39.28(1)(1) The board shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. The board may accept and use any funds which it receives from participating institutions, lenders or agencies. The board may enter into such contracts as are necessary to carry out its functions under this subchapter.
39.28(2)
(2) The board shall establish plans to be administered by the board for participation by this state under any federal acts relating to higher education and submit them to the U.S. secretary of education for the secretary's approval. The board may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.
39.28(3)(a)(a) In its biennial report under
s. 15.04 (1) (d), the board also shall include recommendations for improvement of the state's student financial aid programs.
39.28(3)(b)
(b) On January 1 and July 1, the board shall report to the joint committee on finance and the joint legislative audit committee on the board's loan collection activities and efforts to develop collection policies to improve program performance through changes in data processing and program review.
39.28(4)
(4) The board may assign, sell, convey or repurchase student loans made under
s. 39.32 subject to prior approval by the joint committee on finance.
39.28(6)
(6) The board may not provide any state financial assistance under this subchapter to any person during the period that the person is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473 if the person has not so registered.
39.28 Cross-reference
Cross Reference: See also
HEA, Wis. adm. code.
39.285
39.285
Board review of proposed formulae. 39.285(1)
(1) By May 1, 1998, and annually thereafter, the board shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under
sub. (2) or
(3) or
s. 36.11 (6) (c) or
38.04 (7m).
39.285(2)
(2) By April 10, 1998, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the board for its review under
sub. (1) a proposed formula for the awarding of grants under
s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.
39.285(3)
(3) By April 10, 1998, and annually thereafter, each tribally controlled college in this state is requested to develop and submit to the board for its review under
sub. (1) a proposed formula for the awarding of grants under
s. 39.435, except for grants awarded under
s. 39.435 (2) or
(5), for the upcoming academic year to students enrolled at that tribally controlled college.
39.285 History
History: 1995 a. 27;
1997 a. 27;
1999 a. 9.
39.29
39.29
Executive secretary. An executive secretary shall be appointed by the governor to serve at his or her pleasure.
39.29 History
History: 1997 a. 27.
39.30(1)(1)
Definitions. In this section:
39.30(1)(d)
(d) An "accredited" institution is an institution accredited by a nationally recognized accrediting agency or by the board of nursing pursuant to
s. 441.01 (4), or, if not so accredited, is a nonprofit institution of higher education whose credits are accepted on transfer by not less than 3 institutions which are so accredited, on the same basis as if transferred from an institution so accredited.
39.30(1)(e)
(e) "Resident student" shall be determined under
s. 36.27, so far as applicable.
39.30(2)
(2) Eligibility. A resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior in an accredited, nonprofit, post-high school, educational institution in this state shall be eligible for grants under this section for each semester of attendance, but:
39.30(2)(a)
(a) No student shall be eligible for grants in more than the equivalent of 10 semesters of undergraduate education.
39.30(2)(b)
(b) A student shall be and shall remain eligible for grants provided the student meets acceptable academic standards prescribed by the student's institution.
39.30(2)(d)
(d) No grant shall be awarded to members of religious orders who are pursuing a course of study leading to a degree in theology, divinity or religious education.
39.30(2)(e)
(e) The board may not make a grant to a student whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the student provides to the board a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
39.30(2)(f)
(f) No grants may be awarded under this section unless the formula submitted under
s. 39.285 (2) is approved or modified by the board under
s. 39.285 (1).
39.30(3)
(3) Basis of grants. The grant to be paid to a resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior after August 1, 1979, shall be determined as follows:
39.30(3)(a)
(a) From the total tuition charged the student by the institution, subtract the amount of the resident academic fee charged at the Madison campus of the University of Wisconsin System.
39.30(3)(b)
(b) Divide the amount determined in
par. (a) by the student's total cost of attending the postsecondary institution.
39.30(3)(c)
(c) Multiply the percentage calculated in
par. (b) times the student's expected family contribution which has been determined using the same analysis as that used to determine the expected family contribution of students applying for Wisconsin higher education grants under
s. 39.435.
39.30(3)(d)
(d) Subtract the amount determined in
par. (c) from the amount determined in
par. (a) to arrive at the amount of the grant.
39.30(3)(e)
(e) The board shall establish criteria for the treatment of financially independent students which are consistent with procedures in
pars. (a) to
(d).
