Statutes and Caselaw

North Carolina General Statutes

Session 2011 - Legislative Changes for the UNC System and Community Colleges System

General Provisions as to Tuition and Fees

N.C.G.S. §§ 116-143 through 116-144

Student Tuition and Fees for Community Colleges

N.C.G.S. § 115D-39

Tuition Waivers

N.C.G.S. § 115B-1 through 115B-6

Exemption from Administrative Procedure Act

N.C.G.S. § 150B-1(f)

Caselaw

Fox v. Trustees of the Consolidated University of North Carolina, 16 N.C. App. 53, 190 S.E.2d 884 (1972) (holding that the statute requiring at least twelve months  of domicile preceding the date of enrollment at an institution does not violate the U.S. Constitution).

Vlandis v. Kline, 412 U.S. 441, 37 L.Ed.2d I63, 93 S.Ct. 2230 (1973) (holding that state statutes requiring a nonresident’s status at the time of application for admission to be conclusively and irrefutably presumed for the entirety of their attendance is a violation of constitutional due process).

Glusman v. Trustees of the University of North Carolina, 284 N.C. 225, 200 S.E2d 9 (1973) (holding that students who were classified as nonresident for tuition purposes may become, upon establishing domicile in North Carolina for the required period, entitled to resident status regardless of whether they are enrolled in an institution of higher learning).

Wilson v. State Residence Committee, 92 N.C. App. 355, 374 S.E.2d 415 (1988) (holding that the SRC may deny a residency claim where there is “substantial evidence” that the applicant is not a bona fide resident of the state; also that UNC is exempt from the Administrative Procedures Act’s requirement that state agencies state reasons for their decisions).

Fain v. State Residence Committee, 117 N.C. App. 541, 451 S.E.2d 663 (1995) (holding that a student’s residence of five years rebutted the prima facie presumption of nonresident status based on parents’ out-of-state domicile).

Norman v. Cameron, 127 N.C. App. 44, 488 S.E.2d 297 (1997) (affirming the SRC’s denial of a residency claim, holding that superior courts should overrule SRC’s decisions only where there is no evidence to reasonably support them).