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Article 14.
General Provisions as to Tuition
and Fees in Certain State Institutions.
§ 116‑143. State‑supported
institutions of higher education required to charge tuition and fees.
The Board of Governors of the
University of North Carolina shall fix the tuition and fees, not
inconsistent with actions of the General Assembly, at the institutions
enumerated in G.S. 116‑4 in such amount or amounts as it may deem best,
taking into consideration the nature of each institution and program of
study and the cost of equipment and maintenance; and each institution shall
charge and collect from each student, at the beginning of each semester or
quarter, tuition, fees, and an amount sufficient to pay other expenses for
the term.
In the event that said students are
unable to pay the cost of tuition and required academic fees as the same may
become due, in cash, the said several boards of trustees are hereby
authorized and empowered, in their discretion, to accept the obligation of
the student or students together with such collateral or security as they
may deem necessary and proper, it being the purpose of this Article that all
students in State institutions of higher learning shall be required to pay
tuition, and that free tuition is hereby abolished.
Inasmuch as the giving of tuition and
fee waivers, or especially reduced rates, represent in effect a variety of
scholarship awards, the said practice is hereby prohibited except when
expressly authorized by statute or by the Board of Governors of the
University of North Carolina; and, furthermore, it is hereby directed and
required that all budgeted funds expended for scholarships of any type must
be clearly identified in budget reports.
Notwithstanding the above provision
relating to the abolition of free tuition, the Board of Governors of the
University of North Carolina may, in its discretion, provide regulations
under which a full‑time faculty member of the rank of full‑time instructor
or above, and any full‑time staff member of the University of North Carolina
may during the period of normal employment enroll for not more than one
course per semester in the University of North Carolina free of charge for
tuition, provided such enrollment does not interfere with normal employment
obligations and further provided that such enrollments are not counted for
the purpose of receiving general fund appropriations.
(1933, c. 320, s. 1; 1939, cc. 178, 253; 1949, c.
586; 1961, c. 833, s. 16.1; 1963, c. 448, s. 27.1; 1965, c. 903; 1971, c.
845, ss. 6, 10; c. 1086, s. 2; c. 1244, s. 12; 1973, c. 116, s. 1; 1977, c.
605; 1981, c. 859, s. 41.4.)
§ 116‑143.1. Provisions for
determining resident status for tuition purposes.
(a) As defined under this
section:
(1) A "legal resident" or
"resident" is a person who qualifies as a domiciliary of North Carolina; a
"nonresident" is a person who does not qualify as a domiciliary of North
Carolina.
(2) A "resident for tuition
purposes" is a person who qualifies for the in‑State tuition rate; a
"nonresident for tuition purposes" is a person who does not qualify for the
in‑State tuition rate.
(3) "Institution of higher
education" means any of the constituent institutions of the University of
North Carolina and the community colleges under the jurisdiction of the
State Board of Community Colleges.
(b) To qualify as a resident
for tuition purposes, a person must have established legal residence
(domicile) in North Carolina and maintained that legal residence for at
least 12 months immediately prior to his or her classification as a resident
for tuition purposes. Every applicant for admission shall be required to
make a statement as to his length of residence in the State.
(c) To be eligible for
classification as a resident for tuition purposes, a person must establish
that his or her presence in the State currently is, and during the requisite
12‑month qualifying period was, for purposes of maintaining a bona fide
domicile rather than of maintaining a mere temporary residence or abode
incident to enrollment in an institution of higher education.
(d) An individual shall not be
classified as a resident for tuition purposes and, thus, not rendered
eligible to receive the in‑State tuition rate, until he or she has provided
such evidence related to legal residence and its duration as may be required
by officials of the institution of higher education from which the
individual seeks the in‑State tuition rate.
(e) When an individual presents
evidence that the individual has living parent(s) or court‑appointed
guardian of the person, the legal residence of such parent(s) or guardian
shall be prima facie evidence of the individual's legal residence, which may
be reinforced or rebutted relative to the age and general circumstances of
the individual by the other evidence of legal residence required of or
presented by the individual; provided, that the legal residence of an
individual whose parents are domiciled outside this State shall not be prima
facie evidence of the individual's legal residence if the individual has
lived in this State the five consecutive years prior to enrolling or
reregistering at the institution of higher education at which resident
status for tuition purposes is sought.
