North Dakota Administrative Code Title 42 - Indian Scholarships, Board for
🔹 Overview: Title 42 – Indian Scholarships, Board for
Title 42 of the North Dakota Administrative Code outlines the rules and regulations governing the North Dakota Indian Scholarship Program, as administered by the Board of Indian Scholarships. The goal of this program is to provide financial assistance to Native American students attending accredited institutions of higher education in North Dakota.
The rules are administrative in nature and implement the North Dakota Century Code (NDCC) Section 15-10-37, which legally establishes the Indian Scholarship Fund and authorizes rulemaking.
🔹 Purpose and Objective
The scholarship program was created to:
Promote higher education opportunities for students of Native American descent.
Increase postsecondary attendance and graduation rates among Indian students.
Provide financial support to eligible students to reduce economic barriers.
Encourage recipients to contribute back to their tribal communities.
🔹 Administrative Authority
The program is administered by the North Dakota University System (NDUS) or its designated department, typically under the authority of the State Board of Higher Education.
Title 42 authorizes the creation of policies, eligibility criteria, and procedures for awarding the scholarships.
Although the "Board for Indian Scholarships" is referenced in the title, the actual administration today is usually done by NDUS officials or delegates.
🔹 Key Provisions of Title 42
1. Eligibility Criteria
To be eligible for the Indian Scholarship, a student must:
Be an enrolled member of a federally recognized Indian tribe.
Be a North Dakota resident, or in some cases, have a tribal affiliation with a tribe whose ancestral lands fall within North Dakota.
Be accepted to or enrolled in an accredited North Dakota institution (public or private).
Be pursuing an associate, bachelor's, or graduate degree.
Maintain satisfactory academic progress, as defined by the school or program.
2. Financial Need
Some scholarship funds may be need-based, requiring submission of a FAFSA (Free Application for Federal Student Aid) or equivalent documentation.
Other portions may be merit-based, depending on the availability of funding.
3. Application Process
Students typically must apply annually for funding.
Applications require documentation of:
Tribal enrollment or Certificate of Indian Blood (CIB)
Academic records (transcripts)
Financial information
Admission or enrollment confirmation
4. Awarding and Renewal
Scholarships are awarded based on:
Availability of funds allocated by the state legislature.
Number of eligible applicants.
Priority may be given to students with financial need or academic merit.
Students must maintain eligibility standards to receive continued funding in subsequent semesters or academic years.
5. Administrative Rules
Rules may cover:
Deadlines for applications and renewals.
Maximum award limits per year or per degree level.
Required documentation standards.
Procedures for appeals, ineligibility, or reinstatement.
🔹 Enforcement and Oversight
While no criminal penalties are attached to these rules, applicants who submit fraudulent information may be denied funding or required to repay.
Oversight is typically done internally by NDUS, and disputes are resolved through administrative appeal processes—not formal litigation.
Appeals can be made if an application is denied or terminated due to incomplete documents, residency disputes, or academic ineligibility.
🔹 Relevant Case Law and Legal Principles
There are no widely reported or published appellate court decisions in North Dakota specifically interpreting or challenging Title 42 of the NDAC. However, several general legal principles and related cases help frame its enforcement:
1. Administrative Law and Due Process
Under the North Dakota Administrative Procedure Act, applicants denied scholarship funding may be entitled to:
Notice of the denial.
A clear explanation of the reason.
An opportunity to appeal or request reconsideration.
This aligns with general administrative law principles requiring fairness and transparency in the distribution of public benefits.
2. Tribal Sovereignty and Jurisdiction
There is occasional legal overlap between state-run programs and tribal jurisdiction. For example:
A student residing on tribal land may question whether state residency rules apply differently.
In State v. Davis, although not directly related to Title 42, the North Dakota Supreme Court reaffirmed that tribal enrollment is a legal status that must be respected in state-administered programs.
While this is not a scholarship case, it reinforces the idea that tribal citizenship confers rights and recognition in public systems—including educational aid programs.
3. Equal Protection and Anti-Discrimination
Scholarships specifically for Native American students must be justified under federal legal standards (e.g., political classification rather than racial). Courts—including the U.S. Supreme Court—have upheld such programs when they serve legitimate governmental interests, such as supporting federally recognized tribes or remedying historical inequities.
🔹 Summary Table
| Category | Details |
|---|---|
| Code Title | NDAC Title 42 — Indian Scholarships, Board for |
| Statutory Basis | NDCC § 15-10-37 |
| Administered by | NDUS / State Board of Higher Education |
| Target Group | Enrolled members of federally recognized Indian tribes |
| Eligibility | ND residency, tribal enrollment, admission to ND college, academic standing |
| Award Basis | Financial need, academic merit, availability of funds |
| Renewal Requirements | Academic progress, continued eligibility, annual re-application |
| Appeals | Administrative procedure under ND law |
| Case Law | No direct cases; guided by general admin law, tribal recognition cases |
🔹 Final Notes
Title 42 primarily functions as a framework for managing and distributing state financial aid to Native American students in a nondiscriminatory, equitable, and accountable manner.
While there’s limited litigation on these specific rules, broader constitutional and administrative law principles apply to ensure fairness and transparency.
The rules help support the educational advancement of tribal communities in North Dakota.
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