificate of deposit held by the Bank. The term of the loan may not
exceed the term of the certificate of deposit offered as security for the loan. The loans are
subject to such additional terms and conditions as may be established by the Bank.
### § 15-10-17. Specific powers and duties of the state board of higher education.

The state board of higher education has all the powers and shall perform all the duties
necessary to the control and management of the institutions described in this chapter. The state
board of higher education shall establish a policy ensuring transparent communication between
members of the board on all topics relating to the specific powers and duties under section 6 of
article VIII of the Constitution of North Dakota and this section. Each member must have equal
access to all current and historic information relating to the specific powers and duties under
section 6 of article VIII of the Constitution of North Dakota and this section. In addition to the
powers and duties specified in section 6 of article VIII of the Constitution of North Dakota, the
board may:
1. a. Subject to section 15-10-13.4, appoint and remove the president or other faculty
head, and the professors, instructors, teachers, officers, and other employees of
the several institutions under the board's control, fix the salaries for those
positions within the limits of legislative appropriations; and fix the terms of office
and prescribe the duties of the positions.
b. Appoint and remove the commissioner of higher education, fix the
commissioner's salary within the limits of legislative appropriations, and prescribe
the commissioner's duties.
c. Appoint and remove all university system office personnel, fix their salaries within
the limits of legislative appropriations, fix their terms of office, and prescribe their
duties.
d. The board may hold an executive session to consider the appointment or removal
of the commissioner of higher education, or a president or other faculty head,
professor, instructor, teacher, officer, or other employee of an institution under the
board's control unless the individual involved requests the meeting be open to
other individuals or the public.
2. Authorize the employment of law enforcement officers having jurisdiction on property
owned or leased by the state board of higher education to enforce laws and
regulations at its institutions, or as otherwise provided in this subsection.
a. A law enforcement officer employed by North Dakota state university has
jurisdiction on all property owned or leased by the state board of higher education
and property on and within the boundaries of the intersection of nineteenth
avenue north and Dakota drive south to eighth avenue north, eighth avenue north
east to tenth street north, tenth street north north to nineteenth avenue north,
nineteenth avenue north west to Dakota drive.
b. A law enforcement officer employed by the university of North Dakota has
jurisdiction on all property owned or leased by the state board of higher education
and property on and within the boundaries of the intersection of demers avenue

and north fifty-fifth street, north fifty-fifth street north to university avenue,
university avenue east to north forty-second street, north forty-second street north
to gateway drive, gateway drive east to north columbia road, north columbia road
south to tenth avenue north, tenth avenue north east to north twenty-fifth street,
north twenty-fifth street south to sixth avenue north, sixth avenue north east to
north twentieth street, north twentieth street south to fifth avenue north, fifth
avenue north west to north twenty-third street, north twenty-third street south to
university avenue, university avenue east to north twenty-first street, north
twenty-first street south to dyke avenue, dyke avenue east to north washington
street, north washington street south to demers avenue, and demers avenue
west to north fifty-fifth street. Jurisdiction under this subdivision includes Grand
Forks international airport.
c. A law enforcement officer employed by the North Dakota state college of science
has jurisdiction on all property owned or leased by the state board of higher
education and property on and within the boundaries of the intersection of
seventh avenue north and eleventh street north, eleventh street north to sixteenth
avenue north, sixteenth avenue north west to fourth street north, and fourth street
north south to seventh avenue north.
d. A law enforcement officer employed by Bismarck state college has jurisdiction on
all property owned or leased by the state board of higher education and property
on and within the boundaries of the area delineated by the intersections of
schafer street and canary avenue, canary avenue and edwards avenue, edwards
avenue and schafer street, edwards avenue and ward road, ward road and
college drive, and college drive and schafer street.
e. A law enforcement officer employed by an institution under the control of the state
board of higher education who is in "fresh pursuit" may continue beyond the
jurisdictional boundaries of each institution to make an arrest, in compliance with
a warrant or without a warrant under the conditions of section 29-06-15, if
obtaining the aid of peace officers having jurisdiction beyond that limit would
cause a delay permitting escape. As used in this subdivision, "fresh pursuit" has
the same meaning as in section 29-06-07.
f. The state board of higher education may enter a joint powers agreement with a
political subdivision to enable law enforcement from the political subdivision and
law enforcement from the institution to provide secondary response to each other
outside the jurisdictional boundaries provided in this subsection.
g. Notwithstanding any other provision of law or joint powers agreement, any
misdemeanor or felony violation of law occurring in or on property owned or
leased by the state board of higher education or within the extraterritorial
jurisdiction must be filed in district court unless the primary law enforcement
officer involved is not employed by the state board of higher education. An
infraction or noncriminal offense occurring in or on property owned or leased by
the state board of higher education or within the extraterritorial jurisdiction may be
filed in municipal court.
3. Set tuition and fees.
4. a. Establish a retirement program as an alternative to chapter 15-39.1 for university
system employees subject to the following guidelines:
(1) Benefits under the program must be provided through annuity contracts
purchased by the board but which become the property of the participants;
(2) The cost of the annuity contracts must be defrayed by contributions made
pursuant to rules of the state board of higher education;
(3) Eligible employees appointed before July 1, 1973, shall participate in the
alternate retirement program only by their individual election. When the
electing eligible employee is a member of the teachers' fund for retirement,
the employee's assessments and employer's contributions together with
interest credited at the current rate for one-year certificates then being paid
by the Bank of North Dakota must be transferred to the employee's account

in the alternate program. The election must be made before July 1, 1980,
and shall relinquish all rights the eligible employee or the employee's
beneficiary may have to benefits provided in chapters 15-39 and 15-39.2;
and
(4) Employees of the university system who are members of the public
employees retirement system under chapter 54-52 or 54-52.6 and who
become entitled to participate in the alternate retirement program are
entitled to a special annuity purchase in the alternate retirement program in
accordance with this subdivision. An eligible employee who consents to
have that employee's contribution included is entitled to have that
employee's contribution and employer's contribution, with interest, in the
public employees retirement system fund, used by the retirement board of
the public employees retirement system to purchase for that employee an
annuity in the alternate retirement program in lieu of any other rights under
the public employees retirement fund. However, before the employer's
contribution may be used for an annuity purchase, the employee's combined
years of service with the public employees retirement system and the
alternate retirement program must equal or exceed the years of service
necessary to be eligible for retirement benefits under the public employees
retirement system. An employee who transferred from the public employees
retirement system before March 30, 1987, and who received a refund of that
employee's contribution is entitled to have the employer's contribution, with
interest, used to purchase an annuity even if that employee did not
purchase an annuity in the alternate employee program with the employee's
contribution. If an employee makes the election allowed under this
subdivision, that employee relinquishes all rights the employee or any of the
employee's beneficiaries may have had to benefits provided under chapters
54-52 and 54-52.6.
b. Provide for the administration of the alternate retirement program and establish
rules for the program consistent with this subsection. This subsection does not
derogate any existing retirement programs approved by the board.
5. Determine policy for purchasing by the university system in coordination with the office
of management and budget as provided by law.
6. Establish by rule an early retirement program for faculty and officers of the board as
defined by the board. The limitations on severance pay pursuant to section 54-14-04.3
and on requiring the employee to pay contributions to continue on the state uniform
group insurance program upon retirement or upon termination of employment pursuant
to section 54-52.1-03 do not apply to the early retirement program.
7. Adopt rules to protect the confidentiality of student records, medical records, and,
consistent with section 44-04-18.4, trade secret, proprietary, commercial, and financial
information.
8. Authorize and encourage university system entities to enter into partnerships, limited
liability companies, joint ventures, or other contractual arrangements with private
business and industry for the purpose of business or industrial development or
fostering basic and applied research or technology transfer.
9. Adopt rules promoting research, encouraging development of intellectual property and
other inventions and discoveries by university system employees, and protecting and
marketing the inventions and discoveries. The rules must govern ownership or transfer
of ownership rights and distribution of income that may be derived from an invention or
discovery resulting from research or employment in the university system. The rules
may provide for transfer of ownership rights or distribution of income to a private,
nonprofit entity created for the support of the university system or one of its
institutions.

### § 15-10-17.1. Conduct of students and others and use of facilities of state colleges and

universities.
Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-17.2. Claims against institutions of higher education - Continuing

appropriation.
Repealed by S.L. 1995, ch. 329, § 14.
### § 15-10-17.3. Political advertising - Student housing.

