§ 115B-1. Definitions.

The following definitions apply in this Chapter:

  1. Correctional officer. - An employee of an employer who is certified as a State correctional officer under the provisions of Article 1 of Chapter 17C of the General Statutes.
  2. Employer. - The State of North Carolina and its departments, agencies, and institutions; or a county, city, town, or other political subdivision of the State.
  3. Firefighter or volunteer firefighter. - The same as provided in G.S. 58-86-25 for "eligible firemen".
  4. Law enforcement officer. - An employee or volunteer of an employer who possesses the power of arrest, who has taken the law enforcement oath administered under the authority of the State as prescribed by G.S. 11-11, and who is certified as a law enforcement officer under the provisions of Article 1 of Chapter 17C of the General Statutes or certified as a deputy sheriff under the provisions of Chapter 17E of the General Statutes. "Law enforcement officer" also means the sheriff of the county.
  5. Permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty. - A person: (i) who as a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker suffered a disabling injury while in active service or training for active service, (ii) who at the time of active service or training was a North Carolina resident, and (iii) who has been determined to be permanently and totally disabled for compensation purposes by the North Carolina Industrial Commission.
  6. Rescue squad worker. - The same as provided in G.S. 58-86-30 for "eligible rescue squad worker".
  7. Survivor. - Any person whose parent, legal guardian, legal custodian, or spouse: (i) was a law enforcement officer, a correctional officer, a firefighter, a volunteer firefighter, or a rescue squad worker, (ii) was killed while in active service or training for active service or died as a result of a service-connected disability, and (iii) at the time of active service or training was a North Carolina resident. The term does not include the widow or widower of a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or a rescue squad worker if the widow or widower has remarried.
  8. Tuition. - The amount charged for registering for a credit hour of instruction and shall not be construed to mean any other fees or charges or costs of textbooks.

History

(1975, c. 606, s. 1; 1977, c. 981, s. 1; 1997-505, s. 2; 2003-230, s. 1; 2015-296, s. 1; 2019-235, s. 3.5(a).)

Editor's Note. - Session Laws 2015-296, s. 4, made the amendment to subdivision (6) of this section by Session Laws 2015-296, s. 1, applicable to the 2016 spring academic semester and each subsequent semester.

"Article 1 of Chapter 17C" has been substituted for "Chapter 17C" in this section at the direction of the Revisor of Statutes.

Session Laws 2019-235, s. 3.5(d), made the amendments to this section by Session Laws 2019-235, s. 3.5(a), applicable beginning with the 2019-2020 academic year.

Session Laws 2019-235, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-235, s. 5.5, is a severability clause.

Effect of Amendments. - Session Laws 2015-296, s. 1, effective October 30, 2015, inserted "legal guardian, legal custodian" in the first sentence of subdivision (6). For applicability, see editor's note.

Session Laws 2019-235, s. 3.5(a), added present subdivision (1) and redesignated former subdivision (1) as present subdivision (1a); inserted "correctional officer" following "law enforcement officer" in subdivision (4); and inserted "correctional officer" following "law enforcement officer" twice in subdivision (6). For applicability, see editor's note.

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 437 (1998).

§ 115B-2. Tuition waiver authorized.

  1. The constituent institutions of The University of North Carolina and the community colleges as defined in G.S. 115D-2(2) shall permit the following persons to attend classes for credit or noncredit purposes without the required payment of tuition:
    1. Repealed by Session Laws 2009-451, s. 8.11(a), effective July 1, 2009.
    2. Any person who is the survivor of a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker killed as a direct result of a traumatic injury sustained in the line of duty.
    3. The spouse of a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker who is permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty.
    4. Any child, if the child is at least 17 years old but not yet 24 years old, whose parent, legal guardian, or legal custodian is a law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker who is permanently and totally disabled as a direct result of a traumatic injury sustained in the line of duty. However, a child's eligibility for a waiver of tuition under this Chapter shall not exceed: (i) 54 months, if the child is seeking a baccalaureate degree, or (ii) if the child is not seeking a baccalaureate degree, the number of months required to complete the educational program to which the child is applying.
    5. Any child, if the child (i) is at least 17 years old but not yet 24 years old, (ii) is a ward of North Carolina or was a ward of the State at the time the child reached the age of 18, (iii) is a resident of the State; and (iv) is eligible for services under the Chaffee Education and Training Vouchers Program; but the waiver shall only be to the extent that there is any tuition still payable after receipt of other financial aid received by the student.
    6. Any child enrolled in a regional school established pursuant to Part 10 of Article 16 of Chapter 115C of the General Statutes who enrolls in classes at a constituent institution or community college which has a written agreement with the regional school.
  2. Persons eligible for the tuition waiver under subsection (a) of this section must meet admission and other standards considered appropriate by the educational institution. In addition, the constituent institutions of The University of North Carolina shall accept these persons only on a space available basis.

