Transcript North Carolina State Residency

Lesson 8a
Community College Exemptions to State Residency
Q. Shanté Martin, NCCCS General Counsel
North Carolina Community College System
State Residency Classification
for Tuition Purposes
Training
August 2010
North Carolina State Residence
Classification Manual:
A Manual to Assist the Public Higher
Education Institutions of North
Carolina in the Matter of State
Residence Classification for Tuition
Purposes
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To obtain in-state tuition, a person must
◦ 1) Establish legal domicile in North Carolina; AND
◦ 2) Maintain that legal domicile for at least 12 months immediately prior to
his or her classification as a resident for tuition purposes; AND
3) 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.
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The determination of in-state tuition is subject to the determination
and discretion of individual community colleges and universities,
subject to any applicable laws. The documents submitted in support
of the application must be to the satisfaction of the individual
community college.
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The North Carolina General Assembly and the State Board of
Community Colleges, subject to its authority granted by the
legislature in N.C.G.S. § 115D-39(a) (2009), have determined that
certain policy considerations warrant exceptions to the general rules
governing in-state tuition.
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North Carolina law provides a special benefit to employers
choosing to pay to the college the full cost of an employee’s
community college tuition. Even when the employee does not
meet the requirements for in-state tuition, the employer pays
the tuition at the in-state rate. The law requires the employee to
work at the employer’s North Carolina business location.
The burden is on the employee/student to establish that the
business is a North Carolina business.
Branches of the armed services are not permitted to benefit from
this provision of law.
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A community college may charge in-state tuition to up to one
percent (1%) of its out-of-state students to accommodate the
families transferred into North Carolina by business or industry, or
civilian families transferred into North Carolina by the military. A
student seeking this benefit shall provide evidence of the following:
◦ Relocation to North Carolina by the student and if applicable, the student’s
family, within the 12 months preceding enrollment;
◦ Written certification by the employer on corporate letterhead that the
student or some member of the student’s family was transferred to North
Carolina for employment purposes;
◦ Certification of student’s compliance with the requirements of the
Selective Service System, if applicable;
◦ If a family member of the transferred individual is applying for this benefit,
the family member must also establish the familial relationship with the
transferred individual; live in the same residence as the transferred
individual; and provide evidence of financial dependence on the
transferred individual.
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The burden of proving entitlement to this benefit is on the person
applying for the benefit.
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A non-United States citizen lawfully admitted to the United
States who is sponsored by a North Carolina non-profit entity is
eligible for the in-state resident community college tuition rate
under the sponsorship exception at community colleges when
the individual establishes ALL of the following:
1)
2)
3)
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the individual resides in North Carolina;
the individual is sponsored by a North Carolina non-profit entity; and
the North Carolina non-profit entity signs an affidavit accepting
financial responsibility for the individual’s tuition and other required
educational fees.
A non-profit entity may sponsor a MAXIMUM of five (5) nonUnited States citizen students annually under this exception.
For the purposes of this exception, a non-profit entity is defined
as an entity incorporated in North Carolina as a charitable or
religious corporation or a civic league. In addition, the entity
must be exempted from taxation by the Internal Revenue Code.
(See Numbered Memo CC 03-163.)
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The non-profit entity sponsorship exception
in G.S. 115D-39(c) does NOT apply to those
persons born in the United States. Thus, a
non-profit entity is not permitted to obtain
the in-state tuition rate by sponsoring people
who were born in the United States.
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A non-United States citizen lawfully admitted to the United States
who graduates from the public school to which the student was
lawfully assigned, in accordance with N.C.G.S. § 115C-366 (2009),
qualifies for the in-state tuition rate at a community college.
The statute does not place a time limitation on the applicability of
this exception. Thus, under the current law, a non-United States
citizen who graduates from the public school to which the student
was lawfully assigned in accordance with N.C.G.S. 115C-366 always
qualifies for the in-state tuition rate at a community college.
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The public school graduate exception in G.S. 115D-39(c)
does NOT apply to those persons born in the United States.
Thus, a person who was born in the United States is not
always permitted to obtain in-state tuition by virtue of
having graduated from the public high school to which the
person was assigned.
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An individual who lawfully entered the United States and is
classified for immigration purposes as a refugee shall be
deemed to qualify as a domiciliary of North Carolina under
G.S. 116-143.1(a)(1) and granted the in-state tuition rate by
community colleges.
While the refugee is not required to be domiciled in North
Carolina for the twelve month qualifying period, the refugee
must live in North Carolina to enjoy this benefit.
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A “non-resident” of the United States who has resided
in North Carolina for a 12-month (365 day) qualifying
period and has filed an immigration petition (Forms I130, I-360, or I-140) qualifies as an in-state student
for community college tuition purposes.
“The 12-month (365 days) qualifying period begins at
the time that a cluster of domiciliary acts is established
as confirmed by valid evidence.” North Carolina State
Residence Manual, § I.C., p. 5 (Fall 2010).
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A federal law enforcement officer whose permanent duty
station is within North Carolina is eligible for the State
resident community college tuition rate for law enforcement
training courses.