North Carolina § 116-143 - State-supported institutions of higher education required to charge tuition and fees.

§ 116-143. State-supported institutions of higher education required to charge tuition and fees.

The Board of Governors of The University of North Carolina shall fix the tuition and fees, not inconsistent with actions of the General Assembly, at the institutions of higher education enumerated in G.S. 116-4 in such amount or amounts as it may deem best, taking into consideration the nature of each institution and program of study and the cost of equipment and maintenance; and each institution shall charge and collect from each student, at the beginning of each semester or quarter, tuition, fees, and an amount sufficient to pay other expenses for the term. In the event that said students are unable to pay the cost of tuition and required academic fees as the same may become due, in cash, the said several boards of trustees are hereby authorized and empowered, in their discretion, to accept the obligation of the student or students together with such collateral or security as they may deem necessary and proper, it being the purpose of this Article that all students in State institutions of higher learning shall be required to pay tuition, and that free tuition is hereby abolished. Notwithstanding this section, neither the Board of Governors of The University of North Carolina nor its Board of Trustees shall impose any tuition or mandatory fee at the North Carolina School of Science and Mathematics without the approval of the General Assembly, except as provided in subsection (e) of this section. Inasmuch as the giving of tuition and fee waivers, or especially reduced rates, represent in effect a variety of scholarship awards, the said practice is hereby prohibited except when expressly authorized by statute. Notwithstanding the above provision relating to the abolition of free tuition, the Board of Governors of The University of North Carolina may, in its discretion, provide regulations under which personnel may during the period of normal employment enroll in The University of North Carolina free of charge for tuition and fees, provided such enrollment does not interfere with normal employment obligations and further provided that such enrollments are not counted for the purpose of receiving General Fund appropriations as follows: Except as provided in subdivision (2) of this subsection, a full-time faculty member of the rank of full-time instructor or above and any full-time staff member of The University of North Carolina may enroll in not more than three courses per year. A full-time or part-time campus law enforcement officer may enroll in the number of courses per year determined by regulation. The Board of Governors of The University of North Carolina may approve, upon the recommendation of the Board of Trustees of the North Carolina School of Science and Mathematics, the imposition of fees not inconsistent with actions of the General Assembly for distance education services provided by the North Carolina School of Science and Mathematics to nonresidents and for students participating in extracurricular enrichment programs sponsored by the School. History (1933, c. 320, s. 1; 1939, cc. 178, 253; 1949, c. 586; 1961, c. 833, s. 16.1; 1963, c. 448, s. 27.1; 1965, c. 903; 1971, c. 845, ss. 6, 10; c. 1086, s. 2; c. 1244, s. 12; 1973, c. 116, s. 1; 1977, c. 605; 1981, c. 859, s. 41.4; 2006-66, ss. 9.11(i), 9.12; 2009-451, ss. 9.21, 9.22(a); 2011-145, s. 9.13(a); 2013-360, s. 11.7(b); 2014-100, s. 11.9(a); 2021-20, s. 1.) Cross References. - As to powers and duties of Board of Governors of the University of North Carolina, see G.S. 116-11 . Editor's Note. - Session Laws 1997-443, s. 10.21, provides that the Board of Governors of The University of North Carolina may set tuition rates for students in the Masters of Business Administration and the Masters of Accounting programs of the School of Business at the University of North Carolina at Chapel Hill that are higher than those currently set pursuant to G.S. 116-143 . The Board of Governors is also to conduct a study of tuition levels and adjust tuition rates to align with policies on tuition differentials, and report to the Joint Legislative Education Oversight Committee by January 15, 1999, regarding the findings of its study. Session Laws 1997-443, s. 35.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 1997-99 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 1997-99 fiscal biennium." Session Laws 2009-451, s. 9.22(b), provides: "No policy adopted by the Board of Governors to authorize a special tuition rate for students who have athletics as a special talent shall be implemented." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.5, is a severability clause. Session Laws 2013-360, s. 11.7(c), made the amendment to subsection (b) and addition of subsection (e) by Session Laws 2013-360, s. 11.7(b), applicable to the 2013-2014 spring academic semester and each subsequent academic semester. Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.5, is a severability clause. Session Laws 2014-100, s. 11.9(b), made the amendment to subsection (d) by Session Laws 2014-100, s. 11.9(a), applicable to the 2014-2015 fall academic semester and each subsequent academic semester. Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2016-23, s. 7(a)-(d), provides: "(a) Notwithstanding any other provision of law, independent persons and their dependents formerly domiciled in North Carolina counties who are domiciled in South Carolina counties as a result of the North Carolina-South Carolina boundary certification may be considered eligible for in-State tuition rates for a period of up to 10 years from the effective date of the boundary change. To be eligible for in-State tuition rates, such persons must have been domiciled and reside on property in North Carolina in accordance with G.S. 116-143.1 immediately prior to the effective date of North Carolina legislation approving the North Carolina-South Carolina boundary certification and must maintain residence and domicile on that same property within South Carolina. "(b) Notwithstanding any other provision of law, independent persons and their dependents previously domiciled on property in South Carolina which is located in North Carolina as a result of the North Carolina-South Carolina boundary certification may, for a period of two years from the effective date of the boundary certification, be eligible for in-State rates without the requirement of residency and domicile for 12 months in this State provided such independent persons have evidenced the intent to establish domicile in North Carolina in accordance with G.S. 116-143.1 . To be eligible under this provision, such persons must reside on the same property that was in South Carolina immediately prior to the effective date of North Carolina legislation approving the certified North Carolina-South Carolina boundary. To maintain eligibility for in-State tuition rates longer than the two years permitted under this paragraph, the independent persons and their dependents must satisfy the requirements of G.S. 116-143.1 . "(c) The provisions established under subsections (a) and (b) of this section are not transferable to persons other than those independent persons and their dependents falling within the scope of those provisions. "(d) Should the domicile and residence of independent persons and their dependents change from the property affected by the boundary certification, maintenance of eligibility for in-State rates will be determined as provided in G.S. 116-143.1 ." Session Laws 2016-23, s. 12(a), is a severability clause. Session Laws 2021-20, s. 2, made the rewriting of subsection (d) of this section by Session Laws 2021-20, s. 1, effective May 7, 2021, and applicable beginning with the 2021-2022 academic year. Effect of Amendments. - Session Laws 2006-66, s. 9.11.(i), effective July 1, 2007, added "of higher education" preceding "enumerated in G.S. 116-4 in such amount" in subsection (a); and added the last sentence in subsection (b); and made minor stylistic changes throughout. Session Laws 2006-66, s. 9.12, effective July 1, 2006, designated the formerly undesignated paragraphs as subsections (a) through (d); and in subsection (d), substituted "three courses per year" for "one course per semester." Session Laws 2009-451, ss. 9.21 and 9.22(a), effective July 1, 2009, in subsection (c), added the last sentence; and in subsection (d), substituted "two courses" for "three courses" near the middle. Session Laws 2011-145, s. 9.13(a), effective July 1, 2011, in subsection (c), deleted "or by the Board of Governors of the University of North Carolina; and, furthermore, it is hereby directed and required that all budgeted funds expended for scholarships of any type must be clearly identified in budget reports" from the end, and deleted the last sentence, which read: "The Board of Governors of The University of North Carolina shall not authorize a reduced rate of tuition for the special talent of athletics." Session Laws 2013-360, s. 11.7(b), effective July 1, 2013, added "except as provided in subsection (e) of this section" at the end of subsection (b); and added subsection (e). For applicability, see Editor's note. Session Laws 2014-100, s. 11.9(a), effective July 1, 2014, substituted "three courses per year" for "two courses per year" and "charge for tuition and fees" for "charge for tuition" in subsection (d). See Editor's note for applicability. Session Laws 2021-20, s. 1, rewrote subsection (d). For effective date and applicability, see editor's note. Legal Periodicals. - For survey of 1972 case law on establishing residence for tuition purposes, see 51 N.C.L. Rev. 1012 (1973).