Resident Status for Tuition Purposes
Residency determination for tuition purposes is governed by rules and regulations adopted by the College of Western Idaho (CWI) Board of Trustees and Idaho Codes 33-3717B, § 33-2110, § 33-2110A, and § 33-2110B.
Based on information provided by the applicant in the Application for Admission, an initial determination is made concerning the student’s residency status for tuition purposes (e.g., in-state/out-of-state, in-district/out-of-district). If residency information is missing or incomplete the student status will default to non-resident, and the tuition will default to out-of-state. The student’s residency status remains unchanged unless the student submits a Residency Redetermination Form with the required documentation to a One Stop Student Services location on or before census date (the tenth day of instruction in the fall and spring semesters and the fifth day of instruction in the summer semester) and a redetermination is made based on the evidence supplied. Qualifications for residency must be met prior to the opening day of the semester for which reclassification is sought.
In general, a student enrolling into CWI shall not be deemed a resident of the community college district or of a county or of the state of Idaho unless the student established domicile primarily for purposes other than education within said district, county, or the state, for at least twelve months continuously prior to the beginning of the term for which the student enrolls.
State of Idaho Residency
Students who enroll at CWI may qualify for Idaho residency for tuition purposes under one or more of the following criteria (documented proof will be required):
- Any student who has one (1) or more parent or parents or court-appointed guardians who are domiciled in the state of Idaho, and the parent, parents, or guardian provide(s) at least fifty percent (50 percent) of the student’s support. To qualify under this section, the parent, parents, or guardian must have maintained a bona fide domicile in the state of Idaho for at least twelve (12) months prior to the beginning of the term for which the student matriculates.
- Any student who receives less than fifty (50 percent) of the student’s support from a parent, parents, or legal guardians and who has continuously resided and maintained a bona fide domicile in the state of Idaho primarily for purposes other than educational for twelve (12) months prior to the opening day of the term during which the student proposes to attend the college.
- Any student who graduates from an accredited Idaho secondary school and enrolls at CWI for the term immediately following graduation (does not include summer term) is considered an Idaho resident for tuition purposes.
- The spouse of a person who is classified, or is eligible for classification, as a resident of the state of Idaho for the purpose of attending a college.
- A member of the Armed Forces of the United States who entered service as an Idaho resident and who has maintained Idaho resident status, but is not stationed within the state of Idaho on military orders.
- A member of the Armed Forces of the United States, stationed in the state of Idaho on military orders.
- An officer or an enlisted member of the Idaho National Guard.
- 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 their intended domicile or who has Idaho as the home of record in service and enters a college in the state of Idaho within one (1) year of the date of separation, or 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 one (1) year of matriculation in a public institution of higher education in Idaho.
- The dependent child of a person who qualifies as a resident student under sections (5) through (8), and who receives at least fifty percent (50 percent) support from such person shall also be a resident student, and shall not lose that resident status if, after he or she enters college in the state of Idaho, the parent or guardian is transferred out of the state of Idaho on military orders.
- Any individual who has been domiciled in the state of Idaho, has qualified and would otherwise be qualified under the provisions of the statute and who is away from the state for a period of less than thirty (30) months and has not established legal residence elsewhere provided a twelve (12) month period of continuous residence has been established immediately prior to departure; provided however, time spent away from the state while enrolled in a postsecondary education program shall not be included in the thirty (30) months. Such time spent away from the state while enrolled shall include normal academic year breaks, such as summer breaks or breaks between semesters or quarters, that occur prior to the receipt of the postsecondary degree.
- 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 include portions of the state of Idaho or whose Indian tribe was granted reserved lands within the state of Idaho:
- Coeur d’Alene tribe;
- Shoshone-Paiute tribes;
- Nez Perce tribe;
- Shoshone-Bannock tribes;
- Kootenai tribe.
Nonresident students for tuition purposes do not qualify as a resident student under the above criteria and shall include:
- 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 non-residency continuing for one (1) year after the completion of the semester for which such assistance is last provided.
- Immigrant alien with "refugee," "asylee," or "conditional entrant" status (or dependent children of such refugee, asylee, or conditional entrant) who comes directly to Idaho/district from a refugee facility or port of debarkation and has not established domicile in another state/district is considered Idaho/district resident for tuition purposes.
Request for Change to Resident Tuition and Fees
Establishment of a new domicile in Idaho by a student who formerly domiciled in another state has occurred if the student is physically present in Idaho primarily for purposes other than educational and can show satisfactory proof there is not a present intention to relocate outside of the state of Idaho.
Any student who is enrolled for more than eight credit hours in any semester during a twelve-month period shall be presumed to be in Idaho for primarily educational purposes. A student can prove establishment of domicile for purposes other than education if any of the following were completed for at least twelve months prior to the term the student tries to become a resident student:
- Filing of Idaho state income tax returns covering a period of at least twelve months before the term in which the student proposes to enroll as a resident student;
- Permanent full-time employment or the hourly equivalent thereof in the state of Idaho;
- Ownership by the student of the student’s living quarters.
District residency determination for tuition purposes is governed by rules and regulations adopted by the CWI Board of Trustees and Idaho Code § 33-2110, § 33-2110A and § 33-2110B.
Students who enroll at CWI may qualify for district residency, for tuition purposes under one or more of the following criteria (documented proof will be required):
- Student who domiciled in the county primarily for purposes other than education for at least twelve (12) months continuously prior to the opening day of the term for which the student matriculates at CWI and who receives less than fifty percent (50 percent) of their support from a parent, parents or legal guardians who are not Idaho/district residents for voting purposes.
