Rule-Making Notices (Hearing Notices)

Section 39.28 (1) The board shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions.

Section 39.435 (2) The board shall award Talent Incentive Grants to uniquely needy students enrolled at least half-time as first-time freshmen at public and private nonprofit institutions located in this state and to sophomores, juniors and seniors who received such grants as freshmen. No grant under this subsection may exceed $1,800 for any academic year. The board may not award a grant to the same student for more than 10 consecutive semesters or their equivalent. The board shall promulgate rules establishing eligibility criteria for grants under this subsection.

Related rule

Section HEA 5.04, Wis. Adm. Code, provides eligibility requirements for Talent Incentive Grants. Section HEA 5.04 (2) provides “Non-traditional student status criteria".

Plain language analysis

This proposed rule removes from s. HEA 5.04 the first item (item a) in Section 2 of the rule, which states an eligibility requirement for the Talent Incentive Grant. Item a reads, “The student is a member of one of the minority groups defined in s. 39.44 (1) (a), Stats."

Summary of, and comparison with, existing or proposed federal regulations

Federal law, Title VI of the Civil Rights Act of 1964 and its implementing regulation at 34 CFR Part 100, prohibit discrimination on the basis of race, color or national origin by recipients of Federal financial assistance.

The change being sought is proposed at the request of the United States Department of Education – Office for Civil Rights, which notified HEAB in December 2008 that s. HEA 5.04 is not compliant with Title VI of the Civil Rights Act of 1964. The nature of the noncompliance is based in the lack of justification within s. HEA 5.04 for use of race and national origin as criteria for determining eligibility for the Talent Incentive Program (TIP).

(This notification resulted from a complaint filed with the Office of Civil Rights in September 2006. The nature of the complaint is that s. HEA 5.04 discriminates against non-minority students on the basis of race, by denying them an equal opportunity to participate in a financial aid program.)

After discussions with the Office of Civil Rights, HEAB achieved a resolution with the Office of Civil Rights by agreeing to eliminate the use of the race element in its non-traditional student status criteria, beginning in the 2010-2011 school year. The remaining criteria in s. HEA 5.04 remain in force, allowing the agency to administer the program. In addition, at the suggestion of the Office of Civil Rights, HEAB made changes to its forms, publications and web site which reflected the change in criteria. As an interim measure, HEAB also required that TIP applications submitted for TIP in the 2010-2011 school year include indication of one of the remaining criteria of disadvantage found in s. HEA 5.04. Finally, HEAB began the process of seeking the change now proposed to s. HEA 5.04, obtaining a signed statement of scope for the proposed change from the Governor in December 2011.

HEAB submitted documentation of its steps to the Office of Civil Rights and was notified in April 2012 that it is in compliance with the Title VI regulation cited in the complaint of September 2006.

Comparison with rules in adjacent states

The change being sought is proposed at the request of the United States Department of Education – Office for Civil Rights. Because the US Department of Education is a national agency, the standard that is driving the change to s. HEA 5.04 is applied nationally. The proposed change to the rule is in keeping with HEAB's effort to make its own administrative rules comply with federal law.

All the states adjacent to Wisconsin offer need-based grants or scholarships to post-secondary students, as does Wisconsin; each adjacent state has a program that compares to the Wisconsin Higher Education Grant (WHEG) and the Wisconsin Tuition Grant (WTG) as purely need-based grants.

Like its WHEG and WTG programs, Wisconsin's TIP program offers assistance to students based in part on financial need. The financial-need portion of the TIP program is not at issue and no changes to its criteria are being sought in this proposed rule change.

However, Wisconsin's TIP program also requires students to meet one criteria from a list of non-traditional (non-financial) student classifications that indicate potential disadvantage facing the student in pursuit of higher education. The non-traditional or non-financial criteria for qualifying for TIP could be a handicap, a shortfall in educational preparation, incarceration in (or recent release from) a correctional institution, a lack of family history of higher education, or an environment or academic background that deters the pursuit of educational plans.

Two of the states adjacent to Wisconsin do offer assistance to students based on potential disadvantages that go beyond simple financial need.

•   Iowa offers an “All Iowa Opportunity Foster Care Grant" for students between the ages of 17-24 who age out of Iowa's foster care system or State Training School and students who are adopted after age 16.

•   Michigan offers a “Tuition Incentive Program" or TIP that encourages eligible students to complete high school by providing tuition assistance for the first two years of college and beyond; eligibility requires a history of eligibility for Medicaid. Michigan has also created federally-funded GEAR UP scholarship programs exclusively for qualifying graduates of high schools in three specific urban school districts (Detroit, Flint and Muskegon).

None of the states adjacent to Wisconsin employ race or ethnic minority status as a criteria or consideration for any of their educational-assistance programs, including those programs listed above.