History

(1975, c. 606, s. 2; 1977, c. 981, s. 2; 1997-505, s. 3; 2003-230, ss. 1, 2; 2005-276, s. 9.30(a); 2009-451, s. 8.11(a); 2010-31, s. 9.26; 2011-241, s. 3; 2015-296, s. 2; 2019-235, s. 3.5(b).)

Editor's Note. - Session Laws 2015-296, s. 4, made the amendment to subsection (a) of this section by Session Laws 2015-296, s. 2, applicable to the 2016 spring academic semester and each subsequent semester.

Session Laws 2019-235, s. 3.5(d), made the amendments to subsection (a) by Session Laws 2019-235, s. 3.5(b), applicable beginning with the 2019-2020 academic year.

Session Laws 2019-235, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-235, s. 5.5, is a severability clause.

Effect of Amendments. - Session Laws 2005-276, s. 9.30(a), effective July 1, 2005, added subdivision (a)(5).

Session Laws 2009-451, s. 8.11(a), effective July 1, 2009, deleted subdivision (a)(1), which read: "Legal residents of North Carolina who have attained the age of 65."

Session Laws 2010-31, s. 9.26, effective July 1, 2010, in subdivisions (a)(4) and (a)(5), substituted "24 years old" for "23 years old"; and in subdivision (a)(4)(i), substituted "54 months" for "48 months."

Session Laws 2011-241, s. 3, effective June 23, 2011, added subdivision (a)(6).

Session Laws 2015-296, s. 2, effective October 30, 2015, inserted "legal guardian, or legal custodian" in subdivision (a)(4). For applicability, see editor's note.

Session Laws 2019-235, s. 3.5(b), effective July 1, 2019, inserted "correctional officer" following "law enforcement officer" in subdivisions (a)(2), (3) and (4). For applicability, see editor's note.

§ 115B-2.1: Repealed by Session Laws 2009-451, s. 8.11(b), effective July 1, 2009.

Editor's Note. - Former G.S. 115B-2.1, authorizing waiver of certain fees for residents over the age of 65, was enacted by Session Laws 2008-135, s. 2, as G.S. 115B-2A, and subsequently renumbered at the direction of the Revisor of Statutes.

§ 115B-2.2. Senior citizens may audit classes.

Any person who is at least 65 years old may audit courses offered at the constituent institutions of The University of North Carolina and the community colleges as defined in G.S. 115D-2(2) without payment of any required registration fee or tuition for the audit provided the audit is approved in accordance with policies adopted by the Board of Governors and the State Board of Community Colleges for their respective institutions, and there is no cost to the State. A person shall be allowed to audit a class under this section only on a space available basis. Persons auditing classes under this section shall not be counted in the computation of enrollment for funding purposes. This section does not apply to audits of courses provided on a self-supporting basis by community colleges.

History

(2017-57, s. 10.12(a).)

Editor's Note. - Session Laws 2017-57, s. 10.12(c), provides: "The Board of Governors of The University of North Carolina and the State Board of Community Colleges shall adopt policies to implement this section."

Session Laws 2017-57, s. 10.12(d), made this section effective July 1, 2017, and applicable beginning with the 2017 fall academic semester.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 115B-3. Rules.

The Board of Governors of The University of North Carolina and the State Board of Community Colleges shall each, with respect to the institutions governed by it, promulgate rules necessary for the implementation of this Chapter.

History

(1975, c. 606, s. 3; 1977, c. 981, s. 3; 2003-230, s. 3.)

§ 115B-4. Enrollment computation for funding purposes.

Except as provided in G.S. 115B-2.2, persons attending classes under the provisions of this Chapter, without payment of tuition, shall be counted in the computation of enrollment for funding purposes.

History

(1975, c. 606, s. 4; 1977, c. 981, s. 4; 2017-57, s. 10.12(b).)

Editor's Note. - Session Laws 2017-57, s. 10.12(c), provides: "The Board of Governors of The University of North Carolina and the State Board of Community Colleges shall adopt policies to implement this section."

Session Laws 2017-57, s. 10.12(d), made the addition of "Except as provided in G.S. 115B-2.2" at the beginning of this section by Session Laws 2017-57, s. 10.12(b), effective July 1, 2017, and applicable beginning with the 2017 fall academic semester.

Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'"

Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium."

Session Laws 2017-57, s. 39.6, is a severability clause.

§ 115B-5. Proof of eligibility.