- Student who has domiciled in the county, who has qualified or would otherwise be qualified under the provisions of this policy, and who is away from that county 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.
- Student whose parent, parents or court-appointed guardians are domiciled in the county for at least twelve (12) months continuously prior to the opening day of the term for which the student matriculates and provide more than fifty percent (50 percent) of the student’s support.
- Student whose spouse is classified, or is eligible for classification, as a resident of the county for tuition purposes.
- Student who is a member of the United States Armed Forces, stationed in the county on military orders.
- Student who is an officer or enlisted member of the Idaho National Guard.
- Student whose parent, parents or legal guardians are members of the United States Armed Forces and stationed in the county on military orders and who receives fifty percent (50 percent) or more of support from parents or legal guardians. The student, while in continuous attendance, shall not lose their residency status when their parents are transferred on military orders.
- Student who separated, under honorable conditions, from the United States Armed Forces after at least two (2) years of active service, who at the time of separation designates the county as their intended domicile or who has the county as the home of record in service and enters CWI within one (1) year of the date of separation.
Domiciled means an individual’s true, fixed, and permanent home and place of habitation. It is the place where the student intends to remain and to which they expect to return when they leave the state without intending to establish a new domicile elsewhere.
Continuously resided means physical presence in the state of Idaho for twelve consecutive months without being absent from Idaho for more than a total of thirty days during the twelve months. Absence from the state for normal vacations, family travel, work assignments, short-term military training, and similar occasions totaling not more than thirty days during the twelve-month qualifying period, in and of itself, will not be regarded as negating the continuous residence of the individual.
Support means financial support given to the student during the twelve months preceding the opening date of the term for which resident status is requested. Any student who receives fifty percent or more of their support may demonstrate this by showing that they are claimed as a dependent by a parent or legal guardian for income tax purposes or that a parent or legal guardian provides fifty percent or more of the cost of attending an institution according to the CWI Financial Aid Office or that other similar evidence exists of parental support.
Primarily Educational Purposes
Primarily educational purposes means a student enrolled for more than eight credit hours in any semester during the past twelve-month period.
Armed Forces mean United States Army, Navy, Air Force, Marine Corps, and Coast Guard; it does not include National Guard from states other than Idaho and other reserve forces.
The College reserves the right to audit students at any time with regard to eligibility for Idaho/district resident status and to reclassify students who are registered under an improper classification. Idaho/district residency classification or reclassification based upon materially erroneous, false, or misleading statements or omissions by or in support of the applicant shall be set aside retroactively upon the discovery of the erroneous nature of such statements. Any student having paid less than required to the CWI because of an erroneous classification or reclassification that is subsequently set aside will repay any and all amounts not properly paid because of the erroneous classification or reclassification. If a student concealed information or furnished false or misleading information and was classified incorrectly as a result, he or she will also be subject to appropriate disciplinary and/or legal action.
It shall be the responsibility of the student to notify the College of possible changes in residency and to furnish all requested documentation in a timely fashion. A student may request a review of their residency status by submitting the Residency Redetermination Form and all required documentation to a One Stop Student Services location on or before census date (the tenth day of instruction in the fall and spring semesters and the fifth day of instruction in the summer semester). The burden of proof in requesting a change in resident status rests with the student. Please see www.cwidaho.cc for details on residency requirements and supporting documentation. After the determination on residency status has been made, the student will receive notification of the results. Students are responsible for paying the tuition and fees owed on their accounts by the established due date. Resident tuition rates shall be effective for the semester in which a student is reclassified to resident status. If residency (Idaho and/or district) is granted after payment was received, the difference will be refunded within a reasonable time to the student.
If the student is not satisfied with the determination, they can appeal to the Assistant Vice President of Enrollment and Student Services. All appeals must be submitted (or postmarked) in writing and accompanied by all required documentation within ten (10) calendar days after the date of notification of residency decision that is being appealed. Failure to comply shall constitute a waiver of all claims to reclassification for the applicable term.
Once a student is determined to be a resident of the state of Idaho, a further determination is made on district residency. District residency is based on the county of residence. The CWI community college district is comprised of Ada County and Canyon County. Residents of Ada and Canyon counties pay in-district tuition and fees. CWI is part of a statewide community college district that includes CWI, College of Southern Idaho (CSI), and North Idaho College (NIC). Students whose permanent residence is in Idaho but outside of Ada, Bonneville, Canyon, Jerome, Twin Falls, and Kootenai counties are charged out-of-district fees of $50 per credit up to $500 per semester in addition to in-district tuition and fees. Idaho counties without a community college district pay the student’s out of-district fees not to exceed five hundred dollars ($500) each semester for a two (2) semester year for a full-time student, up to a maximum of three thousand dollars ($3,000) lifetime liability, provided the student completes and submits the Certificate of Residency Form to the county of residence for verification. If residency is verified by the county, the student is responsible for paying in-district tuition and fees and the balance, if any, of the out-of-district fees above the maximum liability of the county of their residence. If verification is not received from the student’s county of residence the student is responsible for out-of-district tuition and fees. All Idaho out-of-district students must complete a new Certificate of Residency Form the first semester attended each academic year.
Note: Out-of-district fees will remain on the student’s account until the form has been approved by his or her county. Once an approved form has been received by CWI, the charges will be removed from the student’s account and become the responsibility of the county. If the county does not pay after being billed, the charges will be placed back on the student’s account and become the responsibility of the student.