A state institution of higher education may not include in student housing leases provisions
that prohibit lessees from placing political advertisements on the leased property. A political
advertising sign placed on student housing property must be placed in compliance with any
applicable city ordinance relating to signs.
### § 15-10-17.4. Contract - Preparation and provision of meals - Policy.

1. An institution under the control of the state board of higher education may enter a
contract to prepare and provide meals, snacks, or other food services for persons or
programs not affiliated with the institution and may provide catering services for an
event if the event is organized predominantly for persons affiliated with the institution,
the event is held predominantly for persons enrolled in the institution, or the event is
held under the auspices of the institution, provided the institution first establishes a
policy regarding such services and specifically addresses issues related to competition
with private sector entities.
2. The limitations provided under subsection 1 do not apply to an institution under the
control of the state board of higher education if no private sector entity located in the
same city as the institution is capable and willing to meet the facility or personnel
requirements necessary to:
a. Prepare and provide the meals, snacks, or other food services for a specific
event; or
b. Provide the catering services for a specific event.
3. An institution under the control of the state board of higher education may not
advertise to the general public its willingness to provide the services permitted under
this section.
4. Nothing in this section may be construed to limit the activities of a private sector entity
that provides meals, snacks, or other food services to an institution of higher education
under the provisions of a contract.
### § 15-10-17.5. Quorums of state board of higher education committees.

1. The state board of higher education may create committees comprised of voting
members of the board. The scope of authority for a committee created under this
section must be defined in a policy adopted by the board, and the committee's actions
may not exceed that scope.
2. If a committee comprised of voting members of the board constitutes a quorum of the
board, a properly noticed meeting of the committee does not constitute a meeting of
the board. Actions of the committee do not constitute actions of the board.
3. If a committee comprised of voting members of the board constitutes, in whole or in
part, a quorum of another committee of the board, a properly noticed meeting of one
committee's meeting does not constitute a meeting of the other committee, unless the
meeting of the other committee also is properly noticed. Actions taken at the meeting
are limited to the scope of authority of the committee for which the meeting was
noticed properly.

### § 15-10-18. Tuition of nonresidents at schools under control of state board of higher

education.
At all state institutions of higher education, tuition must be charged and collected from each
nonresident student in such amount as must be determined by the state board of higher
education.
### § 15-10-18.1. Waiver of tuition at state institutions for North Dakota youth correctional

center graduates.
Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-18.2. Definitions.

1. "Dependent" for purposes of section 15-10-18.3 means:
a. A child, stepchild, spouse, widow, or widower of a resident veteran, as "veteran"
is defined in section 37-01-40, who was killed in action or died from wounds or
other service-connected causes, has a one hundred percent service-connected
disability as determined by the department of veterans' affairs, has an
extra-schedular rating to include individual unemployability which results in the
veteran being paid at the one hundred percent rate as determined by the
department of veterans' affairs, died from service-connected disabilities, was a
prisoner of war, or was declared missing in action;
b. A child, stepchild, spouse, widow, or widower of a veteran, as defined in section
37-01-40, who was killed in action or died from wounds or other service-
connected causes, has a one hundred percent service-connected disability as
determined by the department of veterans' affairs, has an extra-schedular rating
to include individual unemployability which results in the veteran being paid at the
one hundred percent rate as determined by the department of veterans' affairs,
died from service-connected disabilities, was a prisoner of war, or was declared
missing in action, provided the spouse, widow, or widower, or the child's or
stepchild's other parent, has been a resident of this state and was a resident of
this state at the time of death or determination of total disability of the veteran;
c. A child, stepchild, spouse, widow, or widower of a veteran, as defined in section
37-01-40, who was killed in action or died from wounds or other service-
connected causes, has a one hundred percent service-connected disability as
determined by the department of veterans' affairs, has an extra-schedular rating
to include individual unemployability which results in the veteran being paid at the
one hundred percent rate as determined by the department of veterans' affairs,
died from service-connected disabilities, was a prisoner of war, or was declared
missing in action, provided the spouse, widow, or widower, or the child's or
stepchild's other parent, establishes residency in this state and maintains that
residency for a period of five years immediately preceding the spouse's, widow's,
widower's, child's, or stepchild's enrollment at an institution under the control of
the state board of higher education; or
d. A widow or widower of a veteran, as defined in section 37-01-40, who is receiving
United States department of veterans affairs dependency and indemnity
compensation and satisfies the residency requirement in subdivision a, b, or c.
For purposes of this subdivision, sufficient proof of receipt of United States
department of veterans affairs dependency and indemnity compensation includes
correspondence directed to a qualifying veteran's widow or widower by the United
States department of veterans affairs which indicates the widow or widower is a
survivor of the qualifying veteran and is in receipt of United States department of
veterans affairs dependency and indemnity compensation.
For purposes of this subsection, if the determination of disability or service-connected
death occurs subsequent to the qualifying veteran's death through application of a law
that renders a surviving spouse of a qualifying veteran eligible for United States
department of veterans' affairs disability and indemnity compensation, the

determination for purposes of qualification as a dependent under this subsection is
presumed to precede the veteran's death.
2. "Resident veteran" means a veteran who:
a. Was born in and lived in this state until entrance into the armed forces of the
United States;
b. Was born in, but was temporarily living outside this state, not having abandoned
residence therein prior to entrance into the armed forces of the United States;
c. Was born elsewhere but had resided within this state for at least six months prior
to entrance into military service and had prior to or during such six-month period:
(1) Registered for voting, or voted in this state;
(2) Being an unemancipated minor during such period of residence, had lived
with a parent or person standing in loco parentis who had acquired a
residence as set forth in this section; or
(3) If not registered for voting in this state, not registered for voting in another
state; or
d. Has been a resident of this state for the five years prior to the request for tuition
waiver.
3. "Stepchild's other parent" means the spouse, widow, or widower of a veteran.
### § 15-10-18.3. Free tuition in North Dakota institutions of higher education.

A dependent, as defined in section 15-10-18.2, upon being duly accepted for enrollment into
an undergraduate degree or certificate program of a North Dakota state institution of higher
education, must be allowed to obtain a bachelor's degree or certificate of completion, for so long
as the dependent is eligible, free of any tuition and fee charges if tuition and fee charges do not
include costs for aviation flight charges or expenses. Once an individual qualifies as a
dependent under section 15-10-18.2 and this section, the dependent may not be disqualified
from the benefits of this section:
1. Due to the return of the prisoner of war;
2. Due to the return of the individual missing in action; or
3. Because the veteran through whom the benefit was obtained had a one hundred
percent service-connected disability at the time of death.
### § 15-10-18.4. Definitions.

For purposes of section 15-10-18.5:
1. "Firefighter" means a person who is a member of a paid or volunteer fire department
that is a part of, or administered by, this state, any political subdivision of this state, or
a rural fire protection district.
2. "Peace officer" means:
a. Any person employed by a state law enforcement agency or a political
subdivision of the state who is charged with the prevention and detection of crime
and the enforcement of the criminal laws of the state and who has full power of
arrest; or
b. A correctional officer employed by the state or a political subdivision of the state.
3. "Stepchild" means a child of the decedent's spouse or predeceased spouse, and not of
the decedent.
4. "Survivor" means, at the time of the firefighter's or peace officer's death, the
firefighter's or peace officer's biological or adopted child under the age of twenty-one,
stepchild under the age of twenty-one, and spouse.
### § 15-10-18.5. Free tuition in North Dakota institutions of higher education for survivor

of firefighter, emergency medical services personnel, or peace officer.
If a firefighter, an emergency medical services personnel as defined under section
23-27-04.3, or a peace officer dies as a direct result of injuries received while engaged in the
performance of official duties under circumstances dangerous to human life, the survivor, upon
being duly accepted for enrollment into any undergraduate degree or certificate program of a

North Dakota state institution of higher education, must be allowed to obtain a bachelor's
degree or certificate of completion, for so long as the dependent is eligible, free of any tuition
and fee charges; provided, however, that the bachelor's degree or certificate of completion is
earned within a forty-five-month or ten-semester period or its equivalent; and further provided
that tuition and fee charges may not include costs for aviation flight charges or expenses.
### § 15-10-19. Nonresident student for tuition purposes defined - Exceptions.

