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H0220..........................................................by EDUCATION
COLLEGES AND UNIVERSITIES - Amends existing law to revise residency
requirements; and to provide for confidentiality of student information.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Educ
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 220
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO EDUCATION; AMENDING SECTION 33-3717B, IDAHO CODE, TO REVISE RESI-
3 DENCY REQUIREMENTS AND TO PROVIDE FOR CONFIDENTIALITY OF STUDENT INFORMA-
4 TION; AND AMENDING SECTION 33-3720, IDAHO CODE, TO PROVIDE A CORRECT CODE
5 REFERENCE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-3717B, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-3717B. RESIDENCY REQUIREMENTS. (1) For any public institution of
10 higher education in Idaho, a "resident student" is:
11 (a) Any student who has one (1) or more parent or parents or court-ap-
12 pointed guardians who are domiciled in the state of Idaho. Domicile, in
13 the case of a parent or guardian, means that individual's true, fixed and
14 permanent home and place of habitation. It is the place where that indi-
15 vidual intends to remain, and to which that individual expects to return
16 when that individual leaves without intending to establish a new domicile
17 elsewhere. To qualify under this section, the parent, parents or guardians
18 must have maintained a bona fide domicile in the state of Idaho for at
19 least one (1) year prior to the opening day of the term for which the stu-
20 dent matriculates.
21 (b) Any student, who receives less than fifty percent (50%) of the
22 student's support from a parent, parents or legal guardians who are not
23 residents of this state for voting purposes, but which student has contin-
24 uously resided in the state of Idaho for twelve (12) months next preceding
25 the opening day of the term during which the student proposes to attend
26 the college or university and who has in fact established a bona fide
27 domicile in this state primarily for purposes other than educational.
28 (c) Subject to subsection (2) of this section, any student who is a grad-
29 uate of an accredited secondary school in the state of Idaho, and who
30 matriculates at a college or university in the state of Idaho during the
31 term immediately following such graduation regardless of the residence of
32 the student's parent or guardian.
33 (d) The spouse of a person who is classified, or is eligible for classi-
34 fication, as a resident of the state of Idaho for the purposes of attend-
35 ing a college or university.
36 (e) A member of the armed forces of the United States, stationed in the
37 state of Idaho on military orders.
38 (f) A student whose parent or guardian is a member of the armed forces
39 and stationed in the state of Idaho on military orders and who receives
40 fifty percent (50%) or more of support from parents or legal guardians.
41 The student, while in continuous attendance, shall not lose that residence
42 when the student's parent or guardian is transferred on military orders.
43 (g) A person separated, under honorable conditions, from the United
2
1 States armed forces after at least two (2) years of service, who at the
2 time of separation designates the state of Idaho as his intended domicile
3 or who has Idaho as the home of record in service and enters a college or
4 university in the state of Idaho within one (1) year of the date of sepa-
5 ration.
6 (h) Any individual who has been domiciled in the state of Idaho, has
7 qualified and would otherwise be qualified under the provisions of this
8 statute and who is away from the state for a period of less than one (1)
9 calendar year and has not established legal residence elsewhere provided a
10 twelve (12) month period of continuous residence has been established
11 immediately prior to departure.
12 (i) A student who is a member of any of the following Idaho Native Ameri-
13 can Indian tribes, regardless of current domicile, shall be considered an
14 Idaho state resident for purposes of fees or tuition at institutions of
15 higher education: members of the following Idaho Native American Indian
16 tribes, whose traditional and customary tribal boundaries included por-
17 tions of the state of Idaho, or whose Indian tribe was granted reserved
18 lands within the state of Idaho: (i) Coeur d'Alene tribe; (ii) Shoshone-
19 Paiute tribes; (iii) Nez Perce tribe; (iv) Shoshone-Bannock tribes; (v)
20 Kootenai tribe.
21 (2) A "nonresident student" shall mean any student who does not qualify
22 as a "resident student" under the provisions of subsection (1) of this sec-
23 tion, and shall include:
24 (a) A student attending an institution in this state with the aid of
25 financial assistance provided by another state or governmental unit or
26 agency thereof, such nonresidency continuing for one (1) year after the
27 completion of the semester for which such assistance is last provided.
28 (b) A person who is not a citizen of the United States of America, who
29 does not have permanent or temporary resident status or does not hold
30 "refugee-parolee" or "conditional entrant" status with the United States
31 immigration and naturalization service or is not otherwise permanently
32 residing in the United States under color of the law and who does not also
33 meet and comply with all applicable requirements of this section.
34 (3) Notwithstanding subsection (2) of this section, any student who meets
35 all of the following requirements shall be deemed to meet the residency
36 requirements:
37 (a) Graduation from a public or private high school in this state or
38 attainment of the equivalent of a high school diploma in this state;
39 (b) Continuous residence in this state for:
40 (i) The three (3) years preceding the date of graduation or receipt
41 of the diploma equivalent, as applicable; and
42 (ii) The year preceding the census date of the academic term in
43 which the person is enrolled in an institution of higher education;
44 and
45 (c) Registration as an entering student, or current enrollment at an
46 accredited institution of higher education in Idaho not earlier than the
47 fall semester or quarter of the 2007-2008 academic year; and
48 (d) In the case of a person without lawful immigrant status in the United
49 States, the filing of an affidavit with the institution of higher educa-
50 tion stating that the student has filed an application to legalize the
51 student's immigration status, or will file an application as soon as the
52 student is eligible to do so.