In addition to the programs listed above, Wisconsin, Minnesota, and Michigan all offer scholarships or tuition waivers for students who are of at least ¼ American Indian ancestries. In each state, these programs are distinct from the above-listed programs and eligibility for the American Indian scholarships and tuition waivers depends upon a student's status as an enrolled member of a federally-recognized tribe or band. These programs are therefore not directly comparable to Wisconsin's TIP program; further, Wisconsin's Indian Student Assistance program is separate from TIP (and is not subject to the rule being proposed for change).

Summary of factual data and analytical methodologies

The change being sought was arrived at as part of a series of administrative steps taken by HEAB in consultation with the US Department of Education, Office of Civil Rights.

HEAB has determined that neither eligible nor participating students would be appreciably affected by this proposed change. HEAB arrived at this determination through review of the criteria for the TIP program, and a comparison of demographic data of TIP participants and of successive classes of TIP students over several years.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

HEAB anticipates no appreciable effect on small businesses as a result of this proposed change.

Anticipated Costs Incurred By Private Sector

This proposed rule does not have a significant fiscal effect on the private sector.

Effect on Small Business

This proposed rule does not have a significant effect on small business.

Initial Regulatory Flexibility Analysis

This proposed rule order will not have an effect on small business.

Agency Contact Person

John Reinemann, Executive Secretary, Wisconsin Higher Educational Aids Board, 131 West Wilson Street, Suite 902, Box 7885, Madison WI 53707-7885, telephone [phone], email [e-mail].

Effective Date

This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

Final Regulatory Flexibility Analysis

Not Applicable.

Fiscal Estimate

Attached.

Text of Rule:

SECTION 1. HEA 5.04 is amended to read:

HEA 5.04 Talent incentive grant eligibility. To be eligible for an initial grant award, a uniquely needy student shall be a Wisconsin resident, a first-time freshman and meet at least one criterion under sub. (1) and one criterion under sub. (2). The minimum award a freshman can receive will be $600 with the maximum being $1,800.

(1) Financial need criteria.

(a) A dependent student whose expected academic year parent contribution is $200 or less, or an independent student whose academic year contribution is $200 or less.

(b) The family of a dependent student or the student, if independent, is receiving Temporary Assistance for Needy Families or Wisconsin Works benefits.

(c) The parents of dependent students or the student, if independent, are ineligible for unemployment compensation and have no current income from employment.

(2) Non-traditional student status criteria.

(a) The student is a member of one of the minority groups defined in s. 39.44 (1) (a), Stats.

(b) (a) The student is or will be enrolled in a special academic support program due to insufficient academic preparation.

(c) (b) The student is a first-generation post-secondary student, neither of whose parents graduated from a 4 year college or university.

(d) (c ) The student is handicapped according to department of workforce development, division of vocational rehabilitation records or according to the Special Needs or Disabilities Office on Wisconsin college or university campuses which use the Americans with Disabilities Act definition under 42 USC 12102 (2).

(e) (d) The student is currently or was formerly incarcerated in a correctional institution.

(f) (e) The student's environment or academic background is such that it deters the pursuit of educational plans.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original     Updated     Corrected
2. Administrative Rule Chapter, Title and Number
Section HEA 5.04
3. Subject
Wisconsin Talent Incentive Grant
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
X GPR   FED   PRO   PRS   SEG   SEG-S			20.0005 (fd), 20.235 (1) (fd)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		Specific Businesses/Sectors Public Utility Rate Payers Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? Yes     X No
9. Policy Problem Addressed by the Rule
Section HEA 5.04 is not in compliance with federal law (Title VI of the Civil Rights Act of 1964). See text of rule for details.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Rule has been discussed with representatives from the University of Wisconsin System, the Wisconsin Technical College System, Wisconsin's tribal colleges, and the Wisconsin Association of Independent Colleges and Universities (WAICU).
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
No substantive impact anticipated
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Implementation would bring s. HEA 5.04 into alignment with federal law. The alternative would be to continue to ignore s. HEA 5.04's non-compliance.
14. Long Range Implications of Implementing the Rule
Implementation would bring s. HEA 5.04 into alignment with federal law, forestalling potential challenges to the program.
15. Compare With Approaches Being Used by Federal Government
The proposed change would make s. HEAB 5.04 compliant and consistent with federal law.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See text of rule.
17. Contact Name				18. Contact Phone Number
John Reinemann, Executive Secretary				608-267-2206

*This document can be made available in alternate formats to individuals with disabilities upon request.

ATTACHMENT A

1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)

Not applicable.

2. Summary of the data sources used to measure the Rule's impact on Small Businesses

Not applicable.

3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?

Less Stringent Compliance or Reporting Requirements Less Stringent Schedules or Deadlines for Compliance or Reporting Consolidation or Simplification of Reporting Requirements Establishment of performance standards in lieu of Design or Operational Standards Exemption of Small Businesses from some or all requirements X Other, describe: Small business analysis is non-applicable.

4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses

Non-applicable.