Repealed by S.L. 1993, ch. 166, § 2.
### § 15-10-19.1. Nonresident and resident student for tuition purposes defined.

1. A "nonresident student" for tuition purposes means any student other than a resident
student.
2. A "resident student" for tuition purposes means:
a. An individual whose guardian, custodial parent, or parents are legal residents of
this state and have resided in this state for twelve months, or a dependent child
whose custodial parent moved into the state with the intent to establish legal
residency for a period of years within the last twelve months immediately prior to
the beginning of the academic term;
b. An individual of age eighteen or over who is a legal resident of this state and has
resided in this state after reaching age eighteen for twelve months immediately
prior to the beginning of the academic term;
c. An individual who graduated from a North Dakota high school;
d. (1) A full-time active duty member of the armed forces;
(2) A member of the national guard;
(3) A member of the armed forces reserve component; or
(4) A veteran, as defined in section 37-01-40;
e. A benefited employee of the North Dakota university system;
f. The spouse of:
(1) A full-time active duty member of the armed forces;
(2) A member of the national guard;
(3) A member of the armed forces reserve component;
(4) A veteran, as defined in section 37-01-40, including a veteran eligible to
transfer entitlement under the Post 9-11 Veterans Educational Assistance
Act of 2008 [38 U.S.C. 3301];
(5) A benefited employee of the North Dakota university system; or
(6) Any other individual who is a resident for tuition purposes;
g. A dependent of:
(1) A full-time active duty member of the armed forces;
(2) A member of the national guard;
(3) A member of the armed forces reserve component;
(4) A veteran, as defined in section 37-01-40, including a veteran eligible to
transfer entitlement under the Post 9-11 Veterans Educational Assistance
Act of 2008 [38 U.S.C. 3301]; or
(5) A benefited employee of the North Dakota university system;
h. An individual who was a legal resident of this state for at least three consecutive
years within six years of the beginning of the academic term;
i. A child, spouse, widow, or widower of a veteran as defined in section 37-01-40
who was killed in action or died from wounds or other service-connected causes,
was totally disabled as a result of service-connected causes, died from
service-connected disabilities, was a prisoner of war, or was declared missing in
action;
j. A covered individual as defined by section 702 of Public Law No. 113-146 [128
Stat. 1797; 38 U.S.C. 3679]; or
k. An individual certified by a director of the peace corps as having completed
service as a peace corps volunteer.

3. A temporary absence from the state for vacation or other special or temporary
purposes may not be considered an abandonment of residency in this state, provided
a residence is maintained in this state during the temporary absence. However, a
student who leaves the state and resides in another state for a period of months is not
considered a resident of this state during those months if the student does not
maintain a place of residence in this state during the student's absence.
### § 15-10-20. Tuition at model schools in higher educational institutions - Attendance

authorized by district school board.
Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-21. Military instruction required.

Repealed by S.L. 1991, ch. 162, § 1.
### § 15-10-22. Course in cooperatives required.

Repealed by S.L. 1991, ch. 162, § 1.
### § 15-10-23. Lease of building sites on educational institution grounds.

Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-24. Monthly statements of institutional expenditures and payroll to board of

higher education.
Repealed by S.L. 1973, ch. 132, § 6.
### § 15-10-25. Abstracts of expenditures and payroll to the office of management and

budget.
Repealed by S.L. 2001, ch. 162, § 7.
### § 15-10-25.1. Out-of-state travel by persons employed by the institutions under the

control of the board of higher education.
Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-26. Appropriations.

Repealed by S.L. 1965, ch. 120, § 6.
### § 15-10-27. Appropriations for specific purposes - Payment.

Repealed by S.L. 1965, ch. 120, § 6.
### § 15-10-28. Agreements with other states' institutions of higher learning and regional

education compacts.
The state board of higher education may enter into agreements with institutions of higher
learning in other states and regional education compacts. The board, subject to the limits of
legislative appropriations, may make such expenditures as are necessary for the purpose of
utilizing the educational facilities of such institutions for teaching North Dakota students. In
addition, the board may enter into agreements with institutions of higher learning in other states
and regional education compacts for the acceptance of students from other states in North
Dakota institutions of higher learning.
### § 15-10-28.1. Board of higher education to require note from veterinary medicine,

optometry, or dental student - Repayment.
Repealed by S.L. 1983, ch. 198, § 1.

### § 15-10-28.2. Regional veterinary medical education program - Authority to enter

agreements - Limitations.
1. The state board of higher education may enter into agreements with the university of
Nebraska board of regents and with the appropriate governing boards or institutions of
higher education in other states to provide a program of regional veterinary medical
education and services.
2. Any agreements entered pursuant to subsection 1 may provide for the following:
a. Service by the university of Nebraska as the degree-granting institution.
b. Assumption by the university of Nebraska of final responsibility for the overall
governance and administration of the educational aspects of the program.
c. Cooperation by the North Dakota state university of agriculture and applied
science in providing input in the establishment of policies relating to curriculum,
academic standards, student admissions, and other matters.
3. Within the limits of legislative appropriations, any agreements entered pursuant to
subsection 1 may provide for the payment by the state board of higher education of
North Dakota's share of the cost of facility construction in Nebraska based upon the
proportion of North Dakota students in the program, provided any such payment is
based upon a per student annual facilities use charge.
4. Within the limits of legislative appropriations, any agreements entered pursuant to
subsection 1 may provide for the payment by the state board of higher education of
North Dakota's share of the operating costs during the planning, startup, and full
operational phases, based upon the proportion of North Dakota students in the
program.
### § 15-10-29. Higher education facilities commission - Membership - Appointment - Term

- Vacancies.
Repealed by S.L. 1977, ch. 158, § 4.
### § 15-10-30. Powers and duties.

Repealed by S.L. 1977, ch. 158, § 4.
### § 15-10-31. Federal money received by commission - Where deposited - How

appropriated - How expended.
Repealed by S.L. 1977, ch. 158, § 4.
### § 15-10-32. Compensation of commission members - Travel expenses.

Repealed by S.L. 1977, ch. 158, § 4.
### § 15-10-33. Granting easements to state-owned land by the state board of higher

education.
Repealed by S.L. 1973, ch. 406, § 2.
### § 15-10-34. Authorization of contingency funds at institutions under the board of higher

education.
Repealed by S.L. 1999, ch. 157, § 4.
### § 15-10-35. Investment of endowment funds by the institutions under the control of the

board of higher education.
Repealed by S.L. 1975, ch. 182, § 10.
### § 15-10-36. Student registration with selective service system.

No person who is required by the Military Selective Service Act [Pub. L. 759; 62 Stat. 604;
50 U.S.C. App. 451 et seq.] to register with the selective service system may receive student
financial aid funds from the state until that person has registered. The state board of higher
education may adopt rules to achieve the purpose of this section.

### § 15-10-37. Technology occupations student loan program.

Repealed by S.L. 2019, ch. 3, § 20.
### § 15-10-38. Loans - Teacher shortages - Loan forgiveness.

Repealed by S.L. 2019, ch. 146, § 4.
### § 15-10-38.1. Skilled workforce student loan repayment program - Skilled workforce

