Idaho Residency

Your legal residence for fee purposes is determined at the time of initial application for admission to Boise State and remains unchanged in the absence of satisfactory written evidence to the contrary. The burden of proof in requesting reclassification to resident status rests with you in providing clear and convincing evidence of residency for tuition purposes as defined by the law. If you are applying to change a nonresident classification from the point of application or are requesting consideration for reclassification based upon satisfying state law criteria must follow the procedure outlined below:

1. Contact the Residency Coordinator in the Registrar’s Office, Room 110, Administration Building.
2. Complete the Idaho Residency Determination Worksheet and return it to the Residency Coordinator with supporting documentation. A form requesting reclassification to resident status may be filed after qualifying criteria have been satisfied but no later than 10 school days after the opening of the semester for which the change in status is requested.
3. The Residency Coordinator will determine if you meet the criteria for residency and will notify you in writing of the decision.
4. 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.
5. 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.

When you apply to Boise State, Admissions determines your status as a resident or nonresident for tuition purposes. For questions about your residency status, please contact the Registrar’s Office at (208) 426-4249.

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.

As an enrolled Boise State student, you may prove classification as an Idaho resident for tuition purposes by meeting the criteria for one of the following options.

1. Dependent Student: You have one or more parent(s)/legal guardian(s) who is domiciled in Idaho and provides at least 50% of your financial support. The parent/legal guardian must have maintained a bona fide domicile in Idaho for at least 12 months prior to the term in which you are applying for residency.
2. Independent Student: You receive less than 50% financial support from a parent/guardian and have continuously resided in, and maintained a bona fide domicile, in Idaho for purposes other than education for at least 12 months prior to the term in which you are applying for residency.
3. Graduate of an Idaho High School: You are a graduate from an accredited Idaho high school, are domiciled in Idaho, and have an enrolled in an institution within 8 years immediately following secondary school graduation regardless of the domicile of your parent or guardian (except if a non-US citizen (see, definition of non-resident below)).
4. Completed 6 Years of Elementary and Secondary Education in Idaho: You have completed 6 years of elementary and secondary education in Idaho, are domiciled in Idaho, and have matriculated at an institution within 8 years following completion of secondary education.
5. Married to an Idaho Resident: You are married to a person who is classified, or eligible for classification, as an Idaho resident for the purpose of attending an institution, except that if you were enrolled full-time in any term during the 12-month period before the term in which you are proposing to enroll as a resident, then you must independently establish domicile.
6. Armed Forces: You, your spouse, or—if you are a dependent student—your parent/guardian meets one of the following criteria:
   1. Member of the Armed Forces who entered service as an Idaho resident, has maintained Idaho resident status, but is stationed outside of Idaho on military orders
   2. Member of the Armed Forces stationed in Idaho on military orders.
   3. Officer or enlisted member of the Idaho National Guard
   4. Member who has been separated, under honorable conditions, from the Armed Forces after at least 2 years of service
      1. Who at the time of separation designated Idaho as the intended domicile, and within 1 year of the date of separation enters an Institution; or
      2. Who listed Idaho as the home of record in service, and within 1 year of the date of separation enters an Institution; or
      3. Who moves to Idaho for the purpose of establishing domicile; provided however, to maintain status as a resident student, such person must actively establish domicile in Idaho within 1 year of registration at an Institution.
7. You are a member of the following Idaho Native American Indian Tribes: 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: Coeur d’Alene, Eastern Shoshone, Kootenai, Nez Perce, Shoshone-Bannock, Shoshone-Paiute
8. You are a graduate student who has earned a baccalaureate degree from a public institution (or institution pursuant of Idaho Code 33-2402) of higher education and physically resided in Idaho for the final 12 months of undergraduate studies and enrolled as a graduate student no later than 36 months after receiving a baccalaureate degree from the undergraduate institution.

A domicile is your true, fixed and permanent home, and place of habitation; it is the place where you intend to remain and expect to return to when leaving without establishing a new domicile elsewhere. If you are a dependent student, residency is based on the domicile of your parent/guardian. If you are an independent student, residency is based on your domicile or your spouse’s.

1. If you were attending school full-time, the filing of Idaho state income tax return covering a period of at least 12 months before the term in which the student proposes to enroll as a resident student and permanent full-time employment (30 hours per week, or 120 hours per month) or the hourly equivalent in Idaho for a period of at least 12 months before the term in which the student proposes to enroll as a resident student.
2. If you weren’t attending school full-time in the prior year, proving at least five of the following type of criteria for 12 months before the term for which residency is sought:
   1. Ownership or leasing of a residence in Idaho
   2. Registration and payment of Idaho taxes or fees, other than sales or income tax
   3. Registration to vote in Idaho
   4. Holding an Idaho driver’s license or ID card
   5. Evidence of abandonment of a previous domicile.
   6. Establishment of accounts with Idaho financial institutions
   7. Other similar factors such as:
      1. Enrollment of dependent children in Idaho elementary or secondary schools
      2. Acceptance of permanent employment in Idaho
      3. Documentation of need to care for relative in Idaho
      4. Utility statements
      5. Employment documentation

• 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.
• 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.

Idaho Residency laws can be found at the Idaho State Board of Education website.

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.

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.

The GEM scholarship does not affect your ability to establish Idaho residency for fee paying purposes. However, you will want to check with our Financial Aid office about how actively establishing residency in Idaho might affect your scholarship.

“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. Any student who receives less than fifty percent (50%) support may demonstrate this by showing that he is not claimed as a dependent by a parent or guardian for income tax purposes or that a parent or guardian provides less than fifty percent (50%) of the cost of attending an institution according to the financial aid office of that institution or that other similar evidence exists of parental support such as dental bills, medical bills, etc.

Domicile refers to an individual’s permanent home where personal household belongings are located. It is the place where the individual intends to remain and expects to return to when leaving without establishing a new home elsewhere.