§ 115D-39. Student tuition and fees.
§ 115D‑39. Student tuition and fees.
(a) The State Board of Community Colleges shall fix and regulateall tuition and fees charged to students for applying to or attending anyinstitution pursuant to this Chapter.
The receipts from all student tuition and fees, other than studentactivity fees, shall be State funds and shall be deposited as provided byregulations of the State Board of Community Colleges.
The legal resident limitation with respect to tuition, set forth inG.S. 116‑143.1 and G.S. 116‑143.3, shall apply to studentsattending institutions operating pursuant to this Chapter; provided, however,that when an employer other than the armed services, as that term is defined inG.S. 116‑143.3, pays tuition for an employee to attend an institution operatingpursuant to this Chapter and when the employee works at a North Carolinabusiness location, the employer shall be charged the in‑State tuitionrate; provided further, however, a community college may charge in‑Statetuition to up to one percent (1%) of its out‑of‑state students,rounded up to the next whole number, to accommodate the families transferred bybusiness, the families transferred by industry, or the civilian familiestransferred by the military, consistent with the provisions of G.S. 116‑143.3,into the State. Notwithstanding these requirements, a refugee who lawfullyentered the United States and who is living in this State shall be deemed toqualify as a domiciliary of this State under G.S. 116‑143.1(a)(1) and asa State resident for community college tuition purposes as defined in G.S. 116‑143.1(a)(2).Also, a nonresident of the United States who has resided in North Carolina fora 12‑month qualifying period and has filed an immigrant petition with theUnited States Immigration and Naturalization Service shall be considered aState resident for community college tuition purposes.
(b) In addition, any person lawfully admitted to the UnitedStates who satisfied the qualifications for assignment to a public school setout under G.S. 115C‑366 and graduated from the public school to which thestudent was assigned shall also be eligible for the State resident communitycollege tuition rate. This subsection does not make a person a resident ofNorth Carolina for any other purpose.
(c) In addition, a person sponsored under this subsection who islawfully admitted to the United States is eligible for the State residentcommunity college tuition rate. For purposes of this subsection, a NorthCarolina nonprofit entity is a charitable or religious corporation as definedin G.S. 55A‑1‑40 that is incorporated in North Carolina and that isexempt from taxation under section 501(c)(3) of the Internal Revenue Code, or acivic league incorporated in North Carolina under Chapter 55A of the GeneralStatutes that is exempt from taxation under section 501(c)(4) of the InternalRevenue Code. A nonresident of the United States is sponsored by a NorthCarolina nonprofit entity if the student resides in North Carolina whileattending the community college and the North Carolina nonprofit entityprovides a signed affidavit to the community college verifying that the entityaccepts financial responsibility for the student's tuition and any otherrequired educational fees. Any North Carolina nonprofit entity that sponsors anonresident of the United States under this subsection may sponsor no more thanfive nonresident students annually under this subsection. This subsection doesnot make a person a resident of North Carolina for any other purpose. (1963, c. 448, s. 23; 1979, c. 462, s. 2; c. 896, s. 13; 1979, 2ndSess., c. 1130, s. 1; 1981, c. 157, s. 4; 1983 (Reg. Sess., 1984), c. 1034, s.58; 1989, c. 752, s. 85; 1991 (Reg. Sess., 1992), c. 1044, s. 25(a); 1993, c.561, s. 50(a); 1996, 2nd Ex. Sess., c. 18, s. 17.1(a); 2000‑67, s. 9.8;2003‑284, ss. 8.16(b), 8.16A(a).)