student loan repayment program fund - Continuing appropriation - Report.
1. There is created in the state treasury the skilled workforce student loan repayment
program fund. The fund consists of moneys transferred into the fund by the legislative
assembly, matching funds received, and loan repayments. Moneys in the fund are
appropriated to the state board of higher education on a continuing basis for the
purpose of distributing student loan repayment grants directly to the Bank of North
Dakota or other participating lender to repay outstanding student loan principal
balances for eligible applicants. The state board of higher education may transfer
money between this fund and the skilled workforce scholarship fund established in
section 15-10-38.2.
2. The state board of higher education shall adopt policies and procedures to develop,
implement, promote, and administer a skilled workforce student loan repayment
program in cooperation with the Bank of North Dakota and the North Dakota workforce
development council with the intent of attracting and retaining individuals for
professional or technical skills in high demand in this state.
3. The North Dakota workforce development council in cooperation with job service North
Dakota shall use available labor market information to determine annually the eligible
high-demand professional and technical skills and emerging occupations in this state.
4. Graduates of degree or certificate programs from institutions or entities in any state
may apply for the skilled workforce student loan repayment program. To be eligible to
receive student loan repayment grants under the program, the applicant:
a. Must have successfully completed an educational program from an institution of
higher education;
b. Must have a student loan with the Bank of North Dakota or other participating
lender;
c. Following completion of an educational program, must reside and work in this
state in an eligible high-demand or emerging occupation or reside within fifty
miles [80.47 kilometers] of this state and work in this state in an eligible
high-demand or emerging occupation; and
d. Must have met and shall continue to meet any requirements established in
applicable state board of higher education procedures.
5. The requirement under subdivision c of subsection 4 is met if an individual is enrolled
in or has completed a master of science degree in nursing while teaching four clinical
credits per year and resides and works in this state in an occupation requiring the
degree.
6. The state board of higher education shall adopt procedures to ensure compliance with
residency and occupation requirements after completion of the educational program.
7. The state board of higher education shall distribute student loan repayment grants
from the skilled workforce student loan repayment program fund directly to the Bank of
North Dakota or other participating lender to repay outstanding student loan principal
balances for eligible applicants. The maximum annual student loan repayment grant
amount for which an applicant may qualify is five thousand six hundred sixty-seven
dollars, or one-third of the applicant's outstanding student loan principal balance upon
initial application for the program, whichever is less. The maximum total student loan
repayment grant amount for which any applicant may qualify is seventeen thousand
dollars.
8. If an individual is receiving loan forgiveness under any other state program, the
individual may not receive a student loan repayment grant under this section during
the same application year.

9. An individual may receive a combined total of no more than seventeen thousand
dollars under this section and the skilled workforce scholarship program under section
15-10-38.2.
10. The state board of higher education shall provide one dollar of funding for each one
dollar of funds raised from the private sector or other public sources. Any matching
funds received must be deposited in the skilled workforce student loan repayment
program fund.
11. An applicant for student loan repayment under this section is ineligible if the applicant:
a. Provides or directs matching funds; or
b. Is the husband, wife, father, mother, brother, sister, son, daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild,
uncle, aunt, niece, nephew, or grandchild of:
(1) The individual providing or directing matching funds; or
(2) An individual authorized to make decisions on behalf of an entity providing
or directing matching funds, including a controlling shareholder, member of
the governing body, director, or managing partner.
12. The state board of higher education shall provide a biennial program report to the
legislative management by September first of each even-numbered year. The report
must include information regarding:
a. The eligible high-demand professional and technical skills and emerging
occupations;
b. The number of applicants, eligible applicants, and applicants receiving awards;
c. The amount of matching funds raised; and
d. The average and total amounts awarded under the program.
### § 15-10-38.2. Skilled workforce scholarship program - Skilled workforce scholarship

fund - Continuing appropriation - Report.
1. There is created in the state treasury the skilled workforce scholarship fund. The fund
consists of moneys transferred into the fund by the legislative assembly, matching
funds received, and scholarship repayments. Moneys in the fund are appropriated to
the state board of higher education on a continuing basis for the purpose of providing
grants to institutions of higher education related to skilled workforce scholarships.
Institutions of higher education include institutions under the control of the state board
of higher education, North Dakota nonpublic accredited institutions of higher
education, tribally controlled community colleges, state-approved educator training
programs, and North Dakota institutions approved to operate by the North Dakota
board of career and technical education. The state board of higher education may
transfer money between this fund and the skilled workforce student loan repayment
program fund established in section 15-10-38.1.
2. The state board of higher education shall adopt policies and procedures to develop,
implement, promote, and administer a skilled workforce scholarship program in
cooperation with the Bank of North Dakota and the North Dakota workforce
development council with the intent of attracting and retaining individuals for
professional or technical skills in high demand in this state.
3. The North Dakota workforce development council in cooperation with job service North
Dakota shall use available labor market information to determine annually the eligible
high-demand professional and technical skills and emerging occupations in this state.
4. The state board of higher education and the workforce development council shall
compile a list of qualifying educational programs annually. A qualifying educational
program:
a. Is a program resulting in attainment of an associate's degree or lower credential
program that may be completed within four semesters, six quarters, or the final
two years of a baccalaureate program.
b. Must pertain to the professional and technical skills and emerging occupations in
high demand in this state, as determined under subsection 3.
c. May include degree or certificate programs.

d. Notwithstanding any other requirements under this subsection, is a program
resulting in attainment of a master of science degree in nursing, if the individual
teaches four clinical credits per calendar year.
5. Individuals enrolled in a qualifying educational program in this state may apply for a
scholarship under this section. Scholarships are limited to the amount charged each
quarter, semester, or term by the educational institution for the tuition, fees, books, and
supplies required for the qualifying educational program. The scholarships are
intended to supplement any other scholarship or financial aid grant received by a
student to assist the student with the costs of the qualifying educational program. An
individual may not receive a combined total exceeding seventeen thousand dollars
under this section and the skilled workforce loan repayment program under section
15-10-38.1.
6. To be eligible for a scholarship payment under this section, a student must be enrolled
full time in an eligible program and have at least a 2.5 cumulative grade point average,
based on a 4.0 grading system, or maintain academic progress in the program
according to program requirements. A student may not receive scholarships under this
section for more than the equivalent of four semesters of full-time enrollment or
six quarters of full-time enrollment.
7. Upon completion of a qualifying educational program, a student who received a
scholarship under this section must reside and work in this state in an eligible
high-demand or emerging occupation for a minimum of three years or reside within
fifty miles [80.47 kilometers] of this state and work in this state in an eligible
high-demand or emerging occupation for a minimum of three years.
8. Except as provided in subsection 9, an individual shall repay the scholarship,
excluding the matching funds portion of the scholarship, pursuant to the terms in the
individual's scholarship award agreement if the individual fails to maintain academic
progress according to program requirements while enrolled, withdraws voluntarily or
involuntarily before the completion of the program for which a scholarship has been
received, or fails to comply with subsection 7.
9. An individual who receives a scholarship under this section and who transfers from
one eligible academic program to another eligible academic program must complete
the program within two years and meet all other eligibility requirements to be exempt
from the repayment provisions under subsection 8.
10. The state board of higher education, in conjunction with the Bank of North Dakota,
may allow an individual who received payment under this section to delay or cancel
repayment under this section due to financial difficulty, military service, death, or total
disability.
11. Each quarter, semester, or term, the state board of higher education shall distribute
grants to institutions of higher education to provide the amounts necessary for the
scholarships awarded to the students enrolled in each institution.
12. The state board of higher education shall provide one dollar of funding for each
one dollar raised from the private sector or other public sources. Any matching funds
received must be deposited in the skilled workforce scholarship fund.
13. An applicant for a scholarship payment under this section is ineligible if the applicant:
a. Provides or directs matching funds; or
b. Is the husband, wife, father, mother, brother, sister, son, daughter, father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepchild,
uncle, aunt, niece, nephew, or grandchild of:
(1) The individual providing or directing matching funds; or
(2) An individual authorized to make decisions on behalf of an entity providing
or directing matching funds, including a controlling shareholder, member of
the governing body, director, or managing partner.
14. The state board of higher education may not issue a scholarship under this section
which is in excess of the total cost of attendance, as determined by the institution of
higher education, when considering all financial aid sources.

15. The state board of higher education shall provide a biennial program report to the
legislative management by September first of each even-numbered year. The report
must include information regarding:
a. The eligible high-demand professional and technical skills and emerging
occupations;
b. The qualifying educational programs;
c. The number of applicants, eligible applicants, and applicants receiving awards;
d. The amount of matching funds raised; and
e. The average and total amounts awarded under the program.
### § 15-10-38.3. Scholarship and loan forgiveness administrative costs.

