North Carolina State Residence Classification Manual:

1. 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

2. Legal Standard for In-state TuitionN.C.G.S. § 116-143.1 Community College Exemptions to State Residency

3. Legal Standard for In-state TuitionN.C.G.S. § 116-143.1 Community College Exemptions to State Residency • 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. • 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.

4. Community College Exemptions to State Residency • 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.

5. Business-Sponsored StudentsN.C.G.S. § 115D-39(a) (2009) Community College Exemptions to State Residency • 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.

6. Business & Military Transferred Families N.C.G.S. § 115D-39(a) (2009) & 23 N.C.A.C. 2D.0201(k) Community College Exemptions to State Residency • 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. • The burden of proving entitlement to this benefit is on the person applying for the benefit.

7. Sponsorship by Non-Profit EntityN.C.G.S. § 115D-39(c) (2009) Community College Exemptions to State Residency • 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: • 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) non-United 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.)

8. Sponsorship by Non-Profit EntityN.C.G.S. § 115D-39(c) (2009) Community College Exemptions to State Residency • 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.

9. Public School Graduate N.C.G.S. § 115D-39(b) (2009) Community College Exemptions to State Residency • 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.

10. Public School Graduate N.C.G.S. § 115D-39(b) (2009) Community College Exemptions to State Residency • 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.

11. Refugees N.C.G.S. § 115D-39(a) (2009) Community College Exemptions to State Residency • 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.

12. “Nonresident” of the United States N.C.G.S. § 115D-39(a) (2009) Community College Exemptions to State Residency • 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 I-130, 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).

13. Federal Law Enforcement OfficersN.C.G.S. § 115D-39(a1) Community College Exemptions to State Residency • 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.