Idaho Residency

Definitions

Armed Forces means the United States Army, Navy, Air Force, Marine Corps, Coast Guard, and the reserve forces of those groups and does not include the National Guard or any other reserve force.

Continuously Resided means you have maintained a physical presence in Idaho for 12 consecutive months. As an independent student you must have continuously resided in Idaho for the 12 months prior to the term for which residency is sought. Evidence of physical presence in Idaho might include: utility statements, rental agreement, bank statements, documentation from an Idaho employer, etc.

Domicile is an individual’s true, fixed and permanent home and place of habitation; it is the place where the individual intends to remain and expects to return to when leaving without establishing a new domicile elsewhere.

Full-time employment means 30 works per week or 120 hours per month.

Non-resident student means you meet one of the following:

• Do not qualify for residency under the above options; or
• Attend an institution with financial assistance from another country or governmental unit or agency thereof, such non-residency continuing for 1 year after completion of the term for which such assistance is last provided; or
• Are not a citizen of the United States, unless you can provide verification of lawful presence in the United States. “Lawful presence” is verified through the means set forth in Idaho Code, 67-7903. As a non-citizen who can provide verification of lawful presence in the United States, you must meet one of the seven pathways to establish residency set forth above.

Primarily Educational Purposes means enrollment in 12 or more credit hours in any term during the past 12 months.

Support means financial support given to the student during the twelve (12) months preceding the opening date of the term for which resident status is requested, but shall not include educational scholarships or grants provided to the student to attend a post-secondary educational institution.

Relevant Laws

The statutory and regulatory provisions relevant to residency determinations may be found at:

• Idaho Code Section 33-3717B (institutions other than community colleges)
• Idaho Code Section 33-2110A (community colleges) IDAPA 08.01.04.
• Governing Policies of the State Board of Education

Residency Appeals Process

You may appeal the decision of the Residency Coordinator in writing to the Residency Appeals Committee. To file an appeal the applicant must specify in writing why you believe you have met the criteria and on what basis you should be given residency. The appeal should be turned in to the Residency Coordinator. You will be notified in writing of the decision of the Residency Appeals Committee.

If you contest the determination of the Residency Appeals Committee that you are not a qualified resident, you may petition the State Board of Education for review. The petition must be submitted to the President of Boise State University in writing and must set forth your reasons for contesting the decision. The President will submit the petition to the Executive Director of the Office of the state Board of Education who will determine whether the Board or the Board’s designated representatives will hear the appeal. If the Board decides to hear the appeal, it will set forth the scope of review and notify you of the time, date, and place of the hearing. The decision of the Board is final and binding on all parties concerned. You must agree to the release of information to the review body and must comply with deadlines established by the institution for requesting an appeal.

Impacts Boise State Enrollment on Residency

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.

WUE Impacts

If you are offered and accept the Western Undergraduate Exchange (WUE) scholarship, you cannot count the time you receive the WUE toward establishing residency. The WUE is a program for inter-state tuition exchange among the western states. It requires you to maintain residency in your home state while receiving assistance. You must be domiciled in Idaho for 12 consecutive months prior to the opening day of the semester while not receiving the WUE to be eligible to gain residency status for fee paying purposes.