The state board of higher education shall retain up to one and one-half percent of any funds
appropriated to the board under subsection 1 of section 15-10-38.1 and subsection 1 of section
### § 15-10-38.2. The retained funds must be used for promotion and administration of the programs

under those sections.
### § 15-10-38.4. Dual-credit courses - Tuition scholarship program - Administered by the

board.
1. The state board of higher education shall administer a dual-credit tuition scholarship
program to offer a tuition scholarship to students. The board shall adopt procedures to
administer the program.
2. An eligible student may apply to the board to receive a scholarship toward the cost of
tuition and fees at the accredited in-state public, private, or tribal institution of higher
education at which the student is enrolled. To be eligible to receive a scholarship, an
individual must:
a. Be enrolled and have completed at least one semester, quarter, or term at a
public, private, or tribal institution of higher education with a physical presence in
the state;
b. Have:
(1) Graduated from a high school in the state;
(2) Graduated from a high school in a bordering state under chapter 15.1-29;
(3) Graduated from a nonpublic high school in a bordering state while residing
with a custodial parent in this state; or
(4) Completed a program of home education under chapter 15.1-23; and
c. Have successfully completed at least one dual-credit course provided by an
accredited public, private, or tribal institution in the state while enrolled in high
school or a program of home education in the state.
3. The state board of higher education shall provide an eligible student with a tuition
scholarship equal to two hundred fifty dollars for one successfully completed
dual-credit course, five hundred dollars for two successfully completed dual-credit
courses, or seven hundred fifty dollars for three or more successfully completed
dual-credit courses. The dual-credit courses must be provided by an accredited public,
private, or tribal institution in the state, and completed by the student while in high
school or a program of home education. A scholarship received by a student during
any semester, quarter, or term of enrollment under this section may not exceed the
cost of tuition and fees for the semester, quarter, or term.
4. The board may not issue a scholarship under this section which is in excess of the
total cost of attendance, as determined by the institution of higher education, when
considering all financial aid sources.
### § 15-10-39. Fees - Room and meals - Authorization.

An institution of higher education may charge a fee for room and meals when provided by
the institution in connection with summer programs at the institution for which high school credit
is awarded. If a student or the student's parent or guardian is unable to pay the fee for room and
meals, the institution shall waive the fee.

### § 15-10-40. Long-term lease and leaseback transaction revenue.

The board shall use revenue earned from long-term lease and leaseback transactions
under chapter 54-01 for the repair and upkeep of campus buildings commonly referred to as
deferred maintenance projects.
### § 15-10-41. Centers of excellence.

Repealed by S.L. 2005, ch. 151, § 16.
### § 15-10-42. Faculty - English pronunciation - Policy - Report.

The state board of higher education shall create a policy for all institutions under its control,
relating to the assessment of faculty and teaching assistant communication skills, including the
ability to speak English clearly and with good pronunciation, the notification to students of
opportunities to file complaints, the process for responding to student complaints, and the
resolution of reported communication problems.
### § 15-10-43. Veterinary medical education program - Kansas state university - Contract.

1. In addition to any contracts under section 15-10-28.2, the state board of higher
education may contract with Kansas state university to provide an opportunity for up to
five eligible students to enroll in the veterinary medical education program at Kansas
state university.
2. Eligible students must be residents of this state and must have been selected for
enrollment by an admissions committee consisting of one faculty member appointed
by the vice president for agricultural affairs at North Dakota state university, one
veterinarian practicing in this state, one member of the legislative assembly, and one
livestock producer, all of whom must be appointed by the legislative management, and
the chairman of the admissions committee at the Kansas state university school of
veterinary medicine. The legislative management and the chairman of the admissions
committee at the Kansas state university school of veterinary medicine may select an
alternative for each of the designated positions to serve as necessary.
3. The admissions committee shall determine the criteria to be used in the selection of
eligible students, with eligible students interested in large animal veterinary medicine
receiving a priority.
### § 15-10-43.1. Professional student exchange programs - Bank of North Dakota -

Agreements - Repayment.
Repealed by S.L. 2021, ch. 128, § 2.
### § 15-10-43.2. Professional student exchange programs - Repayment waiver.

The state board of higher education shall waive repayment requirements for individuals
participating in a professional student exchange program in veterinary medicine, dentistry, or
optometry who entered an agreement with the state board of higher education pursuant to
repealed section 15-10-43.1 during the biennium beginning July 1, 2019, and ending June 30,
2021.
### § 15-10-44. Higher education information technology - Board duties - Reports.

1. The state board of higher education shall manage and regulate information technology
planning and services for institutions under its control, including:
a. Development of information technology policies, standards, and guidelines in
coordination with the information technology department.
b. Implementation of a process for project management oversight and reporting.
c. Integration of higher education information technology planning and reporting with
the board's strategic planning process and annual performance and
accountability report required by section 15-10-14.2.
d. Participation in internet2 or other advanced higher education or research-related
networking projects as provided in section 54-59-08.

e. Development of an annual report concerning higher education information
technology planning and services.
f. Requiring utilization by each institution under the control and supervision of the
board of systemwide electronic mail services provided by the board for all public
business electronic correspondence.
g. Development and implementation of an electronic mail retention policy for the
board and institutions under the supervision and control of the board which
requires retention of nonstudent employee electronic mail messages for at least
one year after the creation or receipt of the message unless the electronic mail
message includes malware or regulated information as defined under section
54-59.1-01.
2. The state board of higher education shall collaborate with the information technology
department to coordinate higher education information technology planning with
statewide information technology planning.
3. The state board of higher education shall provide advice to the information technology
department regarding the development of policies, standards, and guidelines relating
to access to or use of wide area network services as provided by section 54-59-09.
4. The state board of higher education shall present information regarding higher
education information technology planning, services, and major projects to the
information technology committee on request of the committee.
### § 15-10-44.1. Required use of electronic mail, file server administration, database

administration, application server, and hosting services.
Each institution and entity under the control of the state board of higher education shall
obtain electronic mail, file server administration, database administration, research computing,
storage, application server, and hosting services through a delivery system established by the
board. The board shall establish policies and guidelines for the delivery of services, including
the transition from existing systems to functional consolidation, with consideration given to the
creation of efficiencies, cost-savings, and improved quality of service.
### § 15-10-44.2. Audits of computer systems - Penalty.

1. Any auditor hired to conduct audits of the state board of higher education and the
entities under the control and supervision of the board may:
a. Conduct a review and assessment of any computer system or related security
system of the state board of higher education or any entity under the control and
supervision of the board. A review and assessment under this section may
include an assessment of system vulnerability, network penetration, any potential
security breach, and the susceptibility of the system to cyber attack or cyber
fraud.
b. Disclose the findings of a review and assessment to an individual or committee
designated by the state board of higher education or to the board. Any record
relating to a review and assessment, including a working paper or preliminary
draft of a review and assessment report and a report of the findings of a review
and assessment, and any record that may cause or perpetuate vulnerability of a
computer system or related security system which is obtained or created during a
review and assessment is an exempt record.
c. In conjunction with the state board of higher education or a committee designated
by the board, procure the services of a specialist in information security systems
or any other contractor deemed necessary in conducting a review and
assessment under this section.
2. Any person hired or contracted to provide services in relation to a review and
assessment under this section is subject to the privacy and confidentiality provisions of
subsection 1 and any other section of law, including section 44-04-27, and for the
purposes of section 12.1-13-01, is a public servant.

### § 15-10-44.3. Internal auditor and compliance officer working papers.

1. For purposes of this section:
a. "Compliance officer" means the compliance officer of the North Dakota university
system.
b. "Higher education internal auditor" means an internal auditor of the North Dakota
university system and the institutions under the control of the state board of
higher education.
2. Working papers of a higher education internal auditor or compliance officer are not
public records and are exempt from section 44-04-18. Working papers include records
kept by a higher education internal auditor or compliance officer of the procedures
applied, the tests performed, the information obtained, draft audit and compliance
reports, and the pertinent conclusions reached in the engagement.
3. At the discretion of a higher education internal auditor or compliance officer, working
papers may be made available for inspection. A draft audit or compliance report
released to the governing body or management of the audited entity is confidential
until the final report is issued or work ceases on the engagement. The issued audit or
compliance report is public information. The working papers of an issued audit or
compliance report are public except for any information designated as confidential or
exempt from disclosure by state or federal law. At the discretion of a higher education
internal auditor or compliance officer, all or a portion of the working papers of an
issued audit or compliance report may be declared confidential. The declaration of
confidentiality must state the reason for the confidentiality and the date, as reasonably
may be determined at the time, when the working papers will be made public.
### § 15-10-45. Telecommunications and information services competition prohibited -

Report.
1. The northern tier network, part of a national research network infrastructure, serves
entities within and outside this state. The North Dakota university system may use the
northern tier network infrastructure only for the purpose of supporting the research and
education missions of the North Dakota university system. The North Dakota university
system may not use the northern tier network infrastructure for traditional internet,
voice, video, or other telecommunications services beyond those required for research
networks.
2. The North Dakota university system or any entity associated with the university system
may not resell any portion of the northern tier network infrastructure to nonuniversity
entities other than research collaborators.
3. The northern tier network may not replace any wide area network services to any city,
county, or school district which are provided by the information technology department
under section 54-59-08.
4. The North Dakota university system shall provide a comprehensive biennial report of
northern tier network activities for the 2007-09 biennium and must submit to a biennial
audit of the northern tier network activities beginning with the 2009-11 biennium.
### § 15-10-46. University of North Dakota fighting Sioux nickname and logo.

