N.C. Constitution Shapes Tuition

Article IX, Section 9 of the N.C. Constitution states: "The (N.C.) General Assembly shall provide that the benefits of The University of North Carolina and other public institutions of higher education, as far as practicable, be extended to the people of the State free of expense."

The phrase "as far as practicable" and its meaning have caused debate among state leaders whose interpretation of the wording might determine how much students pay to attend college.

John Sanders, a former BOG member and staff adviser to the General Assembly in 1968, when the state constitution was redrafted and the tuition mandate was added, said the interpretation given to Article IX, Section 9 has varied throughout time.

"It doesn't have a specific meaning that you can go in court and get enforced," Sanders said. "It's a general admonition to those who are involved in the administration of the university to keep the costs as low as practicable."

Sanders said the section also was intended to allow universities to be able to raise out-of-state tuition to remain competitive with schools in other states.

Andrew Payne, president of the UNC-system Association of Student Governments, said the sentiment of the section means UNC-system schools should be totally free to North Carolinians. "I think (Article IX, Section 9) means that North Carolinians should be able to attend (public universities) free of cost," Payne said. "And that includes tuition, fees and room and board. In my eyes, it's not vague at all. ... I think that people who want to raise tuition want to interpret it as vague."

But UNC-Chapel Hill Chancellor James Moeser said Article IX, Section 9 is difficult to interpret. "I don't think anyone knows what the terms 'practicable' or 'free of expense' mean because there is no such thing in higher education," Moeser said.

In the end, Payne said, the BOG has little power to interpret or enforce the section because the General Assembly ultimately sets tuition rates. The BOG recommends a tuition increase amount as part of its annual budget, which must be approved by the General Assembly.

The individual boards of trustees at the 16 system schools can recommend increases, which then must be approved by the BOG and the General Assembly.

With the state's economic picture continuing to look bleak, many officials have said increases in state appropriations are unlikely in the near future.

Partially in response, the trustee boards at 13 UNC-system schools -- including UNC-CH -- have asked for tuition increases this year.

The BOG also is considering a systemwide tuition increase of as much as 10 percent to fund enrollment growth and need-based financial aid. The board is scheduled to act on tuition Wednesday.

Payne said the legislature has made it difficult for the BOG to avoid tuition increases. "The General Assembly puts (the BOG) in a position to where they have to raise tuition," Payne said. "It's the General Assembly's responsibility to make sure that the constitution is upheld.

"I think (the BOG's ability to recommend tuition increases) is a good thing if, and only if, the General Assembly follows the recommendations of the BOG, and they have made it clear that anytime they need additional funding they're going to put it on the backs of students."

Former UNC-system President Bill Friday said the lack of funding and the variety of ways in which tuition can be raised could squeeze out some of the state's lower-income students.

"What's happening is that families in the state ... are looking at these (tuition) figures and saying, 'Well, we just can't apply,'" Friday said.

"Students are being hit from all sides. What's happening here is that we not only have the states levying tuition increases, we also have the Board of Governors and the individual boards of trustees levying increases."

But current leaders say the constitution doesn't mandate any particular course of action and that it's up to system officials to decide what is best for the University.

"The constitution, in my opinion, does not state specifically what tuition should be," said BOG member Addison Bell. "I interpret it as the spirit that we should make university tuition as inexpensive as possible.

"We have seen a drop off in funding from the legislature. ... At the same time, we have increased numbers in enrollment. Funding has to provide two things -- it has to provide access and it has to provide quality."

Moeser said UNC-system schools are doing a better job of keeping their doors open to all of the state's residents despite increasing tuition by providing high levels of financial aid. "State schools are doing better in terms of providing financial aid," he said.

BOG member Ray Farris also said maintaining quality goes hand in hand with keeping the University accessible.

"A logical interpretation of (the section) would be as free of expense as possible without diminishing the quality of the institution," Farris said. "Until there's a judicial determination of what it means, we don't know what it means."

The State & National Editor can be reached at stntdesk@unc.edu.