LRB-4893/1
ARG:emw&cjs
2023 - 2024 LEGISLATURE
October 24, 2023 - Introduced by Representatives Rettinger, Magnafici, Allen,
Behnke, Brandtjen, Callahan, Dallman, Dittrich, Goeben, Gundrum,
Krug, Maxey, Murphy, Nedweski, O'Connor and Rozar, cosponsored by
Senators Wimberger, Wanggaard and Nass. Referred to Committee on
Colleges and Universities.
AB554,1,8
1An Act to repeal 36.34 (title) and (1) (title) and (a), 38.04 (8) (a), 38.26 (1), 39.15
2(1) (c), 39.44 (1) (a) and 39.46 (2) (g);
to renumber and amend 36.34 (1) (b);
3to amend 36.25 (14), 36.25 (14m) (title), 36.25 (14m) (a), 36.25 (14m) (b), 36.25
4(14m) (c) 2., 38.04 (8) (title), 38.04 (8) (b), 38.26 (title), 38.26 (2) (a), (b), (c), (d)
5and (e), 38.27 (1) (a), 39.40 (title), 39.40 (2) (intro.), 39.40 (3) (b) 1., 39.44 (1) (b)
6and 39.44 (3) (c);
to repeal and recreate 39.40 (1) and 39.44 (title); and
to
7create 36.25 (14m) (d), 38.04 (8) (c) and 39.44 (1) (c) of the statutes;
relating
8to: race-based higher education programs and requirements.
Analysis by the Legislative Reference Bureau
This bill changes certain race-based programs or requirements in higher
education. In general, the bill modifies these programs and requirements so they
apply to disadvantaged students rather than minority students.
Higher Educational Aids Board
Minority teacher loan program
Under current law, the Higher Educational Aids Board administers a minority
teacher loan program for minority students who meet certain criteria, including
being enrolled in a teaching program in a discipline with teacher shortages. A
“minority student” is defined as a student who is a Black American; an American
Indian or Alaskan native; a Hispanic; a person of Asian or Pacific Island origin; or
a person whose ancestry includes two or more races. Under the program, HEAB may
award to an eligible student a loan of up to $10,000 per year for not more than three
years. The loan is generally repayable, but HEAB must forgive 25 percent of the loan
for each school year the loan recipient 1) is employed as a full-time teacher in a
high-demand area related to the recipient's discipline; 2) is employed by a public or
private school located in a school district in which minority students constitute at
least 40 percent of pupil enrollment; and 3) receives an educator effectiveness rating
of proficient or distinguished.
The bill changes the program so that it is available to disadvantaged students
rather than minority students. In determining whether a student is disadvantaged,
the student's race, ethnicity, national origin, gender, sexual orientation, or religion
may not be considered, either directly or indirectly. This prohibition applies to HEAB
for all purposes for which it determines whether a student is disadvantaged. The bill
also changes the criteria for loan forgiveness described in 2, above, so the recipient
must be employed by a public or private school located in a school district in which
“economically disadvantaged pupils,” defined as pupils eligible for a free or
reduced-price lunch, constitute at least 80 percent of pupil enrollment.
Minority undergraduate grants
Under current law, HEAB administers a minority undergraduate retention
grant program for minority undergraduates enrolled in private, nonprofit colleges
and technical colleges. A “minority undergraduate” is defined as an undergraduate
student who is a Black American; an American Indian; a Hispanic; or a person
admitted to the United States after December 31, 1975, who is either a former citizen
of Laos, Vietnam, or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam,
or Cambodia (Hmong). HEAB must evenly distribute program funds to private,
nonprofit colleges and technical colleges, and these receiving colleges must award
grants to eligible students on the basis of financial need.
The bill changes the program so that it is available to disadvantaged
undergraduate students rather than minority undergraduate students.
Minority student enrollment at Medical College of Wisconsin and Marquette
University School of Dentistry
Current law provides state funding to the Medical College of Wisconsin, Inc.,
for certain purposes, but one condition for receiving this funding is that MCW make
every effort to ensure that at least 5 percent of its total enrollment consists of
minority students.
The bill repeals this requirement.
Current law requires HEAB to facilitate a contract between the state and a
private, nonprofit dental school for dental education services. The contract must
incorporate certain requirements, including that the dental school make every effort
to ensure that at least 5 percent of its total enrollment consists of minority students.