5. Describe the Rule's Enforcement Provisions

Rule removes a criteria from the current list of criteria used in the program. Removing the affected clause from the rule will prevent the affected criteria from being used in consideration of the program.

6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)

Yes X No

Notice of Hearing

Transportation

rulemaking_notices CR 12-046 CR 12-046

NOTICE IS HEREBY GIVEN that pursuant to sections 86.195 and 227.11 Stats., interpreting section 86.195, Stats., the Department of Transportation will hold a public hearing on an amendment to Chapter Trans 200, Wis. Admin. Code, relating to the erection of signs on public highways.

Hearing Information

Date:   Wednesday, November 28, 2012

Time:   1:00 p.m.

Location:   Hill Farms Transportation Building
  Room 144B
  4802 Sheboygan Avenue
  Madison, WI 53705

Accessibility

Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call John Noll at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submitting Comments on the Rule

The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. John Noll, SIS/TODS Program Coordinator, Bureau of Traffic Operations, Traffic Engineering Section, Traffic Design Unit, Room 501, P.O. Box 7986, Madison, WI 53707-7986, or by calling [phone]. You may also contact Mr. Noll via email at: [e-mail]. Comments may be submitted in lieu of public hearing testimony or comments supplementing testimony offered at the public hearing until close of business on November 28, 2012.

Analysis Prepared by the Wisconsin Department of Transportation

Statutory authority

Sections 86.195 and 227.11 (2) (a), Stats.

Statutes interpreted

Sections 86.195 and 227.11 (2) (a), Stats.

Explanation of agency authority

Section 227.11 (2) (a), Stats., expressly confers rulemaking authority on the department to promulgate rules interpreting any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute. The department of transportation may authorize the erection and maintenance of a specific information sign upon the request of any person within the right-of-way of a federal-aid primary highway or within the right-of-way of a federal-aid secondary highway under the jurisdiction of the department in accordance with s. 86.195, Stats.

Plain language rule analysis

This proposed rule-making would re-word s. Trans 200.06 (7) (b) 3. a., relating to the number of business logo panels allowed on specific information signs at interchanges when fewer than 6 qualified facilities are available in one or more of the categories of GAS, FOOD, LODGING, CAMPING and ATTRACTIONS. Business logo panels for 2 categories of motorist services may be displayed on the same information sign with certain limitations. Amending this rule increases flexibility, allowing more businesses to participate while making optimal use of existing structures.

Related statute or rule

There are no statutes or rules other than those referenced above or currently under promulgation related to this proposed rulemaking.

Comparison with similar rules in adjacent states

Michigan: The categories allowed in Michigan are Gas/Diesel, Food, Lodging Camping and 24-hour Pharmacies. When displaying logo panels for multiple categories, Michigan complies with the 2009 Federal Manual on Uniform Traffic Control Devices (MUTCD): When 2 types of services are displayed on one sign, the logo sign panels shall be limited to either 3 for each motorist service type (for a total of 6 sign panels), or 4 of one motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Minnesota: Logo signs can be installed on Interstate highways and certain freeways in the Minneapolis/Saint Paul area. Other highways are ineligible. The signs are located at interchanges, not intersections.

GAS, FOOD, LODGING and CAMPING businesses may advertise on logo signs. These businesses provide essential motorist services, according to the Federal Highway Administration (FHA).

When displaying logo panels on Interstate highways and certain freeways, Minnesota's logo program complies with the 2009 Federal MUTCD, which allows 4 of one motorist service type and 2 of the other motorist service type (for a total of 6 sign panels).

Illinois: The Illinois Department of Transportation (IDOT) administers a Business Logo Signing Program along various Interstate highways and other freeways. This program involves mounting gas, food, lodging, camping business, and 24-hour pharmacy signs, referred to as logos, on large blue-background panels in advance of interchange exits and along exit ramps to alert motorists to available motorist services.

The program includes all sections of Interstate highways and other freeways except those passing through densely populated urbanized areas where logo signing would overload motorists with information that is not essential to their safe travel. It does not apply to highways under the jurisdiction of the Illinois State Toll Highway Authority.

Logo panels may be displayed to allow 3 business categories with 2 business logo panels from each category (for a total of 6 sign panels) on a single business sign structure. When 2 business categories are displayed on a single sign structure, 3 logo panels from each of the 2 business categories may be displayed, or 4 logo panels from 1 business category and 2 logo panels from another business category (for a total of 6 sign panels).

TOURIST ATTRACTION signs may be combined with business logo signs (Gas, Food, Camping and 24-Hour Pharmacy) on the same structure, with no more than 6 business logo panels displayed on any one structure. Tourist Attraction panels will not be combined with existing business service signs displaying more than 3 business logo panels. When tourist attraction signs are combined with business logo signs, one space will remain available for each business logo service type displayed on the structure.

This combination is different from what is suggested in the 2009 Federal MUTCD.