(f) In making domiciliary
determinations related to the classification of persons as residents or
nonresidents for tuition purposes, the domicile of a married person,
irrespective of sex, shall be determined, as in the case of an unmarried
person, by reference to all relevant evidence of domiciliary intent. For
purposes of this section:
(1) No person shall be precluded
solely by reason of marriage to a person domiciled outside North Carolina
from establishing or maintaining legal residence in North Carolina and
subsequently qualifying or continuing to qualify as a resident for tuition
purposes;
(2) No persons shall be deemed
solely by reason of marriage to a person domiciled in North Carolina to have
established or maintained a legal residence in North Carolina and
subsequently to have qualified or continued to qualify as a resident for
tuition purposes;
(3) In determining the domicile
of a married person, irrespective of sex, the fact of marriage and the place
of domicile of his or her spouse shall be deemed relevant evidence to be
considered in ascertaining domiciliary intent.
(g) Any nonresident person,
irrespective of sex, who marries a legal resident of this State or marries
one who later becomes a legal resident, may, upon becoming a legal resident
of this State, accede to the benefit of the spouse's immediately precedent
duration as a legal resident for purposes of satisfying the 12‑month
durational requirement of this section.
(h) No person shall lose his or
her resident status for tuition purposes solely by reason of serving in the
armed forces outside this State.
(h1) Any member of a North
Carolina National Guard unit who is a nonresident shall be eligible to be
charged the in‑State tuition rate and shall pay the full amount of the
in‑State tuition rate and applicable mandatory fees. This subsection applies
to members in a reserve or active duty status.
(i) A person who, having
acquired bona fide legal residence in North Carolina, has been classified as
a resident for tuition purposes but who, while enrolled in a State
institution of higher education, loses North Carolina legal residence, shall
continue to enjoy the in‑State tuition rate for a statutory grace period.
This grace period shall be measured from the date on which the culminating
circumstances arose that caused loss of legal residence and shall continue
for 12 months; provided, that a resident's marriage to a person domiciled
outside of North Carolina shall not be deemed a culminating circumstance
even when said resident's spouse continues to be domiciled outside of North
Carolina; and provided, further, that if the 12‑month period ends during a
semester or academic term in which such a former resident is enrolled at a
State institution of higher education, such grace period shall extend, in
addition, to the end of that semester or academic term.
(j) Notwithstanding the prima
facie evidence of legal residence of an individual derived pursuant to
subsection (e), notwithstanding the presumptions of the legal residence of a
minor established by common law, and notwithstanding the authority of a
judicially determined custody award of a minor, for purposes of this
section, the legal residence of a minor whose parents are divorced,
separated, or otherwise living apart shall be deemed to be North Carolina
for the time period relative to which either parent is entitled to claim and
does in fact claim the minor as a dependent for North Carolina individual
income tax purposes. The provisions of this subsection shall pertain only to
a minor who is claimed as a dependent by a North Carolina legal resident.
Any person who immediately prior to
his or her eighteenth birthday would have been deemed under this subsection
a North Carolina legal resident but who achieves majority before enrolling
at an institution of higher education shall not lose the benefit of this
subsection if that person:
(1) Upon achieving majority,
acts, to the extent that the person's degree of actual emancipation permits,
in a manner consistent with bona fide legal residence in North Carolina; and
(2) Begins enrollment at an
institution of higher education not later than the fall academic term next
following completion of education prerequisite to admission at such
institution.
(k) Notwithstanding other
provisions of this section, a minor who satisfies the following conditions
immediately prior to commencement of an enrolled term at an institution of
higher education, shall be accorded resident tuition status for that term:
(1) The minor has lived for five
or more consecutive years continuing to such term in North Carolina in the
home of an adult relative other than a parent, domiciled in this State; and
(2) The adult relative has
functioned during those years as a de facto guardian of the minor and
exercised day‑to‑day care, supervision, and control of the minor.
