116-143.3A. Waiver of 12-month residency requirement for certain veterans and other individuals.

(a) Definitions. - The following definitions apply in this section:

(1) Abode. - Has the same meaning as G.S. 116-143.3(a)(1).

(2) Armed Forces. - Has the same meaning as G.S. 116-143.3(a)(2).

(3) Veteran. - A person who served active duty for not less than 90 days in the Armed Forces, the Commissioned Corps of the U.S. Public Health Service, or the National Oceanic and Atmospheric Administration and who was discharged or released from such service.

(b) Waiver of 12-month residency requirement for certain veterans and other Certain Individuals. - Any veteran, dependent of a veteran, or other individual who qualifies for admission to an institution of higher education as defined in G.S. 116-143.1(a)(3) is eligible to be charged the in-State tuition rate and applicable mandatory fees for enrollment, to the extent required by Section 702 of the Veterans Access, Choice, and Accountability Act of 2014, as amended, 38 U.S.C. 3679, without satisfying the 12-month residency requirement under G.S. 116-143.1, provided the individual meets all of the following criteria:

(1), (2) Repealed by Session Laws 2019-201, s. 5(a), effective August 23, 2019.

(3) The individual's abode is North Carolina.

(4) The individual provides the institution of higher education at which the individual intends to enroll a letter of intent to establish residence in North Carolina.

(5) The individual meets the definition of a "covered individual" under 38 U.S.C. 3679(c).

(c) through (c2) Repealed by Session Laws 2019-201, s. 5(a), effective August 23, 2019.

(d) After the expiration of the three-year period following discharge as described in 38 U.S.C. 3679(c), any enrolled individual who is eligible for in-State tuition under this section shall continue to be eligible for the in-State tuition rate so long as the covered individual remains continuously enrolled (other than during regularly scheduled breaks between courses, quarters, terms, or semesters) at that institution of higher education.

(e) The individual applying for the benefit of this section has the burden of proving entitlement to the benefit. (2015-116, s. 1; 2015-264, s. 65.5; 2015-268, s. 3.9; 2017-57, s. 10.11; 2017-155, s. 4; 2019-201, s. 5(a).)