2005 Idaho Code - 33-2110B — RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS

                                  TITLE  33
                                  EDUCATION
                                  CHAPTER 21
                               JUNIOR COLLEGES
    33-2110B.  RESIDENCY -- RULES -- APPEAL -- STANDARDS FOR NONRESIDENTS. (1)
For purposes of this chapter, a resident student is:
    (a)  Any student whose parents or court-appointed guardians are domiciled
    in the junior college district and provide more than fifty percent (50%)
    of his support. Domicile means an individual's true, fixed and permanent
    home and place of habitation. It is the place where he intends to remain,
    and to which he expects to return when he leaves without intending to
    establish a new domicile elsewhere. To qualify under this section the
    parents or guardian must have resided continuously in the junior college
    district for twelve (12) months next preceding the opening day of the term
    for which the student matriculates.
    (b)  Any student who receives less than fifty percent (50%) of his support
    from parents or legal guardians who are not residents of the junior
    college district for voting purposes and who has continuously resided in
    the junior college district for twelve (12) months next preceding the
    opening day of the period of instruction during which he proposes to
    attend the junior college.
    (c)  The spouse of a person who is classified, or is eligible for
    classification, as a resident of the junior college district for the
    purposes of attending that junior college.
    (d)  A member of the armed forces of the United States, stationed in the
    junior college district on military orders.
    (e)  A student whose parents or guardians are members of the armed forces
    and stationed in the junior college district 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 his
    residence when his parents or guardians are transferred on military
    orders.
    (f)  A person separated, under honorable conditions, from the United
    States armed forces after at least two (2) years of active service, who at
    the time of separation designates the junior college district as his
    intended domicile or who has the district as the home of record in service
    and enters the junior college within one (1) year of the date of
    separation.
    (g)  Any individual who has been domiciled in the junior college district,
    has qualified and would otherwise be qualified under the provisions of
    this statute, and who is away from the district for a period of less than
    one (1) calendar year and has not established legal residence elsewhere
    provided a twelve (12) month period of continuous residence has been
    established immediately prior to departure.
    (2)  A junior college board of trustees shall adopt rules and regulations
applicable to their college now or hereafter established to determine
residence status of any student and to establish procedures for review of that
status.
    (3)  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 junior college is located. An appeal from the district
court shall lie as in all civil actions.
    (4)  Nothing contained herein shall prevent a junior college board of
trustees from waiving tuition to be paid by nonresident students.
    (5)  Nothing contained herein shall prevent a junior college board of
trustees from establishing quotas, standards for admission, standards for
readmission, or other terms and requirements governing persons who are not
residents for purposes of the first two (2) years of postsecondary education.