Repealed by S.L. 2011, ch. 580, § 2.
### § 15-10-46.1. University of North Dakota athletic nickname and logo.

Neither the state board of higher education nor the university of North Dakota may adopt or
implement an athletic nickname or corresponding logo before January 1, 2015.
### § 15-10-47. Construction projects at institutions of higher education - Variance reports.

1. Whenever any new construction, renovation, or repair, valued at more than two
hundred fifty thousand dollars is underway on the campus of an institution of higher
education under the control of the state board of higher education, the board shall

provide semiannual project variance reports to the director of the office of
management and budget. Each report must include:
a. The name or a description of the project;
b. The expenditure authorized by the legislative assembly;
c. The amount of the original contract;
d. The amount of any change orders;
e. The amount of any potential or anticipated change orders;
f. The sum of subdivisions c through e and the amount by which that sum varies
from the expenditure authorized by the legislative assembly;
g. The total expended for the project to date; and
h. The scheduled date of completion as noted in the original contract and the latest
available scheduled date of completion.
2. The state board of higher education also shall provide to the director of the office of
management and budget, at the same time as the project variance report required by
subsection 1:
a. A brief description of each change order included in subdivision d of subsection 1;
and
b. A list of each public and nonpublic entity that has a contractually reflected
financial obligation with respect to the project.
3. The office of management and budget shall review the information received under this
section and provide reports to the budget section of the legislative management upon
request.
### § 15-10-48. Advancement of academics - Matching grants - University of North Dakota

and North Dakota state university.
1. a. Subject to legislative appropriations, each biennium during the period beginning
July first of each odd-numbered year and ending December thirty-first of each
even-numbered year, the state board of higher education shall award one dollar
in matching grants for every two dollars raised by the institutional foundations of
the university of North Dakota and North Dakota state university for projects
dedicated exclusively to the advancement of academics.
b. To be eligible for a matching grant, an institution must demonstrate that:
(1) Its foundation has raised at least fifty thousand dollars in cash or monetary
pledges for a qualifying project; and
(2) The project has been approved by the grant review committee established
in section 15-10-51.
(3) The institution is not sponsoring, partnering with, applying for grants with, or
providing a grant subaward to any person or organization that performs, or
promotes the performance of, an abortion unless the abortion is necessary
to prevent the death of the woman, and not participating in or sponsoring
any program producing, distributing, publishing, disseminating, endorsing, or
approving materials of any type or from any organization, that between
normal childbirth and abortion, do not give preference, encouragement, and
support to normal childbirth. This paragraph does not apply to agreements
entered into with medical hospitals and clinics by the university of North
Dakota school of medicine and health sciences or by any nursing education
program at an institution under the control of the state board of higher
education.
c. The board may award up to three million two hundred forty-five thousand dollars
in matching grants each to the university of North Dakota and North Dakota state
university; and up to two million six hundred forty-five thousand dollars in
matching grants to the university of North Dakota school of medicine and health
sciences. Of the amount available to the university of North Dakota, two hundred
fifty thousand dollars must be awarded for projects dedicated to projects at the
school of law.

2. a. If any available dollars have not been awarded by the board before January first
of each odd-numbered year, in accordance with subsection 1, either the
university of North Dakota or North Dakota state university may apply for an
additional matching grant.
b. An application submitted under this subsection must meet the same criteria as an
original application.
c. The board shall consider each application submitted under this subsection in
chronological order.
d. If the remaining dollars are insufficient to provide a matching grant in the amount
of one dollar for every two dollars raised by the institutional foundation, the board
shall award a lesser amount.
3. The state board of higher education shall retain up to one-quarter of one percent of
any grant awarded under this section to assist with administrative expenses incurred in
the grant review process.
### § 15-10-48.1. Clinical legal education, including indigent legal services, and faculty

recruitment and retention - Matching grants - University of North Dakota school of law.
Repealed by S.L. 2023, ch. 3, § 37.
### § 15-10-48.2. Agricultural research and extension - Matching grants - North Dakota

state university agricultural experiment station.
1. a. Subject to legislative appropriations, each biennium the state board of higher
education shall award one dollar in matching grants for every two dollars raised
by the institutional foundation of North Dakota state university for projects
dedicated exclusively to agricultural research and extension at the agricultural
experiment station. Notwithstanding section 15-10-53, awards under this section
may be used for endowments, academic scholarships, operations, facility repair
projects, and new capital construction projects.
b. To be eligible for a matching grant, the institution shall demonstrate:
(1) Its foundation has raised at least twenty-five thousand dollars in cash or
monetary pledges for a qualifying project; and
(2) The project has been approved by the grant review committee established
in section 15-10-51.
c. The board may award up to two million six hundred forty-five thousand dollars in
matching grants under this section.
d. If the remaining dollars are insufficient to provide a matching grant in the amount
of one dollar for every two dollars raised by the institutional foundation, the board
shall award a lesser amount.
2. The state board of higher education shall retain up to one-quarter of one percent of
any grant awarded under this section to assist with the administrative expenses
incurred in the grant review process.
### § 15-10-49. Advancement of academics - Matching grants - Two-year and four-year

institutions of higher education.
1. a. Subject to legislative appropriations, each biennium during the period beginning
July first of each odd-numbered year and ending December thirty-first of each
even-numbered year, the state board of higher education shall award one dollar
in matching grants for every two dollars raised by the institutional foundations of
Bismarck state college, Dakota college at Bottineau, Dickinson state university,
Lake Region state college, Mayville state university, Minot state university, North
Dakota state college of science, Valley City state university, and Williston state
college for projects dedicated exclusively to the advancement of academics.
b. To be eligible for a matching grant, an institution must demonstrate that:
(1) Its foundation has raised at least twenty-five thousand dollars in cash or
monetary pledges for a qualifying project; and

(2) The project has been approved by the grant review committee established
in section 15-10-51.
(3) The institution is not sponsoring, partnering with, applying for grants with, or
providing a grant subaward to any person or organization that performs, or
promotes the performance of, an abortion unless the abortion is necessary
to prevent the death of the woman, and not participating in or sponsoring
any program producing, distributing, publishing, disseminating, endorsing, or
approving materials of any type or from any organization, that between
normal childbirth and abortion, do not give preference, encouragement, and
support to normal childbirth. This paragraph does not apply to agreements
entered into with medical hospitals and clinics by the university of North
Dakota school of medicine and health sciences or by any nursing education
program at an institution under the control of the state board of higher
education.
c. The board may award up to:
(1) Two million forty-five thousand dollars each to Bismarck state college,
Dickinson state university, Minot state university, and the North Dakota state
college of science;
(2) One million three hundred twenty thousand dollars each to Mayville state
university and Valley City state university; and
(3) Seven hundred twenty thousand dollars each to Dakota college at
Bottineau, Lake Region state college, and Williston state college.
2. a. If any available dollars have not been awarded by the board before January first
of each odd-numbered year, in accordance with subsection 1, any institution
listed in subsection 1 may apply for an additional matching grant.
b. An application submitted under this subsection must meet the same criteria as an
original application.
c. The board shall prioritize available dollars allocated in paragraph 1 of
subdivision c of subsection 1 to applicants in paragraph 1 of subdivision c of
subsection 1. The board shall prioritize available dollars allocated in paragraph 2
of subdivision c of subsection 1 to applicants in paragraph 2 of subdivision c of
subsection 1. The board shall prioritize available dollars allocated in paragraph 3
of subdivision c of subsection 1 to applicants in paragraph 3 of subdivision c of
subsection 1.
d. After considering applications pursuant to subdivision c, the board shall consider
each application submitted under this subsection in chronological order.
e. If the remaining dollars are insufficient to provide a matching grant in the amount
of one dollar for every two dollars raised by the institutional foundation, the board
shall award a lesser amount.
3. The state board of higher education shall retain up to one-quarter of one percent of
any grant awarded under this section to assist with administrative expenses incurred in
the grant review process.
### § 15-10-50. Liability for pledged amount.