39.30(3m)(a)(a) The board shall establish the maximum amount of a grant awarded under this subsection. The board may not establish a maximum amount that exceeds the maximum amount in the previous academic year unless the board determines, to the best of its ability, that in doing so the board will award grants under this paragraph in the current academic year to at least as many students as the board awarded grants to under this paragraph in the previous academic year. Grants under this section may not be less than $250 during any one academic year.
39.30(3m)(b)
(b) The board may not make initial awards of grants under this section for an academic year in an amount that exceeds 122% of the amount appropriated under
s. 20.235 (1) (b) for the fiscal year in which the grant may be paid.
39.30(4)
(4) Forms. The board shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, the board shall advise and assist applicants in making out such forms.
39.30 Cross-reference
Cross Reference: See also ch.
HEA 4, Wis. adm. code.
39.30 Annotation
Students who attend VTAE (technical college) institutions are eligible for tuition grants under this section. 66 Atty. Gen. 182.
39.31
39.31
Determination of student costs. In determining a student's total cost of attending a postsecondary institution for the purpose of calculating the amount of a grant under
s. 39.30,
39.38,
39.435 or
39.44, the board shall include the following:
39.31(1)
(1) The cost of tuition, fees, books and educational supplies.
39.31(2)
(2) Miscellaneous expenses, as determined by the board.
39.31(3)
(3) The cost of child care, as determined by the board.
39.32
39.32
Student loans. 39.32(1)(a)
(a) "Institution of higher education" means an educational institution meeting the requirements of
P.L. 89-329 for institutions covered therein and of
P.L. 89-287 for business, trade, technical or vocational schools and full-time post-high school technical colleges in this state.
39.32(1)(b)
(b) "Resident student" shall be determined under
s. 36.27, so far as applicable.
39.32(2)(a)
(a) Make and authorize loans to be made to resident students who have satisfactory academic records, who need financial assistance and who are desirous of attending institutions of higher education, when such loans are to assist them in meeting expenses of post-high school education in accordance with this section.
39.32(2)(b)
(b) Establish standards and methods for determining the amount of loans, rates of interest, financial need and other administrative procedures consistent with
P.L. 89-329 and
P.L. 89-287.
39.32(3)
(3) The board may make and authorize loans to be made to students if:
39.32(3)(a)
(a) The student is enrolled or accepted for enrollment in an institution of higher education.
39.32(3)(b)
(b) The student's eligibility for a loan is certified to the board by the institution of higher education in which the student is enrolled or has been accepted for enrollment.
39.32(3)(c)
(c) The student has a satisfactory academic record.
39.32(3)(e)
(e) The student needs financial assistance.
39.32(3)(g)
(g) The student is not in default on any previous loan or the board has determined that the student has made satisfactory arrangements to repay the defaulted loan.
39.32(4)
(4) Loans may be made to minors and minority shall not be a defense to the collection of the debt.
39.32(5)
(5) The board may collect any loans made or authorized to be made by the board pursuant to this section or made prior to July 1, 1966, under s.
49.42, 1963 stats.
39.32(6)
(6) The board shall satisfy the loan of any student who obtained a loan under this section or under s.
39.023, 1965 stats., between July 1, 1966, and December 15, 1968, if the student dies after July 1, 1966, and before completing repayment of the loan, and shall write off the balance of principal and interest owing on the loan on the date that the board received confirmation of the student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made on the loan to the board after the date of the student's death shall be refunded to the payor or the payor's heirs or personal representative upon receipt by the board of an application for refund.
39.32(7)
(7) The board may write off defaulted student loans made pursuant to this section or made prior to July 1, 1966, under s.
49.42, 1963 stats., from moneys other than advances from the investment board originally appropriated for student loans, and from moneys other than moneys resulting from assignment, sale or conveyance of student loans.
39.32(8)
(8) The board may use up to $150,000 annually of student revenue bond proceeds for the purpose of consolidating loans for needy students who have a state direct loan and one or more federally guaranteed student loans from one or more private lenders.
39.32(10)(a)(a) The board may enter into contractual agreements with lenders in this state and lenders in other states which grant loans to residents of this state, and with institutions and agencies wherein the board may provide and furnish to such lenders, institutions and agencies administrative services related to the operation of any programs involving the granting of loans to students including but not limited to any and all services and functions related to the granting, administering and collecting of any loans made to students.
