EDUCATION
CHAPTER 37
MISCELLANEOUS PROVISIONS RELATING TO STATE
INSTITUTIONS OF LEARNING
33-3717B.Residency requirements. (1) For any public institution of higher education in Idaho, a "resident
student" is:
(a) Any
student who has one (1) or more parent or parents or court-appointed
guardians who are domiciled in the state of Idaho, and the parent,
parents or guardians provide at least fifty percent (50%) of the student's
support. Domicile, as used in this section, means that individual's
true, fixed and permanent home and place of habitation. It is the
place where that individual intends to remain, and to which that individual
expects to return when that individual leaves without intending to
establish a new domicile elsewhere. To qualify under this section,
the parent, parents or guardians must have maintained a bona fide
domicile in the state of Idaho for at least twelve (12) months prior
to the opening day of the term for which the student matriculates.
(b) Any
student, who receives less than fifty percent (50%) of the student's
support from a parent, parents or legal guardians and who has continuously
resided and maintained a bona fide domicile in the state of Idaho
primarily for purposes other than educational for twelve (12) months
next preceding the opening day of the term during which the student
proposes to attend the college or university.
(c) Subject
to subsection (2) of this section, any student who is a graduate of
an accredited secondary school in the state of Idaho, and who matriculates
at a college or university in the state of Idaho during the term immediately
following such graduation regardless of the residence of the student's
parent or guardian.
(d) The
spouse of a person who is classified, or is eligible for classification,
as a resident of the state of Idaho for the purposes of attending
a college or university.
(e) A member
of the armed forces of the United States, stationed in the state of
Idaho on military orders.
(f) An officer
or an enlisted member of the Idaho national guard.
(g) A student
whose parent or guardian is a member of the armed forces and stationed
in the state of Idaho on military orders and who receives fifty percent
(50%) or more of support from parents or legal guardians. The student,
while in continuous attendance, shall not lose that residence when
the student's parent or guardian is transferred on military orders.
(h) A person
separated, under honorable conditions, from the United States armed
forces after at least two (2) years of service, who at the time of
separation designates the state of Idaho as his intended domicile
or who has Idaho as the home of record in service and enters a college
or university in the state of Idaho within one (1) year of the date
of separation.
(i) Any
individual who has been domiciled in the state of Idaho, has qualified
and would otherwise be qualified under the provisions of this statute
and who is away from the state for a period of less than thirty (30)
months and has not established legal residence elsewhere provided
a twelve (12) month period of continuous residence has been established
immediately prior to departure; provided however, time spent away
from the state while enrolled in a postsecondary education program
shall not be included in the thirty (30) months. Such time spent away
from the state while enrolled shall include normal academic year breaks,
such as summer breaks or breaks between semesters or quarters, that
occur prior to the receipt of the postsecondary degree.
(j) A student
who is a member of any of the following Idaho Native American Indian
tribes, regardless of current domicile, shall be considered an Idaho
state resident for purposes of fees or tuition at institutions of
higher education: members of the following Idaho Native American Indian
tribes, whose traditional and customary tribal boundaries included
portions of the state of Idaho, or whose Indian tribe was granted
reserved lands within the state of Idaho: (i) Coeur d'Alene tribe;
(ii) Shoshone-Paiute tribes; (iii) Nez Perce tribe; (iv) Shoshone-Bannock
tribes; (v) Kootenai tribe.
(2) A "nonresident
student" shall mean any student who does not qualify as a "resident
student" under the provisions of subsection (1) of this section,
and shall include:
(a) A student
attending an institution in this state with the aid of financial assistance
provided by another state or governmental unit or agency thereof,
such nonresidency continuing for one (1) year after the completion
of the semester for which such assistance is last provided.
(b) A person
who is not a citizen of the United States of America, who does not
have permanent or temporary resident status or does not hold "refugee-parolee"
or "conditional entrant" status with the United States immigration
and naturalization service or is not otherwise permanently residing
in the United States under color of the law and who does not also
meet and comply with all applicable requirements of this section.
(3) The
establishment of a new domicile in Idaho by a person formerly domiciled
in another state has occurred if such person is physically present
in Idaho primarily for purposes other than educational and can show
satisfactory proof that such person is without a present intention
to return to such other state or to acquire a domicile at some other
place outside of Idaho. A student who is enrolled for more than eight
(8) hours in any semester or quarter during a twelve (12) month period
shall be presumed to be in Idaho for primarily educational purposes.
Such period of enrollment shall not be counted toward the establishment
of a bona fide domicile in this state unless the student proves, in
fact, establishment of a bona fide domicile in this state primarily
for purposes other than educational. Institutions determining whether
a student is domiciled in the state of Idaho primarily for purposes
other than educational shall consider, but shall not be limited to,
the following factors:
(a) Any
of the following, if done for at least twelve (12) months before the
term in which the student proposes to enroll as a resident student,
proves the establishment and maintenance of domicile in Idaho for
purposes other than educational and supports classification of a student
as an Idaho resident:
(i) Filing
of Idaho state income tax returns covering a period of at least twelve
(12) months before the term in which the student proposes to enroll
as a resident student;
(ii) Permanent
full-time employment or the hourly equivalent thereof in the state
of Idaho; or
(iii) Ownership
by the student of the student's living quarters.
(b) The
following, if done for at least twelve (12) months before the term
in which the student proposes to enroll as a resident student, lend
support to domiciliary intent and the absence of which indicates a
lack of domiciliary intent. By themselves, the following do not constitute
sufficient evidence of the establishment and maintenance of a domicile
in Idaho for purposes other than educational:
(i) Registration
and payment of Idaho taxes or fees on a motor vehicle, mobile home,
travel trailer or other item of personal property for which state
registration and the payment of a state tax or fee is required;
(ii) Registration
to vote for state elected officials in Idaho at a general election;
(iii) Holding
an Idaho driver's license;
(iv) Evidence
of abandonment of a previous domicile;
(v) Presence
of household goods in Idaho;
(vi) Establishment
of accounts with Idaho financial institutions; and
(vii) Other similar
factors indicating intent to be domiciled in Idaho and the maintenance
of such domicile.
(4) The
state board of education and the board of regents of the university
of Idaho shall adopt uniform and standard rules applicable to all
state colleges and universities now or hereafter established to determine
resident status of any student and to establish procedures for review
of that status.
(5) Appeal
from a final determination denying resident status may be initiated
by the filing of an action in the district court of the county in
which the affected college or university is located; an appeal from
the district court shall lie as in all civil actions.
(6) Nothing
contained herein shall prevent the state board of education and the
board of regents of the university of Idaho from establishing quotas,
standards for admission, standards for readmission, or other terms
and requirements governing persons who are not residents for purposes
of higher education.
(7) For
students who apply for special graduate and professional programs
including, but not limited to, the WWAMI (Washington, Wyoming, Alaska,
Montana, Idaho) regional medical program, the WICHE student exchange
programs, Creighton university school of dental science, the university
of Utah college of medicine, and the Washington, Oregon, Idaho (WOI)
regional program in veterinary medical education, no applicant shall
be certified or otherwise designated as a beneficiary of such special
program who has not been a resident of the state of Idaho for at least
one (1) calendar year previous to the application date.
Idaho Statutes