Community College
Exemptions for State
Residency
Q. Shanté Martin, NCCCS General Counsel
North Carolina Community College System
•
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. § 115D39(a) (2011), have determined that certain policy considerations warrant
exceptions to the general rules governing in-state tuition.
Business-Sponsored Students
N.C.G.S. § 115D-39(a) (2011)
•
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.
Sponsorship by Non-Profit Entity
N.C.G.S. § 115D-39(c) (2011)
 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:
1)
2)
3)
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.)
 Prior residence in North Carolina is not required
Public School Graduate
N.C.G.S. § 115D-39(b) (2011)
•
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 (2011), 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.
Public School Graduate
N.C.G.S. § 115D-39(b) (2011)
• 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 instate tuition by virtue of having graduated from the public high school
to which the person was assigned.
Refugees
N.C.G.S. § 115D-39(a) (2011)
• 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.
• What about asylees?
“Nonresident” of the United States
N.C.G.S. § 115D-39(a) (2011)
• 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).
Federal Law Enforcement Officers
N.C.G.S. § 115D-39(a1)
• 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.
Deferred Action for Childhood Arrivals
(“DACA”)
June 15, 2012 - Secretary of Homeland Security, Janet
Napolitano, provided direction to U.S. Customs and
Border Protection, U.S. Citizenship and Immigration
Services and U.S. Immigration and Customs
Enforcement on how to exercise prosecutorial
discretion in the enforcement of immigration laws
against certain individuals brought to the United States
as children. This deferral program is described as
Deferred Action for Childhood Arrivals (“DACA”).
Deferred Action for Childhood Arrivals
(“DACA”)
The Department of Homeland Security provided that individuals satisfying all
of the following criteria are eligible to have removal from the United States
deferred for two years:
• Individuals who came to the United States under the age of sixteen, were
present in the United States on June 15, 2012, and are presently under
the age of thirty;
• Individuals who have continuously resided in the United States for at least
five years prior to June 15, 2012;
• Individuals who are currently in school, have graduated from high school,
or is an honorably discharged veteran;
• Individuals who have not been convicted of any serious criminal offense;
• Individuals who do not pose a threat to national security or pose a threat
to public safety
Deferred Action for Childhood Arrivals
(“DACA”)
On June 5, 2014, Secretary Jeh Johnson with the Department of Homeland
Security announced the renewal process for individuals with DACA
classification. Individuals may also apply for deferred action for the first
time. Individuals seeking renewal of their DACA classification must do the
following:
• Satisfy initial criteria for DACA classification;
• Show that they did not depart the United States on or after Aug. 15, 2012,
without advance parole;
• Show that they have continuously resided in the United States since they
submitted their most recent DACA request that was approved; and
• Show that they have not been convicted of a felony, a significant
misdemeanor or three or more misdemeanors, and do not otherwise pose
a threat to national security or public safety.
Deferred Action for Childhood Arrivals
(“DACA”)
Please note that it is not within the authority of
community colleges to determine who is eligible
to receive DACA classification. Student
applicants are responsible for presenting
documentation to establish that they have DACA
classification.
Deferred Action for Childhood Arrivals
(“DACA”)
Documents that show an individual has been
granted deferred action:
• Form I-797-Notice of Action Form
– Form will have “Approval Notice” with dates of
validity
– Form will provide that USCIS decided to defer
action in the student’s case
• Employment Authorization Card (EAD card)
with Category C33 designation.
Deferred Action for Childhood Arrivals
(“DACA”) – In-State Tuition
Per the January 22, 2014 North Carolina AG letter, individuals
with DACA classification are not eligible to obtain the in-state
tuition rate
Deferred Action for Childhood Arrivals
(“DACA”) – In-State Tuition
Business Sponsorship Exception
Pursuant to N.C.G.S § 115D-39(a), “when an employer other
than the Armed Forces . . . pays tuition for an employee to
attend [a community college] and . . . the employee works at a
North Carolina business location, the employer shall be charged
the in-state tuition rate.” If a student with DACA classification is
employed at a North Carolina business location and the
employer of the DACA student working at the North Carolina
business location wants to pay for the DACA student to attend a
community college, the employer shall be charged the in-state
tuition rate.
Deferred Action for Childhood Arrivals
(“DACA”) – In-State Tuition
Public School Graduate and Nonprofit Sponsorship Exception re:
DACA
January 22, 2014 - North Carolina AG’s Office concluded that
“Under federal law, 8 U.S.C. § 1621, individuals with DACA
status are not eligible to receive the benefit of in-state tuition .
. . .” The January 22, 2014 letter goes on to provide that “In
order for students who have been granted DACA status to be
eligible for the benefit of in-state tuition, the North Carolina
General Assembly would have to amend . . . 115D-39 to make
an exception for such individuals . . . .”
Deferred Action for Childhood Arrivals
(“DACA”) – In-State Tuition
Public School Graduate and Nonprofit Sponsorship Exception re:
DACA
Since individuals with DACA classification are not eligible to
receive the benefit of in state tuition under federal law and
there is not an exception for individuals with DACA
classification in N.C.G.S. § 115D-39, individuals with DACA
classification are not eligible to obtain the in-state tuition rate
under the public school graduate exception or the nonprofit
sponsorship exception