1. (1) A public university listed in ORS 352.002 or a community college shall charge an enrolled student who is not a resident of this state and who is attending classes as an undergraduate or graduate student on a public university or community college campus in this state tuition and fees no greater than the resident rate if the student:

   1. (a)

      1. (A) Is Native American; or
      2. (B) Is an Alaska Native; and

   2. (b)

      1. (A) Received a diploma under ORS 329.451;
      2. (B) Completed grade 12 in compliance with the requirements of ORS 339.035; or
      3. (C) Completed grade 12 at a private or parochial school, as described in ORS 339.030 (1)(a).

2. (2) As used in this section:

   1. (a) “Alaska Native” means an individual who is an Eskimo or Aleut or other Alaska Native; and

   2. (b) “Native American” means an individual who:

      1. (A) Is a member of a federally recognized Native American tribe or band, as defined by the tribe or band;
      2. (B) Is a member of a Native American tribe or band, as defined by the tribe or band, that had the tribe or band’s federal recognition terminated in 1940 or later; or
      3. (C) Is a member of a Native American tribe that is historically based in Oregon, as determined by the Higher Education Coordinating Commission by rule.

[2019 c.287 §1]