2005 Idaho Code - 33-3717B — RESIDENCY REQUIREMENTS

                                  TITLE  33
                                  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.
    Domicile, in the case of a parent or guardian, 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 one (1) year 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 who are not
    residents of this state for voting purposes, but which student has
    continuously resided in the state of Idaho for twelve (12) months next
    preceding the opening day of the term during which the student proposes to
    attend the college or university and who has in fact established a bona
    fide domicile in this state primarily for purposes other than educational.
    (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)  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.
    (g)  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.
    (h)  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 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.
    (i)  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. 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)  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;
    (b)  Filing of Idaho state income tax returns;
    (c)  Permanent full-time employment or the hourly equivalent thereof in
    the state of Idaho;
    (d)  Registration to vote for state elected officials in Idaho at a
    general election.
    (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 WAMI (Washington, 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.