33-2110A. Tuition of out-of-district Idaho students, county taxes and other financial support. (1) Any student residing in the area of a county outside of a community college district or in a county without a community college district, who has been a resident of the county and state as defined by section 33-2110B, Idaho Code, immediately prior to the date of his first enrollment in a community college, which residence may not be acquired while attending and enrolled in a community college, may enroll in any community college in the state, and the county of his residence shall pay that portion of his tuition as hereinafter set out. The tuition which shall be paid by the resident county shall be that portion of the tuition uniformly established by a community college district for all out-of-district students, both in state as well as out of state, pursuant to section 33-2110, Idaho Code, after deducting therefrom the amount of tuition paid by a resident student at the community college; however, the liability of the resident county shall not exceed two-thirds (2/3) of the total tuition and fees charged and in no instance shall it exceed five hundred dollars ($500) each semester for a two (2) semester year for a full-time student. The student shall pay the tuition and fees charged a student resident in the district, and the balance, if any, of the out-of-district student tuition above the maximum liability of the county of his residence. No county shall be liable for out-of-district tuition unless the board of county commissioners of that county has first verified to the community college in writing the fact that the student is a resident of the county. Upon verification, the county shall thereafter be liable for the out-of-district tuition so long as the student is duly enrolled and attending the college subject to the following limitations:
(a) Liability shall be the term of the curriculum for which the student is enrolled, with a maximum lifetime liability of three thousand dollars ($3,000). The three thousand dollar ($3,000) maximum is exclusive of any reimbursement to counties for county tuition from the state or other funds.
(b) Liability shall terminate if the student’s domiciliary residence changes and that change continues for twelve (12) months.
(2) The tuition shall be established annually not later than August 1 and shall be forthwith filed with the state board of education, together with a statement supporting the computation thereof.
(3) To receive county payment of tuition, each out-of-district student taking community college courses shall complete a certificate of residency form and submit it to the county clerk of their resident county on or before December 1 of each year for classes taken during that fall semester, and on or before May 1 of each year for classes taken during that spring semester. Failure by a student to submit the certificate of residency form by these deadlines is sufficient grounds for denial of the certificate of residency by the county.
(4) Each county shall provide information regarding which students’ certificates of residency were approved to each community college on or before December 20 of each year for classes taken during that fall semester, and on or before May 20 of each year for classes taken during that spring semester.
(5) Each community college shall submit an invoice to each county of residence of each out-of-district student on or before January 20 of each year for classes taken during that fall semester, and on or before June 20 of each year for classes taken during that spring semester. Counties are not required to pay for classes that are billed past these deadlines. Invoices shall list the out-of-district tuition amount for each out-of-district student who was approved by the county of residency, and shall list only students still duly enrolled in the class past the community college’s drop deadline.
(6) Each board of county commissioners shall allow and order paid any timely submitted and proper invoice for tuition at a regular meeting following receipt of the invoice. Upon failure of a county to pay a timely submitted and proper invoice, a community college district may commence action in the district court of the state of Idaho for the county to collect the same.
(7) For the payment of tuition of out-of-district students as herein provided, there shall be allocated in each county without a community college district to a county community college fund, and paid to the county treasurer to be held in that fund, fifty percent (50%) of all moneys apportioned to the county out of liquor funds of the state of Idaho as set forth in chapter 4, title 23, Idaho Code, and that amount shall be deducted from the amount that would otherwise be allocated to the county; and if liquor funds are not sufficient to pay the tuition, commencing for the calendar year 1966, the board of county commissioners shall levy upon the taxable property within each county without a community college district, and, in a county with such a district, upon the taxable property within the county lying outside of the community college district, a property tax not to exceed six hundredths percent (.06%) of market value for assessment purposes, to be certified as set out in section 33-2111, Idaho Code. The proceeds of the levy shall be placed in the county community college fund.
(8) Based upon the enrollment established by the first semester’s tuition invoices received by January 20, the board of county commissioners shall establish immediately a total community college annual tuition budget for two (2) semesters which shall be equal to twice the amount of the tuition bills plus a contingency factor of ten percent (10%). This budget shall be adjusted after June 20 based on any change of enrollment shown by the second semester tuition bills. If enrollment is from zero to not more than four (4) students, a minimum budget of five (5) students at five hundred dollars ($500) each shall be established. In the event all tuition bills received have been paid, notwithstanding any other provision hereof, (a) any liquor funds received, which in the quarter when received to any extent are in excess of the budget, to the extent of that excess shall not be paid over to the county treasurer to be held in the community college fund, and (b) any funds received from the levy on taxable property, which when received to any extent are in excess of the budget after the application of liquor funds thereto, to the extent of that excess shall not be paid over to the community college fund. Excess liquor funds shall be paid pursuant to law as if this section were not applicable and excess funds shall be paid to the general fund of the county. In the event the total liquor fund payable hereunder to the county community college fund together with the receipts from the levy on taxable property for each fiscal year are insufficient to pay tuition bills, which deficiency is caused by a levy of less than the maximum allowed hereunder, or by enrollment in excess of the budget herein provided, the budget for each following year shall be increased to the maximum allowed by the maximum tax levy authorized to pay any deficiency at the earliest time. If the deficiency is due to the lack of funds in a fiscal year when the maximum levy authorized shall have been made, for the next fiscal year thereafter the number of students from that county shall be limited by the board of county commissioners to the extent necessary to pay the deficiency not later than the end of the following year. A community college shall nevertheless have a right to require any student residing outside the district to pay out-of-district tuition if the county of his residence is more than twenty-five percent (25%) in arrears of a total county tuition bill for one (1) year as of the beginning of the subsequent semester, but tuition shall be refunded to such students when paid by the county.
[33-2110A, added 1965, ch. 238, sec. 4, p. 576; am. 1967, ch. 327, sec. 2, p. 957; am. 1967, ch. 371, sec. 1, p. 1066; am. 1969, ch. 179, sec. 1, p. 536; am. 1971, ch. 127, sec. 2, p. 505; am. 1974, ch. 139, sec. 8, p. 1343; am. 1975, ch. 160, sec. 5, p. 414; am. 1982, ch. 255, sec. 7, p. 658; am. 1982, ch. 264, sec. 2, p. 676; am. 1983, ch. 113, sec. 1, p. 241; am. 1985, ch. 218, sec. 1, p. 528; am. 1990, ch. 113, sec. 1, p. 236; am. 1996, ch. 208, sec. 9, p. 666; am. 1996, ch. 322, sec. 31, p. 1060; am. 2005, ch. 42, sec. 1, p. 166; am. 2016, ch. 303, sec. 1, p. 853.]