S478 - In-State Tuition For Certain Veterans/Federal Program (SL 2015-116)

Overview: S.L. 2015-116, as amended by Sec. 3.9 of S.L. 2015-268 and Sec. 65.5 of S.L. 2015-264, makes the following changes related to in-state tuition for veterans: (i) repeals requirements for constituent institutions and community colleges to participate in the Yellow Ribbon Program and (ii) provides that certain non-resident veterans and other individuals entitled to federal education benefits under the Montgomery GI Bill Active Duty Education Program or the Post-9/11 Educational Assistance Program are eligible for in-state tuition by waiving the 12-month residency requirement if certain conditions are met.

The 12-month residency requirement is waived for any veteran who meets the following criteria:

• Served active duty for at least 90 days in the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration and was discharged or released from service.
• Qualifies for admission to the institution of higher education.
• Enrolls within three years of the veteran's discharge or release.
• Qualifies for and uses federal educational benefits under either the Montgomery GI Bill Active Duty Education Program or Post-9/11 Educational Assistance.
• Abides in North Carolina.
• Provides the institution of higher education with a letter of intent to establish legal residence in North Carolina.

The 12-month residency requirement is waived for any other person who meets the following criteria:

• The person is the recipient of a veteran's federal educational benefits under either the Montgomery GI Bill Active Duty Education Program or Post-9/11 Educational Assistance.
• The person qualifies for admission and enrolls in an institution of higher education within three years of the veteran's discharge or release from the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration.
• The person's abode is North Carolina.
• The person provides the institution of higher education with a letter of intent to establish legal residence in North Carolina.

The act also provides that, after the expiration of the 3-year period following discharge or death, any enrolled veteran or recipient of transferred federal educational benefits for whom the 12-month residency requirement was waived will continue to be eligible for the in-State tuition rate so long as the veteran or recipient remains continuously enrolled at that same institution of higher education.

This act became effective July 1, 2015, and applies to qualifying veterans and other individuals entitled to federal educational benefits under the Montgomery GI Bill Active Duty Education Program or Post-9/11 Educational Assistance who are enrolled or who enroll in institutions of higher education for any academic quarter, term, or semester that begins on or after that date.