If in accordance with section 15-10-48, 15-10-48.1, or 15-10-49, the state board of higher
education provides grant funds to an institution, on the basis of a monetary pledge, and if the
amount forthcoming is less than the amount pledged, the institutional foundation is liable to the
institution for any shortfall.
### § 15-10-51. Grant review committee.

1. There is created a grant review committee consisting of:
a. The governor, or the governor's designee, who shall serve as the chairman;
b. Two members of the house of representatives appropriations committee, selected
by the majority leader of the house of representatives;
c. Two members of the senate appropriations committee, selected by the majority
leader of the senate;

d. Two members appointed by the governor, with the consent of the legislative
management; and
e. Two members appointed by the state board of higher education, with the consent
of the legislative management.
2. The gubernatorial appointees must have an understanding of higher education's role in
advancing agriculture, the arts, commerce and finance, manufacturing, mineral
extraction, natural resources, and the professions.
3. The grant review committee shall establish its rules of operation and procedure and
shall develop and publish the criteria upon which all requests for matching grants will
be reviewed.
4. a. A request for a matching grant may be presented to the committee by:
(1) The president of the institution; or
(2) A designee of the president.
b. Either presenter may be accompanied by other individuals having an expertise
with respect to the project.
c. If the request is to be presented by a designee of a president, the designee must
provide to the committee a written statement signed by the president and
certifying that the president has full knowledge of all aspects of the request, as it
is presented.
### § 15-10-52. Grant review committee - Compensation.

Each member of the grant review committee is entitled to receive compensation in the
amount of one hundred thirty-five dollars per day plus reimbursement for expenses as provided
by law for state officers if the member is attending meetings or performing duties directed by the
committee. The compensation provided for in this section may not be paid to any member of the
committee who receives a salary or other compensation as an employee or official of this state if
the individual is serving on the committee by virtue of the individual's state office or state
employment.
### § 15-10-53. Definition.

For purposes of sections 15-10-48 through 15-10-52, projects dedicated to the
advancement of enhanced academics include investments in research, scholarships,
technology, endowed chairs, and investments in educational infrastructure, but exclude
scholarships intended solely for the benefit of athletics, campus facility repair projects, and new
capital construction projects.
### § 15-10-54. Assessment of institutions.

Expired under S.L. 2013, ch. 135, § 2.
### § 15-10-55. Student journalists - Freedom of expression - Civil remedy.

1. As used in this section:
a. "Protected activity" means an expression of free speech or freedom of the press.
b. "School-sponsored media" means any material that is prepared, substantially
written, published, or broadcast by a student journalist at a public institution of
higher education, distributed or generally made available to members of the
student body, and prepared under the direction of a student media adviser. The
term does not include any media intended for distribution or transmission solely in
the classroom in which the media is produced.
c. "Student journalist" means a student of a public institution of higher education
who gathers, compiles, writes, edits, photographs, records, or prepares
information for dissemination in school-sponsored media.
d. "Student media adviser" means an individual employed, appointed, or designated
by a public institution of higher education to supervise or provide instruction
relating to school-sponsored media.

2. Except as provided in subsection 3, a student journalist has the right to exercise
freedom of speech and of the press in school-sponsored media, regardless of whether
the media is supported financially by the institution or by use of facilities of the
institution or produced in conjunction with a class in which the student is enrolled.
Subject to subsection 3, a student journalist is responsible for determining the news,
opinion, feature, and advertising content of school-sponsored media. This subsection
may not be construed to prevent a student media adviser from teaching professional
standards of English and journalism to student journalists. A student media adviser
may not be dismissed, suspended, or disciplined for acting to protect a student
journalist engaged in a protected activity or for refusing to infringe on a protected
activity.
3. This section does not authorize or protect expression by a student that:
a. Is libelous, slanderous, or obscene;
b. Constitutes an unwarranted invasion of privacy;
c. Violates federal or state law; or
d. So incites students as to create a clear and present danger of the commission of
an unlawful act, the violation of institution or state board of higher education
policies, or the material and substantial disruption of the orderly operation of the
institution.
4. An expression of free speech or freedom of the press made by a student journalist
under this section may not be construed as an expression of school policy. A school,
school official, employee, or parent or legal guardian of a student journalist may not be
liable in any civil or criminal action for an expression of free speech or freedom of the
press made by a student journalist, except in the case of willful or wanton misconduct.
### § 15-10-56. Disciplinary proceedings - Right to counsel for students and organizations -

Appeals.
1. Any student enrolled at an institution under the control of the state board of higher
education has the right to be represented, at the student's expense, by the student's
choice of either an attorney or a nonattorney advocate, who may fully participate
during any disciplinary proceeding or during any other procedure adopted and used by
that institution to address an alleged violation of the institution's rules or policies. This
right applies to both the student who has been accused of the alleged violation and to
the student who is the accuser or victim. This right only applies if the disciplinary
proceeding involves a violation that could result in a suspension or expulsion from the
institution. This right does not apply to matters involving academic misconduct. Before
the disciplinary proceeding is scheduled, the institution shall inform the students in
writing of the students' rights under this section.
2. Any student organization officially recognized by an institution under the control of the
state board of higher education has the right to be represented, at the student
organization's expense, by the student organization's choice of either an attorney or
nonattorney advocate, who may fully participate during any disciplinary proceeding or
during any other procedure adopted and used by the institution to address an alleged
violation of the institution's rules or policies. This right only applies if the disciplinary
proceeding involves a violation that could result in the suspension or the removal of
the student organization from the institution. This right applies to both the student
organization that has been accused of the alleged violation and to the accuser or
victim.
3. a. Any student who is suspended or expelled from an institution under the control of
the state board of higher education for a violation of the rules or policies of that
institution and any student organization that is found to be in violation of the rules
or policies of that institution must be afforded an opportunity to appeal the
institution's initial decision to an institutional administrator or body that did not
make the initial decision for a period of one year after receiving final notice of the
institution's decision. The right to appeal the result of the institution's disciplinary
proceeding also applies to the student who is the accuser or victim.

b. The right of the student or the student organization under subsection 1 or 2 to be
represented, at the student's or the student organization's expense, by the
student's or the student organization's choice of either an attorney or a
nonattorney advocate, also applies to the appeal.
c. The issues that may be raised on appeal include new evidence, contradictory
evidence, and evidence that the student or student organization was not afforded
due process. The institutional body considering the appeal may consider police
reports, transcripts, and the outcome of any civil or criminal proceeding directly
related to the appeal.
4. Upon consideration of the evidence, the institutional body considering the appeal may
grant the appeal, deny the appeal, order a new hearing, or reduce or modify the
suspension or expulsion. If the appeal results in the reversal of the decision or a
lessening of the sanction, the institution may reimburse the student for any tuition and
fees paid to the institution for the period of suspension or expulsion which had not
been previously refunded.
5. For purposes of this section, "fully participate" includes the opportunity to make
opening and closing statements, to examine and cross-examine witnesses, and to
provide the accuser or accused with support, guidance, and advice. This section does
not require an institution to use formal rules of evidence in institutional disciplinary
proceedings. The institution, however, shall make good faith efforts to include relevant
evidence and exclude evidence which is neither relevant or probative.
6. This section does not affect the obligation of an institution to provide equivalent rights
to a student who is the accuser or victim in the disciplinary proceeding under this
section, including equivalent opportunities to have others present during any
institutional disciplinary proceeding, to not limit the choice of attorney or nonattorney
advocate in any meeting or institutional disciplinary proceeding, and to provide
simultaneous notification of the institution's procedures for the accused and the
accuser or victim to appeal the result of the institutional disciplinary proceeding.
### § 15-10-57. Unified workforce, vocational, and technical education program system.

The state board of higher education shall establish and maintain a unified system to offer
workforce training, vocational education, and technical education programs at institutions under
its control. The board shall periodically review programs offered by institutions under its control
and revise program offerings based on the workforce needs of the state identified by the
workforce development council. The board shall develop administrative arrangements that make
possible the efficient use of facilities and staff. The board shall limit administrative costs by
eliminating duplicative administrative positions.
### § 15-10-58. Workforce education advisory council - Membership - Duties.

Repealed by S.L. 2023, ch. 3, § 37.
### § 15-10-59. Annual report - Scholarships.

