The North Carolina General Assembly has enacted a detailed statutory scheme for determining who does and who does not qualify for in-state tuition. That statutory scheme is found in Article 14 of Chapter 116 of the North Carolina General Statutes which mandates that only those who can demonstrate a minimum of twelve months of uninterrupted domicile (legal residence) in North Carolina are eligible for in-state tuition.
The statute also places on applicants the burden of establishing, by a preponderance of evidence, that they are bona fide domiciliaries rather than mere residents of North Carolina.
Updated State Residence Classification Manual
New Information
Session 2009-2010 Legislative Changes- University System and Community Colleges
Athletic Scholarships – G.S. 116-143.6(a) has been amended (S.L. 2010-31, Sec. 9.25) to repeal eligibility for out-of-state students on full athletic scholarships to be classified as in-state for tuition purposes.
Children of Disabled Law Enforcement/Emergency Workers – G.S. 115B-2(a)(4) has been amended (S.L. 2010-31, Sec. 9.26) for tuition waiver purposes to raise the age of eligible children from 17 to 22 years old to 17 to 23 years (younger than 24). Also amended is the time period for pursuing a baccalaureate degree, which was increased from 48 months to 54 months.
Ward of the State – G.S. 115B-2(a)(5) has been amended (S.L. 2010-31, Sec. 9.26) for tuition waiver purposes to increase the age of eligible wards from 17 to 22 years old to 17 to 23 years (younger than 24).
Session 2009-2011 Legislative Changes- Community Colleges Only
Senior Citizens – G.S. 115D-5(b) has been amended (S.L. 2010-31, Sec. 8.4(a)) amended to change eligibility for senior citizen tuition waiver for community colleges from 96 contact hours to one course. Note: based on this amendment, senior citizens age 65 or older who are qualified as legal residents of North Carolina are now eligible for a waiver of tuition charges for up to six hours of credit instruction and one noncredit instruction per academic semester at community colleges.
Community College Tuition Waivers – G.S. 115D-5(b) has been amended to make several changes to community college tuition waiver provisions (S.L. 2010-31, Sec. 8.4(a)). Amendments:
(1) Persons not enrolled in elementary or secondary schools taking courses leading to a high school diploma or equivalent certificate, for training certificate;
(2) Training courses for (i) volunteer firemen, (ii) local fire department personnel, (iii) volunteer rescue and lifesaving department personnel, (iv) local rescue and lifesaving department personnel, (v) Radio Emergency Associated Citizens Team (REACT) members when the REACT team is under contract to a county as an emergency response agency, local (vi) municipal, county, or State law-enforcement officers, patients in State alcoholic rehabilitation centers, (vii) all full-time custodial employees of the Department of Correction, and (viii) employees of the Department's Division of Community Corrections and employees of the Department of Juvenile Justice and Delinquency Prevention required to be certified under Chapter 17C of the General Statutes and the rules of the Criminal Justice and Training Standards Commission, Commission;
(3) Patients in State alcoholic rehabilitation centers; trainees
(4) Trainees enrolled in courses conducted under the New and Expanding
Industry Program, clients Customized Training Program;
(5) Clients of sheltered workshops, clients workshops;
(6) Clients of adult developmental activity programs, students programs;
(7) Students in Health and Human Services Development Programs,
juveniles Programs;
(8) Juveniles of any age committed to the Department of Juvenile Justice and
Delinquency Prevention by a court of competent jurisdiction, members jurisdiction;
(9) Members of the North Carolina State Defense Militia as defined in G.S. 127A-5 and as administered under Article 5 of Chapter 127A of the General Statutes, and elementary Statutes;
(10) Elementary and secondary school employees enrolled in courses in first aid or cardiopulmonary resuscitation (CPR). Provided further, tuition shall be waived for up (CPR);
(11) Up to six hours of credit instruction and 96 contact hours one course of noncredit instruction per academic semester for senior citizens age 65 or older who are qualified as legal residents of North Carolina. Provided further, tuition shall also be waived for all Carolina;
(12) All curriculum courses taken by high school students at community colleges, including students in early college and middle college high school programs, in accordance with G.S. 115D-20(4) and this section." section;
(13) Human resources development courses for any individual who (i) is unemployed; (ii) has received notification of a pending layoff; (iii) is working and is eligible for the Federal Earned Income Tax Credit (FEITC); or (iv) is working and earning wages at or below two hundred percent (200%) of the federal poverty guidelines; and
(14) Prison inmates. [Note: in 2010, the General Assembly repealed its elimination of the tuition waiver for inmates.]
Federal Law Enforcement Officer - G.S. 115D-39 has been amended (S.L. 2010-31, Sec. 8.4(b)) by adding a new subsection (a1) which provides that any federal law enforcement officer whose permanent duty station is within North Carolina shall also be eligible for the State resident community college tuition rate for law enforcement training courses.
High School Students - (S.L. 2010-31, Sec. 7.24(b)) G.S. 115D-5(b). In 2010, the North Carolina General Assembly expressed its intent to eliminate tuition waivers for courses taken by high school students at community colleges. This action would take effect on July 1, 2011, but would not apply to students in cooperative innovative high school programs established pursuant to Part 9 of Article 16 of Chapter 115C of the General Statutes. Tuition shall be waived for students in cooperative innovative high school programs.