State Residency Classification for Tuition Purposes

Training July 2010

North CarolinaState Residence Classification ManualA Manual to Assist the Public Higher Education Institutionsof North Carolina in the Matter of State ResidenceClassification for Tuition Purposes

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IntroductionIntroductionNorma HoustonNorma Houston

UNC General AdministrationUNC General Administration

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North Carolina State Residence Classification

ManualA Manual to Assist the Public Higher Education Institutions

of North Carolina in the Matter of State Residence Classification for Tuition Purposes

Lesson 1: IntroductionLesson 1: Introduction

1. An overview overview of residence for tuition purposes.

2. Our state’s public policypublic policy governing residence for tuition purposes.

3. The purpose purpose and contents contents of the State Residence Classification Manual.

4. Three key pointskey points to remember.

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Student residence determinations are Student residence determinations are governed by a complex set of laws and governed by a complex set of laws and regulations.regulations.

Lesson 1: IntroductionLesson 1: Introduction

Student residence determinations are governed by a complex set of laws and regulations.

There is no simple formula – many There is no simple formula – many situations are decided on a case-by-situations are decided on a case-by-case basis.case basis.

Lesson 1: IntroductionLesson 1: Introduction

Student residence determinations are governed by a complex set of laws and regulations.

There is no simple formula – many situations are decided on a case-by-case basis.

Your role as a campus administrator is Your role as a campus administrator is very important – YOU help ensure that very important – YOU help ensure that North Carolina’s laws and public policy North Carolina’s laws and public policy goals are fairly and accurately carried goals are fairly and accurately carried out!out!

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North Carolina’s public policy is based North Carolina’s public policy is based on our state’s Constitution.on our state’s Constitution.

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North Carolina’s public policy is based on our state’s Constitution.

The state's policy is to provide the The state's policy is to provide the benefits of its institutions of higher benefits of its institutions of higher education at as low a cost as is education at as low a cost as is practicable to those students whose practicable to those students whose quality and duration of residence in quality and duration of residence in North Carolina render them "people of North Carolina render them "people of the State.”the State.”

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North Carolina’s public policy is based on our state’s Constitution.

The state's policy is to provide the benefits of its institutions of higher education at as low a cost as is practicable to those students whose quality and duration of residence in North Carolina render them "people of the State.”

While the state has not limited While the state has not limited admission only to North Carolina admission only to North Carolina residents, it has determined that residents, it has determined that nonresidents shall be charged higher nonresidents shall be charged higher tuition than residents.tuition than residents.

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To aidTo aid University and Community University and Community College administrators in classifying a College administrators in classifying a student’s residency for tuition student’s residency for tuition purposes.purposes.

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To aidTo aid University and Community College administrators in classifying a student’s residency for tuition purposes.

To guide independent colleges and To guide independent colleges and universities in this state in universities in this state in determining the number of North determining the number of North Carolina students on their campuses Carolina students on their campuses for which they are eligible to receive for which they are eligible to receive state funding.state funding.

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To aidTo aid University and Community College administrators in classifying a student’s residency for tuition purposes.

To guideTo guide independent colleges and universities in this state in determining the number of North Carolina students on their campuses for which they are eligible to receive state funding.

To assist students and families in To assist students and families in understanding the law and policies understanding the law and policies related to residence for tuition related to residence for tuition purposes.purposes.

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I.I. IntroductionIntroductionII. Historical ContextIII. Definition of TermsIV. Laws Governing Classification

DeterminationsA. Fundamental PrinciplesB. Special RulesC. Tuition WaiversD. Grace Period

V. Procedures

Lesson 1: IntroductionLesson 1: Introduction

I. IntroductionII.II. Historical ContextHistorical ContextIII. Definition of TermsIV. Laws Governing Classification

DeterminationsA. Fundamental PrinciplesB. Special RulesC. Tuition WaiversD. Grace Period

V. Procedures

Lesson 1: IntroductionLesson 1: Introduction

I. IntroductionII. Historical ContextIII.III. Definition of TermsDefinition of TermsIV. Laws Governing Classification

DeterminationsA. Fundamental PrinciplesB. Special RulesC. Tuition WaiversD. Grace Period

V. Procedures

Lesson 1: IntroductionLesson 1: Introduction

I. IntroductionII. Historical ContextIII. Definition of TermsIV.IV. Laws Governing Classification Laws Governing Classification

DeterminationsDeterminationsA.A. Fundamental PrinciplesFundamental PrinciplesB.B. Special RulesSpecial RulesC.C. Tuition WaiversTuition WaiversD.D. Grace PeriodGrace Period

V. Procedures

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I. IntroductionII. Historical ContextIII. Definition of TermsIV. Laws Governing Classification

DeterminationsA. Fundamental PrinciplesB. Special RulesC. Tuition WaiversD. Grace Period

V.V. ProceduresProcedures

Lesson 1: IntroductionLesson 1: Introduction

I. IntroductionII. Historical ContextIII. Definition of TermsIV. Laws Governing Classification Determinations

A. Fundamental PrinciplesB. Special RulesC. Tuition WaiversD. Grace Period

V.V. Procedures – NOTE: Independent Procedures – NOTE: Independent colleges and universities have colleges and universities have separate procedures.separate procedures.

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Updates and changes in laws, regulations, and procedures will be posted on the UNC General Administration State Residence website at:

www.northcarolina.edu/legal/residence

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1.1. Residence and Domicile are NOT the Residence and Domicile are NOT the same –it is the student’s same –it is the student’s domiciledomicile that that determines whether the student is determines whether the student is eligible for in-state tuition.eligible for in-state tuition.

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1. Residence and Domicile are NOT the same –it is the student’s domicile that determines whether the student is eligible for in-state tuition.

2.2. To be eligible for in-state tuition, To be eligible for in-state tuition, state law generally requires a student state law generally requires a student to have established domicile in North to have established domicile in North Carolina for 12 consecutive months.Carolina for 12 consecutive months.

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1. Residence and Domicile are NOT the same –it is the student’s domicile that determines whether the student is eligible for in-state tuition.

2. To be eligible for in-state tuition, state law generally requires a student to have established domicile in North Carolina for 12 consecutive months.

3.3. A student’s domicile is generally A student’s domicile is generally presumed to be that of his or her presumed to be that of his or her parents.parents.

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1. Residence and Domicile are NOT the same –it is the student’s domiciledomicile that determines whether the student is eligible for in-state tuition.

2. To be eligible for in-state tuition, state law generally requires a student to have established domicile in North Carolina for 12 consecutive months.12 consecutive months.

3. A student’s domicile is generally presumed to be that of his or her parents.parents.

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“Prima Facie”

“Bona Fide”

“Preponderanc

e

of Evidence”

“Burden of Proof”

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