Section 116-143.3 - Tuition of qualifying federal services members and their spouses and dependents(a) Definitions. - The following definitions apply in this section: (1) Abode. - The place where a person actually lives, whether temporarily or permanently; the term "abide" shall mean to live in a given place.(2) Armed Forces. - The United States Air Force, Army, Coast Guard, Marine Corps, and Navy; the North Carolina National Guard; and any reserve component of the foregoing.(2a) Dependent. - A spouse or dependent child.(3) Repealed by Session Laws 2007-484, s. 15, effective August 30, 2007.(4) Qualifying federal services member. - Any of the following:a. A member of the Armed Forces who is on active duty for a period of more than 30 days, as defined in 10 U.S.C. § 101.b. A member of the Foreign Service, as defined in 22 U.S.C. § 3903, who is on active duty for a period of more than 30 days.(b) Any qualifying federal services member admitted to an institution of higher education, as defined in G.S. 116-143.1(a)(3), but not qualifying as a resident for tuition purposes under G.S. 116-143.1 shall be charged the in-State tuition rate and applicable mandatory fees for enrollments while the qualifying federal services member's permanent duty station is in this State. In the event the qualifying federal services member is reassigned outside of North Carolina or retires, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is reassigned. In the event the qualifying federal services member is an active duty member of the Armed Forces and receives an Honorable Discharge from military service, the member shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the member establishes residency in North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the member was enrolled at the time the member is discharged.(b1), (b2) Repealed by Session Laws 2004-130, s. 1, effective August 1, 2004.(c) (Applicable beginning with the 2023-2024 academic year) Any dependent relative of a member of the Armed Forces who is abiding in this State incident to active military duty, as defined by the Board of Governors of The University of North Carolina and by the State Board of Community Colleges while sharing the abode of that member shall be eligible to be charged the in-State tuition rate, if the dependent relative qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3). In the event the member of the Armed Forces is reassigned outside of North Carolina or retires, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is reassigned or retires. In the event the member of the Armed Forces receives an Honorable Discharge from military service, the dependent relative shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent relative establishes residency within North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the dependent relative was enrolled at the time the member is discharged.(c)(Qualifying federal services members and their spouses and dependent children shall be eligible to be charged the in-State tuition rate beginning with the 2024-2025 academic year) Any dependent of a qualifying federal services member with a permanent duty station in this State shall be eligible to be charged the in-State tuition rate, if the dependent qualifies for admission to an institution of higher education, as defined in G.S. 116-143.1(a)(3). The dependent shall comply with the requirements of the Selective Service System, if applicable, in order to be accorded this benefit. In the event the qualifying federal services member is reassigned outside of North Carolina or retires, the dependent shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent is continuously enrolled in the degree or other program in which the dependent was enrolled at the time the member is reassigned or retires. In the event the qualifying federal services member is an active duty member of the Armed Forces and receives an Honorable Discharge from military service, the dependent shall continue to be eligible for the in-State tuition rate and applicable mandatory fees so long as the dependent establishes residency within North Carolina within 30 days after the discharge and is continuously enrolled in the degree or other program in which the dependent was enrolled at the time the member is discharged.(c1) A dependent child who resides with a member of the Armed Forces who is reassigned outside of the State incident to active military duty shall remain eligible to be charged the in-State tuition rate if all of the following are met:(1) At the time the dependent child applies for admission to the institution of higher education, as defined in G.S. 116-143.1(a)(3), the dependent child both: a. Is enrolled in a North Carolina high school.b. Meets the requirements of subsection (c) of this section.(2) Upon admission, the dependent child enrolls in the institution of higher education no later than the fall academic semester immediately following notice of admission and remains continuously enrolled.(d) The person applying for the benefit of this section has the burden of proving entitlement to the benefit.(e) A person charged less than the out-of-state tuition rate solely by reason of this section shall not, during the period of receiving that benefit, qualify for or be the basis of conferring the benefit of G.S. 116-143.1(g), (h), (i), (j), (k), or (l).N.C. Gen. Stat. § 116-143.3
Amended by 2023 N.C. Sess. Laws 134,s. 8A.10-b, eff. 9/22/2023; Qualifying federal services members and their spouses and dependent children shall be eligible to be charged the in-State tuition rate beginning with the 2024-2025 academic year.Amended by 2023 N.C. Sess. Laws 134,s. 8A.9-a, eff. 9/22/2023, applicable beginning with the 2023-2024 academic year.Amended by 2021 N.C. Sess. Laws 9, s. 2-a, eff. 4/9/2021, and applicable to students admitted for the fall academic semester of 2021 and thereafter.Amended by 2011 N.C. Sess. Laws 183, s. 84, eff. 6/20/2011.Amended by 2007 N.C. Sess. Laws 484, s. 15, eff. 8/30/2007.Amended by 2005 N.C. Sess. Laws 445, s. 7, eff. 9/28/2005.Amended by 2005 N.C. Sess. Laws 345, s. 14, eff. 7/1/2005, which added a new section numbered 9.38 to 2005 N.C. Sess. Laws 276, eff. 7/1/2005.Amended by 2004 N.C. Sess. Laws 0130, s. 1, eff. 8/1/2004.Amended by 2003 N.C. Sess. Laws 0284, s. 8.16.(a), eff. 7/1/2003.1983 (Reg. Sess., 1984), c. 1034, s. 57; 1985 , c. 39, s. 1; c. 479, s. 69; c. 757, s. 154; 1987 , c. 564, s. 7; 1997-443, s. 10.2.