39.32(10)(b)
(b) The board shall have all powers that are reasonably appropriate to the provision of such services and the performance of such contracts and may include charges or fees to be paid by the lenders, institutions and agencies to the board for the provision of such administrative services or any services or activities related to the collection of any student loans for which the board may become responsible by operation of law or by contractual agreements under this paragraph, but such charges or fees, before being instituted by the board, shall be approved by the secretary of administration.
39.32(11)(a)(a) In lieu of the procedure under
ch. 812, the board, on behalf of the corporation under
s. 39.33, or the corporation, on its own behalf, may certify the department of administration to deduct money from a state employee's earnings. The board shall specify an amount, not to exceed 25% of the employee's disposable earnings, as defined in
s. 812.30 (6), to be deducted on a continuing basis until the amount certified by the board or corporation has been paid. The department of administration shall remit moneys deducted to the board or the corporation.
39.32(11)(b)
(b) The procedure in this section may be used only if the amount owed to the board or corporation is reduced to a judgment. At least 30 days prior to certification, the board or corporation shall notify the debtor under
s. 879.05 (2) or
(3) of the intent to certify the debt to the department of administration and of the debtor's right to a contested case hearing before the board under
s. 227.42. If the debtor requests a hearing within 20 days after receiving notice, the board shall notify the department of administration which shall not make deductions under
par. (a) until a decision is reached under
s. 227.47 or the case is otherwise concluded.
39.32(11)(c)
(c) The department of administration shall prescribe the manner and form for certification of debts by the board or corporation under this subsection.
39.32 Annotation
The legislature may direct the public land commissioners to invest monies from the sale of public lands in student loans under s. 39.32, but it may not direct a specific investment. 65 Atty. Gen. 28.
39.325
39.325
Wisconsin health education loan program. 39.325(1)(1) There is established, to be administered by the board, a Wisconsin health education loan program under
P.L. 94-484, on July 29, 1979, in order to provide financial aid to medical and dentistry students enrolled in the University of Wisconsin Medical School, the Medical College of Wisconsin or Marquette University School of Dentistry.
39.325(2)
(2) The board shall lend to students who qualify under
sub. (1) any moneys appropriated or authorized through the issuance of revenue obligations. The board shall require a student borrowing moneys under this section to pay interest while in medical or dental school and during his or her residency training at the rate of at least 3% per year on the sum of the principal amount of the student's obligation and the accumulated interest, unless federal law provides otherwise as a condition of guaranteeing the loan. Principal and interest payable on maturing revenue obligations shall, when necessary, be paid from funded reserves, authorized under
subch. II of ch. 18, or from moneys made available under
chapter 20, laws of 1981, section 2022 (1).
39.325(3)
(3) The board shall promulgate rules and establish standards and methods of determining the amounts of loans, rates of interest and other administrative procedures consistent with
P.L. 94-484, on July 29, 1979. The rates of interest shall be set as low as possible, but shall remain sufficient to cover all costs of the program under this section.
39.33
39.33
Guaranteed student loan program. 39.33(1)
(1) The board may organize and maintain a nonstock corporation under
ch. 181 to provide for a guaranteed student loan program in this state under
P.L. 89-287 and
P.L. 89-329 as may from time to time be amended. The board may make use of and pay for the use of the facilities and services of such corporation.
39.33(2)
(2) The board may provide administrative services for the nonstock corporation with which the board has entered into a contractual agreement for purposes of providing for a guaranteed student loan program in this state. Services provided under this section shall be in accordance with the decision of the board as to the type and scope of services requested and the civil service range of any employee assigned to them.
39.33(3)
(3) The board or the legislature or any person delegated by the legislature may inspect and examine or cause an inspection and examination of all records relating to all programs that are, or are to be, administered under contractual agreement between the board and the corporation.
39.33 History
History: 1995 a. 27;
1997 a. 27.
39.34
39.34
Medical student loan program. Notwithstanding s.
39.34, 1991 stats., the board shall terminate on August 12, 1993, any obligation to repay a loan awarded under this section.
39.35
39.35
Repayment of scholarships for teachers in educationally disadvantaged areas. Notwithstanding s.
39.35, 1969 stats., and s.
39.35, 1991 stats., the board shall terminate on August 12, 1993, any obligation to repay a student aid award made under this section.
39.36
39.36
Repayment of stipends for teachers of the handicapped. Notwithstanding s.
39.36, 1969 stats., s.
39.37 (3) (b), 1969 stats., and s.
39.36, 1991 stats., the board shall terminate on August 12, 1993, any obligation to repay a stipend awarded under this section.
39.37
39.37
Student loan funding.