A person who immediately prior to his
or her eighteenth birthday qualified for or was accorded resident status for
tuition purposes pursuant to this subsection shall be deemed upon achieving
majority to be a legal resident of North Carolina of at least 12 months'
duration; provided, that the legal residence of such an adult person shall
be deemed to continue in North Carolina only so long as the person does not
abandon legal residence in this State.
(l) Any person who ceases to
be enrolled at or graduates from an institution of higher education while
classified as a resident for tuition purposes and subsequently abandons
North Carolina domicile shall be permitted to reenroll at an institution of
higher education as a resident for tuition purposes without necessity of
meeting the 12‑month durational requirement of this section if the person
reestablishes North Carolina domicile within 12 months of abandonment of
North Carolina domicile and continuously maintains the reestablished North
Carolina domicile at least through the beginning of the academic term(s) for
which in‑State tuition status is sought. The benefit of this subsection
shall be accorded not more than once to any one person.
(m) Notwithstanding subsection
(b) of this section, a person who is a full‑time employee of The University
of North Carolina, or is the spouse or dependent child of a full‑time
employee of The University of North Carolina, and who is a legal resident of
North Carolina, qualifies as a resident for tuition purposes without having
maintained that legal residence for at least 12 months immediately prior to
his or her classification as a resident for tuition purposes.
(1971, c. 845, ss. 7‑9; 1973, cc. 710, 1364,
1377; 1975, c. 436; 1979, cc. 435, 836; 1981, cc. 471, 905; 1987, c. 564, s.
19; 1989, c. 728, s. 1.3; 1991 (Reg. Sess., 1992), c. 1030, s. 32; 2004‑130,
s. 2; 2005‑276, s. 9.25(a).)
§ 116‑143.2. Expired.
§ 116‑143.3. Tuition of armed
services personnel and their dependents.
(a) Definitions. – The
following definitions apply in this section:
(1) The term "abode" shall mean
the place where a person actually lives, whether temporarily or permanently;
the term "abide" shall mean to live in a given place.
(2) The term "armed services"
shall mean the United States Air Force, Army, Coast Guard, Marine Corps, and
Navy; the North Carolina National Guard; and any Reserve Component of the
foregoing.
(3) The term "tuition
assistance" shall be used as defined in the United States Department of
Defense Directive 1322.8, implementing 10 U.S.C. § 2007.
(b) Any active duty member of
the armed services qualifying for admission to an institution of higher
education as defined in G.S. 116‑143.1(a)(3) but not qualifying as a
resident for tuition purposes under G.S. 116‑143.1 shall be charged the
in‑State tuition rate and applicable mandatory fees for enrollments while
the member of the armed services is abiding in this State incident to active
military duty in this State. In the event the active duty member of the
armed services is reassigned outside of North Carolina or retires, the
member shall continue to be eligible for the in‑State tuition rate and
applicable mandatory fees so long as the member is continuously enrolled in
the degree or other program in which the member was enrolled at the time the
member is reassigned. In the event the active duty member of the armed
services receives an Honorable Discharge from military service, the member
shall continue to be eligible for the in‑State tuition rate and applicable
mandatory fees so long as the member establishes residency in North Carolina
within 30 days after the discharge and is continuously enrolled in the
degree or other program in which the member was enrolled at the time the
member is discharged.
(b1), (b2) Repealed by Session
Laws 2004‑130, s. 1, effective August 1, 2004.
