Idaho board adopts residency rules for higher education students

On April 2, 2025, the Idaho House of Representatives introduced House Bill 368, a legislative proposal aimed at clarifying residency requirements for students at public institutions of higher education in Idaho. The bill seeks to address the complexities surrounding the determination of residency status, particularly for students transitioning from out-of-state.

The primary purpose of House Bill 368 is to establish clear criteria for individuals seeking to establish domicile in Idaho. Under the proposed legislation, a person must reside in Idaho for at least twelve months and be physically present for reasons other than education to be considered a resident. Notably, undergraduate students enrolled full-time during this period are presumed to be in Idaho primarily for educational purposes, which complicates their residency status unless they can provide proof of full-time employment and tax filings in the state.

Key provisions of the bill include stipulations that non-resident students receiving financial assistance from foreign governments or agencies will maintain their non-resident status for twelve months post-assistance. Additionally, non-U.S. citizens are classified as non-residents unless they are lawfully present in the country. The bill also mandates that the State Board of Education and the Board of Regents adopt uniform rules for determining residency status across all public institutions.

Debate surrounding House Bill 368 has highlighted concerns from various stakeholders, including educational institutions and student advocacy groups. Critics argue that the bill may disproportionately affect out-of-state students, potentially limiting access to higher education for those who cannot meet the stringent residency requirements. Proponents, however, assert that the bill is necessary to ensure that state resources are allocated to residents and to maintain the integrity of Idaho's educational system.

The implications of House Bill 368 extend beyond administrative clarity; they touch on broader economic and social issues. By potentially restricting access to in-state tuition for many students, the bill could influence enrollment numbers at Idaho's public universities, impacting both the institutions' funding and the state's workforce development.

As the legislative process unfolds, experts suggest that the bill's passage could lead to significant changes in how residency is determined, with potential long-term effects on Idaho's higher education landscape. The next steps will involve further discussions and possible amendments as lawmakers consider the feedback from constituents and educational stakeholders.