(Effective through July 31, 2030)
The state board of higher education shall provide to the legislative management an annual
report regarding the number of North Dakota scholarships, North Dakota academic
scholarships, and North Dakota career and technical education scholarships provided and
demographic information pertaining to the recipients.
Annual report - Scholarships. (Effective after July 31, 2030) The state board of higher
education shall provide to the legislative management an annual report regarding the number of
North Dakota scholarships provided and demographic information pertaining to the recipients.
### § 15-10-60. Scholarship endowment fund - Rules.

Repealed by S.L. 2017, ch. 368, § 9.
### § 15-10-61. Dual-credit courses - Pilot program.

Repealed by S.L. 2019, ch. 3, § 20.

### § 15-10-62. Nickel trophy.

To promote national recognition and statewide enthusiasm, the legislative assembly
encourages the university of North Dakota and the North Dakota state university of agriculture
and applied science to play for the nickel trophy during the course of a national collegiate
athletic association football game. If the athletic director or president of either institution elects
not to play for the nickel trophy, the nickel trophy must be permanently displayed in the heritage
center.
### § 15-10-63. Capital projects.

1. The university of North Dakota and North Dakota state university shall identify other
funds from gifts, grants, donations, the university system capital building fund, or other
local funds for at least thirty percent of the total estimated cost of a capital project
request submitted to the legislative assembly.
2. Bismarck state college, lake region state college, Williston state college, the North
Dakota state college of science, Dickinson state university, Mayville state university,
Minot state university, Valley City state university, and Dakota college at Bottineau
shall identify other funds from gifts, grants, donations, the university system capital
building fund, or other local funds for at least five percent of the total estimated cost of
a capital project request submitted to the legislative assembly.
3. An institution under the control of the state board of higher education may undertake a
facility renovation project only if the project will reduce the deferred maintenance
amount of the facility by no less than seventy five percent of the total cost of the
renovation. The institution shall maintain documentation that demonstrates the cost
and scope of the deferred maintenance reduction that results directly from the
renovation. This subsection does not apply to projects undertaken solely to correct
building code deficiencies or to installations of infrastructure determined by the board
to be essential to the mission of the institution.
4. Facility construction and renovation projects undertaken by an institution under the
control of the state board of higher education must conform to campus master plan
and space utilization requirements approved by the state board of higher education.
### § 15-10-64. University of North Dakota men's varsity golf program.

If certain real property known as the Ray Richards golf course or Ray Richards golf course
addition, 3801 demers avenue, lot 1, block 1, and Ray Richards golf course addition, 3501
demers avenue, lot 2, block 1, in the records of the city of Grand Forks, or any portion of the
property, is conveyed, fifty-three and fifty-seven one hundredths percent of the sale price must
be documented and used for improvements to the Ray Richards golf course or for the direct
benefit of the university of North Dakota men's and women's varsity golf programs.
### § 15-10-65. Student voting documents.

An institution of higher education under the control of the state board of higher education
may issue students enrolled at the institution a printable document containing the institution's
letterhead or seal using a self-service process. The document must contain the student's legal
name, current residential address in the state, the date the residential address was established,
and date of birth. When issuing the document to students, an institution of higher education
under the control of the state board of higher education shall provide each student with
information regarding voter eligibility requirements.
### § 15-10-66. State commissioner of higher education - Board member information

access - Report to the legislative management.
The state commissioner of higher education shall provide a report to the legislative
management on state board of higher education policies regarding communications between
board members and board member access to current and historic board information.

### § 15-10-67. Records of the North Dakota university system and state board of higher

education.
The North Dakota university system and the state board of higher education may not deny a
member of the governing body access to a record that is closed or confidential, as defined in
chapter 44-04, including a meeting record, whether written or recorded, unless otherwise
prohibited by law.
### § 15-10-68. Restrooms and shower rooms exclusively for males or exclusively for

females.
1. In a dormitory or living facility controlled by an institution under the control of the state
board of higher education, a restroom or shower room accessible by multiple residents
at the same time must be designated for use exclusively for males or exclusively for
females.
2. In a dormitory or living facility controlled by an institution under the control of the state
board of higher education, a restroom or shower room designated for one sex may be
used only by members of that sex.
3. This section applies to a dormitory or a dormitory floor in which residents are
segregated by sex or gender.
4. A dormitory administrator or dormitory staff member shall provide a reasonable
accommodation for a resident, including a transgender or gender-nonconforming
resident, as deemed appropriate by the director of residence life. This section does not
prohibit a dormitory administrator or dormitory staff member from entering a restroom
or shower room designated for the opposite sex in the course of official employment
duties.
### § 15-10-69. Affiliated nonprofit organization funds.

An affiliated nonprofit organization that provides support to and is organized and operated
for the benefit of an institution under the control of the state board of higher education may
deposit money into an institution account in the Bank of North Dakota for the purpose of
benefiting the mission and objectives of the institution. An expenditure made under this section
is deemed to be made for a public purpose and may not be construed as a gift for purposes of
section 18 of article X of the Constitution of North Dakota.
### § 15-10-70. Student organization funds.

Any student organization recognized by an institution under the control of the state board of
higher education may deposit money into institution accounts in the Bank of North Dakota to be
used for the benefit of students and student organizations or for charitable purposes. An
expenditure made under this section is deemed to be made for a public purpose and may not be
construed as a gift for purposes of section 18 of article X of the Constitution of North Dakota.
### § 15-10-71. State commissioner of higher education - Higher education trends - Report

to legislative management.
The state commissioner of higher education shall provide an annual report to the legislative
management regarding trends in higher education, including state and regional student
enrollment, North Dakota university system institution reserves, state and regional tuition rates,
state and regional student financial assistance, and the North Dakota university system's
response to the trends and changes, including new or expanded educational programs, closed
programs, and future budget requests.
### § 15-10-72. Disclosure of financial condition.

The state board of higher education shall provide a disclosure of the financial condition of
an institution to the qualified applicants designated as finalists pursuant to section 44-04-18.27
for the position of president of an institution. The disclosure of financial condition must identify
the institution's reserves, recent audit findings, anticipated future funding changes pursuant to
chapter 15-18.2, and the institution's composite financial index ratio. The state board of higher

education may require the qualified applicants to sign a nondisclosure agreement prior to
receiving the disclosure of financial condition.
### § 15-10-73. Campus policies and procedures.

The president of an institution under the control of the state board of higher education may
adopt policies, procedures, and directives for the institution, with input but no authoritative
control from faculty and others through shared governance. The commissioner of higher
education and the state board of higher education may overturn or amend the president's
policies, procedures, and directives.
### § 15-10-74. Larry C.

Skogen polytechnic institute.
Repealed by S.L. 2025, ch. 36, § 37.
### § 15-10-75. Workforce education innovation program - Report to legislative

management.
1. The state board of higher education may provide award funds to institutions under its
control, excluding the university of North Dakota and North Dakota state university, to
create or enhance educational programs that address the workforce needs of North
Dakota business and industry. An award made under this section may be used for
curriculum development, equipment and technology purchases, facility modifications
and equipment installation, hiring and training new and existing instructors,
educational program promotion, and enhancement of postsecondary partnerships with
primary and secondary schools. An institution may not be awarded more than
one million five hundred thousand dollars pursuant to this section during a biennium.
The state board of higher education shall establish a committee, guidelines, and
application process for administration of the grant program established under this
section.
2. The state board of higher education shall provide a biennial program report to the
legislative management by September first of each even-numbered year. The report
must include information by institution regarding:
a. The number, amount, and type of awards;
b. The name of each educational program created, enhanced, or promoted;
c. The amount and percentage of funds used for leadership and coordination costs;
and
d. Detailed expense reports, including the type of equipment and technology
purchased and the number of instructors hired or trained.
### § 15-10-76. Institutions of higher education - Acceptance of health care sharing

ministries as health care coverage.
1. A student's active participation in a health care sharing ministry, as defined under
chapter 50-37, satisfies any requirement that a student enrolled in an institution of
higher education maintain health care coverage, except as provided in subsection 2.
2. Notwithstanding subsection 1, this section does not apply to an international student
who is required to maintain health insurance coverage in compliance with federal visa
regulations, including students holding J, F, or M visas. Institutions of higher education
shall require these students to obtain a health insurance policy that meets the
minimum standards provided by the United States department of state and a state
board of higher education policy governing health insurance requirements for
international students.