(c) Any dependent relative of a
member of the armed services who is abiding in this State incident to active
military duty, as defined by the Board of Governors of The University of
North Carolina and by the State Board of Community Colleges while sharing
the abode of that member shall be eligible to be charged the in‑State
tuition rate, if the dependent relative qualifies for admission to an
institution of higher education as defined in G.S. 116‑143.1(a)(3). The
dependent relatives shall comply with the requirements of the Selective
Service System, if applicable, in order to be accorded this benefit. In the
event the member of the armed services is reassigned outside of North
Carolina or retires, the dependent relative shall continue to be eligible
for the in‑State tuition rate and applicable mandatory fees so long as the
dependent relative is continuously enrolled in the degree or other program
in which the dependent relative was enrolled at the time the member is
reassigned or retires. In the event the member of the armed services
receives an Honorable Discharge from military service, the dependent
relative shall continue to be eligible for the in‑State tuition rate and
applicable mandatory fees so long as the dependent relative establishes
residency within North Carolina within 30 days after the discharge and is
continuously enrolled in the degree or other program in which the dependent
relative was enrolled at the time the member is discharged.
(d) The person applying for the
benefit of this section has the burden of proving entitlement to the
benefit.
(e) A person charged less than
the out‑of‑state tuition rate solely by reason of this section shall not,
during the period of receiving that benefit, qualify for or be the basis of
conferring the benefit of G.S. 116‑143.1(g), (h), (i), (j), (k), or (l).
(1983 (Reg. Sess., 1984), c. 1034, s. 57; 1985,
c. 39, s. 1; c. 479, s. 69; c. 757, s. 154; 1987, c. 564, § 7; 1997‑443, s.
10.2; 2003‑284, s. 8.16(a); 2004‑130, s. 1; 2005‑276, s. 9.38; 2005‑345, s.
14; 2005‑445, s. 7.)
§ 116‑143.4. Admissions status of
persons charged in‑State tuition.
A person eligible for the in‑State
tuition rate pursuant to this Article shall be considered an in‑State
applicant for the purpose of admission; provided that, a person eligible for
in‑State tuition pursuant to G.S. 116‑143.3(c) shall be considered an
in‑State applicant for the purpose of admission only if at the time of
seeking admission he is enrolled in a high school located in North Carolina
or enrolled in a general education development (GED) program in an
institution located in this State. (1989 (Reg.
Sess., 1990), c. 907.)
§ 116‑143.5. Tuition of certain
teachers.
Notwithstanding G.S. 116‑143.1, any
teacher or other personnel paid on the teacher salary schedule who (i) has
established a legal residence (domicile) in North Carolina and (ii) is
employed full‑time by a North Carolina public school, shall be eligible to
be charged the in‑State tuition rate for courses relevant to teacher
certification or to professional development as a teacher.
(1997‑443, s. 8.22(c).)
§ 116‑143.6. Full scholarship
students attending constituent institutions.
(a) Notwithstanding any other
provision of law, if the Board of Trustees of a constituent institution of
The University of North Carolina elects to do so, it may by resolution
adopted consider as residents of North Carolina all persons who receive full
scholarships to the institution from entities recognized by the institution
and attend the institution as undergraduate students. The aforesaid persons
shall be considered residents of North Carolina for all purposes by The
University of North Carolina.
(b) The following definitions
apply in this section:
(1) "Full cost" means an amount
calculated by the constituent institution that is no less than the sum of
tuition, required fees, and on‑campus room and board.
(2) "Full scholarship" means a
grant that meets the full cost for a student to attend the constituent
institution for an academic year.
(c) This section shall not be
applied in any manner that violates federal law.
(d) This section shall be
administered by the electing constituent institution so as to have no fiscal
impact.
(e) In administering this
section, the electing constituent institution shall maintain at least the
current number of North Carolina residents admitted to that constituent
institution. (2005‑276, s. 9.27(a).)
§ 116‑144. Higher tuition to be
charged nonresidents.
The Board of Governors shall fix the
tuition and required fees charged nonresidents of North Carolina who attend
the institutions enumerated in G.S. 116‑4 at rates higher than the rates
charged residents of North Carolina and comparable to the rates charged
nonresident students by comparable public institutions nationwide, except
that a person who serves as a graduate teaching assistant or graduate
research assistant or in a similar instructional or research assignment and
is at the same time enrolled as a graduate student in the same institution
may, in the discretion of the Board of Governors, be charged a lower rate
fixed by the Board, provided the rate is not lower than the North Carolina
resident rate. (1933, c. 320, s. 3; 1983, c. 761,
s. 112.)
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