Bill Analysis — Senate Bill 421, CC/In-State Tuition (August 12, 2021)

Summary

A bill analysis of the first edition of Senate Bill 421, CC/In-State Tuition, 2021-2022 General Assembly, prepared by Samantha Yarborough for the House Education - Community Colleges committee and dated August 12, 2021. The overview states that SB 421 would create an exception allowing a recent graduate of a North Carolina public high school to qualify for in-state tuition at the community college for the year following high school graduation if the student was unable to establish residency through the Residency Determination Service due to lack of evidence. The analysis lists criteria including being a United States citizen and having been enrolled in a North Carolina public school unit for the entire final school year. It states that the bill would become effective when it becomes law.

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Full text

                                                     SENATE BILL 421:
                                                     CC/In-State Tuition.
      2021-2022 General Assembly
     Committee:     House Education - Community Colleges. If Date:           August 12, 2021
                    favorable, re-refer to Rules, Calendar, and
                    Operations of the House
     Introduced by: Sens. Craven, Woodard, Barnes               Prepared by: Samantha Yarborough*
     Analysis of:   First Edition                                            Staff Attorney

     OVERVIEW: SB 421 would create an exception to allow a recent graduate of a North Carolina public
     high school to qualify for in-state tuition at the community college for the year following high school
     graduation if the student was unable to establish residency through the Residency Determination
     Service due to lack of evidence.
     CURRENT LAW: G.S. 115D-39 requires that students attending community colleges must meet in-
     state residency requirements under G.S. 116-143.1 (requiring one-year of domicile in the State) to receive
     in-state tuition rates, unless the students meet certain exceptions. Exceptions include:
         • Employer-paid tuition for employees working at business in the State.
         • Certain out-of-state students whose families were transferred by business, industry, or civilian
             families transferred by the Armed Forces.
         • Certain emergency personnel with permanent duty stations in the State who do not qualify for
             other waivers for courses to support their organizations' training needs.
         • Refugees who have lawfully entered the United States and are living in the State.
         • Nonresidents of the United States who have resided in the State for 12 months and have filed an
             immigration petition.
         • Persons lawfully admitted to the United States graduating from a public school in the State.
         • Persons lawfully admitted to the United States sponsored by nonprofit entities accepting financial
             responsibility for the student's tuition and fees.
     G.S. 116-143.1 establishes the process for determining resident status to receive in-state tuition, and
     requires an individual to submit information to the Residency Determination Service (RDS) administered
     by the State Education Assistance Authority (SEAA) to show proof of residency. To qualify as a resident
     for tuition purposes, a person must have established legal residence (domicile) in North Carolina and
     maintained that legal residence for at least 12 months immediately prior to his or her classification as a
     resident for tuition purposes. There is a presumption that an individual with living parents has the same
     legal residence, though this can be rebutted by evidence of age and general circumstance, including
     evidence of graduation from a North Carolina high school.
     BILL ANALYSIS: SB 421 would authorize in-state tuition rates at a community college for the school
     year immediately following a student's graduation from high school for an individual who meets all of the
     following:
            •     Is a United States citizen.
            •     Satisfied the qualifications for assignment to a public school in the State.

                                                                                                                                                             Legislative Analysis
     Jeffrey Hudson
                                                                                                                                                                   Division
         Director                                           S421-SMBN-42(e1)-v-3                                                                               919-733-2578
This bill analysis was prepared by the nonpartisan legislative staff for the use of legislators in their deliberations and does not constitute an official statement of legislative intent.
Senate Bill 421
Page 2

   •     Was enrolled in a North Carolina public school unit for the entire final school year before receiving
         a high school diploma.
   •     Was unable, due to lack of evidence, to establish residency for tuition purposes through the RDS.
EFFECTIVE DATE: SB 421 would become effective when it becomes law.
BACKGROUND: Under North Carolina common law, an individual under the age of 18 cannot establish
domicile independent of the individual’s parent, because a minor is non sui juris (lacking the legal capacity
to act on his or her own behalf). Thayer v. Thayer, 187 N.C. 573 (1924).




 *Kara McCraw, Staff Attorney in the Legislative Analysis Division, substantially contributed to this
summary.


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