The General Assembly amended G.S.115D-39 and thus added a new provision affecting tuition classification of persons lawfully admitted to the United States and living in North Carolina.
II. North Carolina Nonprofit Entity Sponsorship
G.S.115D-39 “(c) In addition, a person sponsored under this subsection who is lawfully admitted to the United States is eligible for the State resident community college tuition rate. For purposes of this subsection, a North Carolina nonprofit entity is a charitable or religious corporation as defined in G.S. 55A-1-40 that is incorporated in North Carolina and that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, or a civic league incorporated in North Carolina under Chapter 55A of the General Statutes that is exempt from taxation under section 501(c)(4) of the Internal Revenue Code. A nonresident of the United States is sponsored by a North Carolina nonprofit entity if the student resides in North Carolina while attending the community college and the North Carolina nonprofit entity provides a signed affidavit to the community college verifying that the entity accepts financial responsibility for the student's tuition and any other required educational fees. Any North Carolina nonprofit entity that sponsors a nonresident of the United States under this subsection may sponsor no more than five nonresident students annually under this subsection. This subsection does not make a person a resident of North Carolina for any other purpose."
Pursuant to this provision, a nonprofit charitable or religious corporation or civil league may sponsor a person lawfully admitted to the United States and living in this state who attends a community college. In this case, the nonprofit charitable or religious corporation will pay the in-state tuition rate on behalf of the student that is a member for one year. The entity must meet the following conditions:
- be incorporated under the laws of North Carolina
- submit to the college a copy of the entity’s article of incorporation and the federal tax identification number or federal employer’s identification
- submit a letter on official company letterhead agreeing to pay the student’s tuition and required fees
- submit a copy of F-1 Visa or I-20 Form
- may not sponsor more than five students per year under this provision
- pay the in-state tuition and required educational fees using a check bearing the printed name of the nonprofit, charitable, or religious corporation
- submit the original notarized affidavit that will be included in the sponsor's invoice from Central Piedmont Sponsored Programs
Public School Graduate and Nonprofit Sponsorship Except RE: DACA
Since individuals with DACA classification are not eligible to receive the benefit of in-state tuition under federal law and there is not an exception for individuals with DACA classification in N.C.G.S. § 115D-39, individuals with DACA classification are not eligible to obtain the in-state tuition rate under the public school graduate exception or the nonprofit sponsorship exception.