53 Student information obtained in the implementation of this subsection (3) is
54 confidential.
55 (4) The establishment of a new domicile in Idaho by a person formerly
3
1 domiciled in another state has occurred if such person is physically present
2 in Idaho primarily for purposes other than educational and can show satisfac-
3 tory proof that such person is without a present intention to return to such
4 other state or to acquire a domicile at some other place outside of Idaho.
5 Institutions determining whether a student is domiciled in the state of Idaho
6 primarily for purposes other than educational shall consider, but shall not be
7 limited to, the following factors:
8 (a) Registration and payment of Idaho taxes or fees on a motor vehicle,
9 mobile home, travel trailer, or other item of personal property for which
10 state registration and the payment of a state tax or fee is required;
11 (b) Filing of Idaho state income tax returns;
12 (c) Permanent full-time employment or the hourly equivalent thereof in
13 the state of Idaho;
14 (d) Registration to vote for state elected officials in Idaho at a gen-
15 eral election.
16 (45) The state board of education and the board of regents of the univer-
17 sity of Idaho shall adopt uniform and standard rules applicable to all state
18 colleges and universities now or hereafter established to determine resident
19 status of any student and to establish procedures for review of that status.
20 (56) Appeal from a final determination denying resident status may be
21 initiated by the filing of an action in the district court of the county in
22 which the affected college or university is located; an appeal from the dis-
23 trict court shall lie as in all civil actions.
24 (67) Nothing contained herein shall prevent the state board of education
25 and the board of regents of the university of Idaho from establishing quotas,
26 standards for admission, standards for readmission, or other terms and
27 requirements governing persons who are not residents for purposes of higher
28 education.
29 (78) For students who apply for special graduate and professional pro-
30 grams including, but not limited to, the WAMI (Washington, Alaska, Montana,
31 Idaho) regional medical program, the WICHE student exchange programs,
32 Creighton university school of dental science, the university of Utah college
33 of medicine, and the Washington, Oregon, Idaho (WOI) regional program in vet-
34 erinary medical education, no applicant shall be certified or otherwise desig-
35 nated as a beneficiary of such special program who has not been a resident of
36 the state of Idaho for at least one (1) calendar year previous to the applica-
37 tion date.
38 SECTION 2. That Section 33-3720, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 33-3720. PROFESSIONAL STUDIES PROGRAM. (1) It is hereby declared that it
41 is in the public interest to assist Idaho citizens who wish to pursue profes-
42 sional studies in the fields of medicine, dentistry, veterinary medicine, and
43 other health-related areas of study which are not available within the state
44 by (a) entering into compacts or contractual agreements which make such
45 courses of study available to Idaho citizens, and (b) providing a mechanism to
46 provide funds for such Idaho citizens.
47 (2) The state board of education is hereby authorized to enter into loan
48 agreements with qualified recipients to participate in qualified programs,
49 which agreements shall include provisions for repayment of the loan on terms
50 agreed to by the board and the qualified recipient; such repayment agreements
51 may include provisions for decreasing or delaying or forgiving the repayment
52 obligation in relationship to the recipient's course of study or agreement to
53 return to Idaho to practice professionally.
4
1 (a) A qualified recipient shall be any Idaho student accepted into a
2 qualified program who meets the residency requirements imposed by section
3 33-3717B, Idaho Code, and the rules of the state board of education.
4 (b) A qualified program shall be a program enumerated in section
5 33-3717B(78), Idaho Code, and any other medical, dental, veterinary medi-
6 cine, or other health-related program in which participation by Idaho res-
7 idents has been authorized by the legislature and for which funds have
8 been obligated by the board pursuant to subsection (3) of this section.
9 (3) The state board of education is hereby authorized to transfer, dis-
10 tribute or pay such moneys as are available in the professional studies
11 account to the school, program, or compact providing the course of study pur-
12 suant to contracts, agreements, or compacts entered into by the legislature or
13 the state board of education.
14 (4) The state board of education is hereby authorized to adopt all neces-
15 sary rules, subject to the provisions of chapter 52, title 67, Idaho Code, for
16 the administration of the professional studies program.
STATEMENT OF PURPOSE
RS 16986
The purpose of this bill is to clarify the residency requirements
for in-state tuition at public institutions of higher education
in Idaho. Currently, students who have grown up in Idaho and
studied in Idaho high schools but do not have certain listed
immigration statuses do not qualify for in-state tuition at
Idaho's public institutions of higher education. Some of Idaho's
brightest and best high school students are unable to attend
college or university because they do not qualify for in-state
tuition. Idaho would benefit if these students obtained higher
education. This amendment would allow students who have lived in
Idaho for at least three years and attained a high school diploma
or its equivalent in Idaho to attend Idaho institutions of higher
education and pay in-state tuition, regardless of immigration
status. This amendment does not provide undocumented immigrant
students any benefit that citizen students from other states do
not receive.
FISCAL NOTE
There is no fiscal impact.
Contact
Name: Rep Donna Pence
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 220