State Residency Classification for Tuition Purposes Training July 2010

State Residency Classification for Tuition Purposes

Training July 2010

North CarolinaState Residence Classification ManualA Manual to Assist the Public Higher Education Institutionsof North Carolina in the Matter of State ResidenceClassification for Tuition Purposes

Lesson 10 Appeals to the State Residence CommitteeAnne White

UNC School of the Arts

State Residence Committee: Lesson 10

Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition◦Functions


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition◦Functions◦Grounds for Appeal


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition◦Functions◦Grounds for Appeal◦Procedures and Deadlines


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition◦Functions◦Grounds for Appeal◦Procedures and Deadlines◦Basis of Review


Most Recent Details of the Policies and Procedures of the State Residence Committee (SRC) as it applies its:◦Composition◦Functions◦Grounds for Appeal◦Procedures and Deadlines◦Basis of Review◦Disposition of the Cases


Equal Representation from the University System and the Community College System Office. Currently there are 7 from each system.



Current term of appointment = 2 years September to July




One Co-Chair from each system main office




One Co-Chair from each system main office Members recuse themselves during

deliberations, discussion, and voting on records from their own institutions


Decide cases appealed to it from the campuses



Evaluate campus procedures, current law and substantive rules, and make appropriate recommendations



Evaluate campus procedures, current law and substantive rules and make appropriate recommendations

Maintain a current State Residence Classification Manual = a.k.a. “The Manual”


Decide cases appealed to it from the campuses Evaluate campus procedures, current law and

substantive rules and make appropriate recommendations

Maintain a current State Residence Classification Manual = a.k.a. “The Manual”

Advise and share general advice about residency classifications for tuition purposes including training opportunities for classifiers


There are four sole grounds for appeal:◦ The decision was made in disregard of or mistake

with reference to the requirements of law or Manual policy




◦ Manual provisions as currently stated do not address the present issue and the decision violates state or federal law





◦ Manual provisions as currently stated are at disagreement with later developed case law relevant to the decision





◦ Manual provisions as currently stated are at disagreement with later developed case law relevant to the decision

◦ The record does not support the conclusion reached by the institution and is not reasonable


The SRC follows the policies and procedures of both its operation as well as the policies and procedures of the institution



Deadlines are strictly followed



Deadlines are strictly followed Failure to follow timelines and procedures

will result in a dismissal of the case by the SRC


The SRC ONLY reviews the case “on the record” and no new information may be attached, forwarded or included that was not reviewed by the campus classifying bodies


The SRC ONLY reviews the case “on the record” and no new information may be attached, forwarded or included that was not reviewed by the campus classifying bodies

Additional materials will not be reviewed by the SRC, including new information contained within the student’s appeal letter to the SRC.


The Policies and Procedures of the State Residence Committee (Amended March 10, 2009) provides clear steps for the procedures a petitioner must follow in the filing of an appeal with the SRC



As defined in the current policy, a total of 50 days plus processing time may pass before the case arrives at the SRC



As defined in the current policy, a total of 50 days plus processing time may pass before the case arrives at the SRC

The case must be received at UNC at least 30 days prior to the next scheduled SRC meeting


Sustain


Sustain Overturn


Sustain Overturn Decline to review due to procedural error or

proper bases for review



proper bases for review Remand for further institutional inquiry or

further action. This case could return to SRC at a later time for final appeal if campus concludes terms of the remand and decision remains out–of-state





Final decision is provided in writing





Final decision is provided in writing The SRC is the final administrative remedy


The SRC is exempt form the North Carolina Administrative Procedure Act and is not required to give reasons for its decisions


One of the duties of the SRC is to review, advise and adopt forms used by the institutions for the purpose of conducting appeals

Make routine visits to the website:http://www.northcarolina.edu/legal/residence/index.htm

For updates and changes in residency classification law



THANK YOU!

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State Residency Classification for Tuition Purposes Training July 2010

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