The basis
for determining the appropriate tuition charge rests upon whether
a student is a resident or a nonresident for tuition purposes. Each
student must make a statement as to the length of his or her residence
in North Carolina, with assessment by the institution of that statement
to be conditioned by the following.
Residence
To qualify as a resident for tuition purposes, a person must become
a legal resident and remain a legal resident for at least twelve months
immediately prior to classification. Thus, there is a distinction
between legal residence and residence for tuition purposes. Furthermore,
twelve months legal residence means more than simple abode in North
Carolina. In particular it means maintaining a domicile (permanent
home of indefinite duration) as opposed to "maintaining a mere
temporary residence or abode incident to enrollment in an institution
of higher education." The burden of establishing facts which
justify classification of a student as a resident entitled to in-state
tuition rates is on the applicant for such classification, who must
show his or her entitlement by the preponderance (the greater part)
of the residentiary information.
Initiative
Being classified a resident for tuition purposes is contingent
on the student's seeking such status and providing all information
that the institution may require in making the determination.
Parents' Domicile
If an individual, irrespective of age, has living parent(s)
or court-appointed guardian of the person, the domicile of such parent(s)
or guardian is, prima facie, the domicile of the individual; but this
prima facie evidence of the individual's domicile may or may not be
sustained by other information. Further, nondomiciliary status of
parents is not deemed prima facie evidence of the applicant child's
status if the applicant has lived (though not necessarily legally
resided) in North Carolina for the five years preceding enrollment
or re-registration.
Effect of Marriage
Marriage alone does not prevent a person from becoming or
continuing to be a resident for tuition purposes, nor does marriage
in any circumstance insure that a person will become or continue to
be a resident for tuition purposes. Marriage and the legal residence
of one's spouse are, however, relevant information in determining
residentiary intent. Furthermore, if both a husband and wife are legal
residents of North Carolina and if one of them has been a legal resident
longer than the other, then the longer duration may be claimed by
either spouse in meeting the twelve-month requirement for in-state
tuition status.
Military Personnel
A North Carolinian who serves outside the State in the armed
forces does not lose North Carolina domicile simply by reason of such
service. And students from the military may prove retention or establishment
of residence by reference, as in other cases, to residentiary acts
accompanied by residentiary intent.
In addition, a separate North Carolina statute (G.S. 116-143.3) affords
tuition rate benefits to certain military personnel and their dependents,
even though not qualifying for the in-state tuition rate by reason
of twelve months legal residence in North Carolina. Members of the
armed services, while stationed in and concurrently living in North
Carolina, may be charged a tuition rate lower than the out-of-state
tuition rate to the extent that the total of entitlements for applicable
tuition costs available from the federal government, plus certain
amounts based under a statutory formula upon the in-state tuition
rate, is a sum less than the out-of-state tuition rate for the pertinent
enrollment. A dependent relative of a service member stationed in
North Carolina is eligible to be charged the in-state tuition rate
while the dependent relative is living in North Carolina with the
service member and if the dependent relative has met any requirement
of the Selective Service System applicable to the dependent relative.
These tuition benefits may be enjoyed only if the applicable requirements
for admission have been met; these benefits alone do not provide the
basis for receiving those derivative benefits under the provisions
of the residence classification statute reviewed elsewhere in this
summary. Application for this benefit must be made prior to the beginning
of the first enrolled term of each academic year for which the benefit
is sought.
Grace Period
If a person (1) has been a bona fide legal resident of the
required duration, (2) has consequently been classified a resident
for tuition purposes, and (3) has subsequently lost North Carolina
legal residence while enrolled at a public institution of higher education,
that person may continue to enjoy the in-state tuition rate for a
grace period of twelve months measured from the date on which North
Carolina legal residence was lost. If the twelve months ends during
an academic term for which the person is enrolled at a State institution
of higher education, the grace period extends, in addition, to the
end of that term. The fact of marriage to one who continues domiciled
outside North Carolina does not by itself cause loss of legal residence
marking the beginning of the grace period.
Minors
Minors (persons under 18 years of age) usually have the
domicile of their parents, but certain special cases are recognized
by the residence classification statute in determining residence for
tuition purposes.
(a) If a minor's parents live apart, the minor's domicile is deemed
to be North Carolina for the time period(s) that either parent, as
a North Carolina legal resident, may claim and does claim the minor
as a tax dependent, even if other law or judicial act assigns the
minor's domicile outside North Carolina. A minor thus deemed to be
a legal resident will not, upon achieving majority before enrolling
at an institution of higher education, lose North Carolina legal residence
if that person (1) upon becoming a legal adult "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 following completion of education
prerequisite to admission at such institution."
(b) If a minor has lived for five or more consecutive years with relatives
(other than parents) who are domiciled in North Carolina and if the
relatives have functioned during this time as if they were personal
guardians, the minor will be deemed a resident for tuition purposes
for an enrolled term commencing immediately after at least five years
in which these circumstances have existed. If under this consideration
a minor is deemed to be a resident for tuition purposes immediately
prior to his or her eighteenth birthday, that person on achieving
majority will be deemed a legal resident of North Carolina of at least
twelve months duration. This provision acts to confer in-state tuition
status even in the face of other provisions of law to the contrary;
however, a person deemed a resident of twelve months duration pursuant
to this provision continues to be a legal resident of the State only
so long as he or she does not abandon North Carolina domicile.
Lost but Regained Domicile
If a student ceases enrollment at or graduates from an institution
of higher education while classified a resident for tuition purposes
and then both abandons and reacquires North Carolina domicile within
a twelve-month period, that person, if he or she continues to maintain
the reacquired domicile into re-enrollment at an institution of higher
education, may re-enroll at the in-state tuition rate without having
to meet the usual twelve-month durational requirement. However, any
one person may receive the benefit of the provision only once.
Change of Status
A student admitted to initial enrollment in an institution
(or permitted to re-enroll following an absence from the institutional
program which involved a formal withdrawal from enrollment) must be
classified by the admitting institution either as a resident or as
a nonresident for tuition purposes prior to actual enrollment. A residence
status classification once assigned (and finalized pursuant to any
appeal properly taken) may be changed thereafter (with corresponding
change in billing rates) only at intervals corresponding with the
established primary divisions of the academic year.
Transfer Students
When a student transfers from one North Carolina public
institution of higher education to another, he or she is treated as
a new student by the institution to which he or she is transferring
and must be assigned an initial residence status classification for
tuition purposes.
Aliens and Foreigners
Aliens lawfully admitted into the United States for permanent
residence are subject to the same considerations as citizens in the
determination of residentiary status for tuition purposes. Certain
classes of both resident and nonresident aliens are subject to these
same considerations, but certain classes are not. More complete information
on the residence classification of aliens may be obtained from the
Manual (referred to above) or from the Office of the Provost.
North Carolina Public School Teachers
Under separate statute (G.S. 116-143.5), certain North Carolina
public school teachers (or other personnel paid on the teacher salary
schedule) are eligible to be charged the in-state tuition rate for
courses relevant to teacher certification or professional development,
irrespective of their length of legal residence. To qualify, the applicant
must be a legal resident of North Carolina and employed full-time
by a North Carolina public school. Application for this benefit must
be made prior to the beginning of each academic term for which the
benefit is sought.
Tuition Waivers
A separate North Carolina statute (G.S.115B) provides tuition
waiver for North Carolina residents who are at least age 65. The tuition
waiver benefit also extends to certain family members of deceased
or totally and permanently disabled emergency workers of North Carolina.
More complete information on this statute may be obtained from the
Office of the Provost.
