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LADYLAWYER
LADYLAWYER, Lawyer
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I am trying to figure out what the law is really stating concerning

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I am trying to figure out what the law is really stating concerning 2nd degree students. I am a second degree bachelors student in NC (with 120 previous credits). My college is trying to charge me the surcharge - stemming from this law (below). They claim that any credits above 120 get the surcharge. I think they are interpreting the law incorrectly.Full document: http://www.northcarolina.edu/policy/index.php?pg=vs&id=s8286Applies to me: Paragraph V/Point C:
For students earning a baccalaureate degree other than their first, the surcharge shall be applied to all counted credit hours that exceed 110 percent of the minimum additional credit hours needed to earn the additional baccalaureate degree.
Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.
Hello!
The surcharge should be applied when you exceed 110% of the minimum number of ADDITIONAL hours required for the second degree. It should not be calculated based upon the number of hours you took or needed to complete your first degree. It also says right on their website that "The minimum additional credit hours will be determined at the time of admission to studies for the second or other baccalaureate degree." So clearly, once you go 110% over that number they set, then and only then should the surcharge apply.
Please let me know if you have any further questions about this--I am happy to answer them! If not, would you kindly leave a positive rating for me at this time? It costs you nothing further to do but it is the only way the site will give me credit for my time. Thank you!
Customer: replied 1 year ago.
Thank you! My college references/quotes the link that I originally sent you. Below is my college website and their specific quote on the surcharge:"Students earning an undergraduate degree other than their first will be charged 110% of the minimum additional credit hours needed to earn the degree."https://www.wssu.edu/administration/registrar/tuition-surcharge/tuition-surcharge-faq.aspxIf I have:
90 credits for my 1st degree (elementary ed) +
30 credits for my nursing pre-reqs (required for nursing program) = transfer credits
75 credits for the nursing degree program I am currently in and I am taking no additional classes.Then I shouldn't be a candidate for this surcharge, correct? Although I have over 140 credits...I am not taking beyond 110% of credits for this second degree. I am ONLY taking those credits required for this degree.Thanks again for your help!!!!
Customer: replied 1 year ago.
And further down website page:"If a student has 140 s.h. or more, the surcharge is 50% of his other tuition (only tuition, not fees). The surcharge applies to in-state tuition and out-of-state tuition."
Expert:  LADYLAWYER replied 1 year ago.
What is the minimum amount of credits you need to obtain your second degree?
Customer: replied 1 year ago.
That is where is gets a little tricky. I am in an accelerated second degree bachelor's program (ABSN). To get into this program we had to have a bachelor's degree, as well as a certain number of pre-req classes. The traditional nursing program (BSN) is required to have 126 credits to graduate.Our program is 75 units, but it taps into our general ed from our first degrees, as well as our required pre-reqs. So I guess the minimum for us is 75 + 27(p.r.) = 102 creditsRequired Pre-Reqs (in addition to my 1st degree): anatomy (5), physio (5), micro (5), stats (4), chemistry (5) and psychology (3). I transferred all of the previous into this college.
Customer: replied 1 year ago.
Here is what our handbook says:GRADUATION REQUIREMENTS
A total of 128 semester hours are required for graduation. This includes 71 semester hours in the lower division courses (support, core and prerequisite-nursing requirements), and 55 semester hours of upper division nursing courses. Each candidate for graduation must file an application for submission to the WSSU Office of the Registrar after approval by the advisor and Division Associate Dean....further down the page:Graduation Requirements for Undergraduates
Undergraduates must officially apply for graduation with the Office of the Registrar.
In addition to the general education requirements and major and minor requirements, a candidate for any baccalaureate degree must have met the following requirements:
Academic Requirements:
1. Minimum of 120 SH with an overall grade point average of 2.0.
2. Satisfy all academic requirements specified by major and minor programs
including grade point average.
3. Complete a minimum of 40 SH of upper-division courses (3000-
and 4000-level courses).
4. No more than 30 SH of correspondence and/or credit by means of
assessment can be applied to the degree, with a maximum of 15 percent of total hours required for graduation earned through correspondence.
Expert:  LADYLAWYER replied 1 year ago.
Thanks for the additional info, but I still need a break down of the credit the SCHOOL is using to come to their conclusion. I don't know where they are getting the 120 credit number from and what number they are applying the 110% to. Did they break it down for you?
Customer: replied 1 year ago.
I haven't been charged the fee yet - just told to expect that it is coming and it has hit a few classmates account already. I am trying to get ahead of the game.When I transferred into this school - they accepted:
90 credits from my first bachelors degree (BSE) and
30 credits from my pre-reqs for nursing from a local junior college
=120 creditsNow I am in the midst of my accelerated bachelors degree for nursing...which is 75 units.
It seems like they are charging students in our program once they get to 130 credits.
Expert:  LADYLAWYER replied 1 year ago.
I see, thanks. If the school is counting your 90 original credit hours from your first degree as "pre requisites" towards your second degree, then yes, I guess they could charge you the surcharge based on their policy. The policy states that, "the surcharge shall be applied to all COUNTED credit hours that exceed 110 percent of the minimum additional credit hours needed to earn the additional baccalaureate degree." So it appears they are counting your first 90 hours as well as your 30 other prerecs and coming up with the 120 hours, which would indeed exceed the 110% minimum of the additional (75) hours you would need to complete this second degree.
Expert:  LADYLAWYER replied 1 year ago.
Please just let me know if you have any further questions or need additional clarification. I am happy to keep assisting you! If you do to need any additional help, would you kindly consider leaving me a positive rating regarding the service I have provided you with? This will cost you nothing further to do but it is the only way the site can keep track of our questions and pays us for our time. Thank you so much. It has been a pleasure.
Customer: replied 1 year ago.
I promise...i will give you a high rating.
If this program requires me to have a bachelors degree...can they choose to use that required completed first degree as pre-reqs to this program?Is there a way to get around that?Thank you so much for your help!
Expert:  LADYLAWYER replied 1 year ago.
Therein lies the real issue, I believe. The actual law allowing tuition surcharges is found in North Carolina General Statutes, Sections 116-143.7. You can see that here: http://www.ncga.state.nc.us/gascripts/statutes/statutelookup.pl?statute=116-143.7
As you can see, the law says nothing about counting the credit hours from the first degree a student received to then use in the calculation of the additional hours the student needs to complete their second degree. The University is choosing to do that on its own and it would be allowed to because the law is silent on the issue. I am sure the legislature did not mean for the University to be able to use a loophole like this but until the law is changed or until the University changes its policy, I'm afraid it can lump all the hours from your first degree into their calculations for the surcharge. Those Universities will rob you blind--things haven't changed at all since I was in school 10 years ago.
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