  1. Repealed by Session Laws 2009-451, s. 8.11(c), effective July 1, 2009.
  2. The officials of the institutions charged with administration of this Chapter shall require the following proof to insure that a person applying to the institution and who requests a tuition waiver under G.S. 115B-2(a)(2), (3), or (4) is eligible for the benefits provided by this Chapter.
    1. The parent-child relationship shall be verified by a birth certificate, legal adoption papers, or other documentary evidence deemed appropriate by the institution.
    2. The legal guardian-child relationship shall be verified by an order from a court proceeding that established the legal guardianship.
    3. The legal custodian-child relationship shall be verified by an order from a court proceeding that established the legal custodianship.
    4. The marital relationship shall be verified by a marriage certificate or other documentary evidence deemed appropriate by the institution.
    5. The cause of death of the law enforcement officer, correctional officer, firefighter, volunteer firefighter, or rescue squad worker shall be verified by certification from the records of the Department of State Treasurer, the appropriate city or county law enforcement agency that employed the deceased, the administrative agency for the fire department or fire protection district recognized for funding under the Department of State Auditor, or the administrative agency having jurisdiction over any paid firefighters of all counties and cities.
    6. The permanent and total disability shall be verified by documentation deemed necessary by the institution from the North Carolina Industrial Commission.
  3. The officials of the institutions charged with administration of this Chapter may require proof to verify that a person applying to the institution under G.S. 115B-2(a)(5) is eligible for the benefits provided by this Chapter.

History

(1975, c. 606, s. 5; 1977, c. 981, s. 5; 1997-505, s. 4; 2003-230, s. 1; 2005-276, s. 9.30(b); 2009-451, s. 8.11(c); 2015-296, ss. 3, 3.5; 2019-235, s. 3.5(c).)

Editor's Note. - Session Laws 2015-296, s. 4, made the amendments to subsections (b) and (c) of this section by Session Laws 2015-296, ss. 3 and 3.5, applicable to the 2016 spring academic semester and each subsequent semester.

Session Laws 2019-235, s. 3.5(d), made the amendment to subdivision (b)(3) by Session Laws 2019-235, s. 3.5(c), applicable beginning with the 2019-2020 academic year.

Session Laws 2019-235, s. 5.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2019-2021 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2019-2021 fiscal biennium."

Session Laws 2019-235, s. 5.5, is a severability clause.

Effect of Amendments. - Session Laws 2005-276, s. 9.30(b), effective July 1, 2005, added subsection (c).

Session Laws 2009-451, s. 8.11(c), effective July 1, 2009, deleted subsection (a), which permitted the officials charged with administering Chapter 115B to require whatever proof of eligibility they deemed necessary.

Session Laws 2015-296, ss. 3, 3.5, effective October 30, 2015, substituted "G.S. 115B-2(a)(2)" for "G.S. 115B-2(2)" in the first sentence of subsection (b); added subdivisions (b)(1a) and (b)(1b); and substituted "G.S. 115B-2(a)(5)" for "G.S. 115B-2(5)" in subsection (c). For applicability, see editor's note.

Session Laws 2019-235, s. 3.5(c), effective July 1, 2019, inserted "correctional officer" near the beginning of subdivision (b)(3). For applicability, see editor's note.

§ 115B-5.1. Student to be credited for scholarship value.

If a person obtains a tuition waiver under G.S. 115B-2(a)(2), (3), or (4) and the person also receives a cash scholarship paid or payable to the institution, from whatever source, the amount of the scholarship shall be applied to the credit of the person in the payment of incidental expenses of the person's attendance at the institution, and any balance, if the terms of the scholarship permit, shall be returned to the student.

History

(1997-505, s. 5; 2003-230, s. 1; 2009-570, s. 13; 2015-296, s. 3.7.)

Editor's Note. - This section was enacted as G.S. 115B-5A by Session Laws 1997-505, s. 5. It was recodified as G.S. 115B-5.1 by Session Laws 2009-570, s. 13, effective August 28, 2009.

Session Laws 2015-296, s. 4, made the amendment to this section by Session Laws 2015-296, s. 3.7, applicable to the 2016 spring academic semester and each subsequent semester.

Effect of Amendments. - Session Laws 2015-296, s. 3.7, effective October 30, 2015, substituted "G.S. 115B-2(a)(2)" for "G.S. 115B-2(2)" near the beginning of the sentence. For applicability, see editor's note.

§ 115B-6. Misrepresentation of eligibility.

Any applicant who willfully misrepresents his eligibility for the tuition benefits provided under this Chapter, or any person who knowingly aids or abets such applicant in misrepresenting his eligibility for such benefits, shall be deemed guilty of a Class 3 misdemeanor.

History

(1975, c. 606, s. 6; 1977, c. 981, s. 6; 1993, c. 539, s. 879; 1994, Ex. Sess., c. 24, s. 14(c).)