The bill repeals this requirement.
University of Wisconsin System
Minority and disadvantaged student programs
Current law requires the Board of Regents of the University of Wisconsin
System to fund programs for minority and disadvantaged students enrolled in the
UW System and programs to recruit minority and disadvantaged students. The
Board of Regents must also adopt a recruitment and retention plan for minority and
disadvantaged students.
Current law requires the Board of Regents to establish a grant program for
minority and disadvantaged graduate students enrolled in the UW System.
The bill modifies these provisions to delete reference to the minority status of
students so they apply only to disadvantaged students. The bill also specifies that,
in determining whether a student is disadvantaged, the student's race, ethnicity,
national origin, gender, sexual orientation, or religion may not be considered, either
directly or indirectly. This prohibition applies to the UW System for all purposes for
which it determines whether a student is disadvantaged.
Lawton grants
Current law requires the Board of Regents to establish a grant program for
minority undergraduates enrolled in the UW System. The grants are known as
Lawton grants. A “minority undergraduate” is defined as an undergraduate student
who is a Black American; an American Indian; a Hispanic; or Hmong.
The bill changes the Lawton grant program so that Lawton grants are awarded
to disadvantaged undergraduate students rather than minority undergraduate
students.
Technical colleges
Minority student participation and retention plan
Current law requires the Technical College System Board to develop a plan to
increase minority group member participation and retention in the Technical College
System. The plan must include certain information, including a review of the
progress made by the TCS Board and technical colleges in the previous school year.
A “minority group member" is defined as a Black, a Hispanic, an American Indian,
an Eskimo, an Aleut, a native Hawaiian, an Asian-Indian, or a person of
Asian-Pacific origin.
The bill modifies this requirement so that it applies with respect to
disadvantaged students rather than minority group members. The bill also specifies
that, in determining whether a student is disadvantaged, the student's race,
ethnicity, national origin, gender, sexual orientation, or religion may not be
considered, either directly or indirectly. This prohibition applies to the TCS Board
and technical colleges for all purposes for which they determine whether a student
is disadvantaged.
Minority student participation and retention grants
Under current law, the TCS Board, upon application by a technical college, may
award a grant to the technical college to accomplish specified purposes relating to
minority students, including the following: providing counseling and tutoring
services for minority students; pursuing innovative approaches to increasing
minority student placement and retention in programs that lead to a high earning
potential; providing internships to minority students preparing for transfer to UW
System teacher education programs; and recruiting, training, and retaining
minority students through the use of community-based organizations. A “minority
student" is defined as a student enrolled in a technical college who is a minority group
member, as defined above.
The bill changes this grant program so that grants are awarded for programs
related to disadvantaged students rather than minority students.
Incentive grants
Under current law, the TCS Board awards incentive grants to technical colleges
for specified purposes. One such purpose is the creation or expansion of adult high
school, adult basic education, and English as a second language courses. The TCS
Board must give priority to courses serving students with disabilities or minority,
unemployed, or disadvantaged students.
The bill eliminates the priority for courses serving minority students but does
not affect the priority for courses serving students with disabilities or unemployed
or disadvantaged students.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB554,1
1Section
1. 36.25 (14) of the statutes is amended to read:
AB554,4,92
36.25
(14) Graduate student financial aid. The board shall establish a grant
3program for
minority and disadvantaged graduate students enrolled in the system.
4The board shall give preference in awarding grants under this subsection to
5residents of this state. The board may not make a grant under this subsection to a
6person whose name appears on the statewide support lien docket under s. 49.854 (2)
7(b), unless the person provides to the board a payment agreement that has been
8approved by the county child support agency under s. 59.53 (5) and that is consistent
9with rules promulgated under s. 49.858 (2) (a).
AB554,2
10Section
2. 36.25 (14m) (title) of the statutes is amended to read:
AB554,5,2
136.25
(14m) (title)
Minority and disadvantaged Disadvantaged student
2programs.
AB554,3
3Section
3. 36.25 (14m) (a) of the statutes is amended to read:
AB554,5,64
36.25
(14m) (a) The board shall fund programs for recruiting
minority and 5disadvantaged students and for
minority and disadvantaged students enrolled in the
6system.
AB554,4
7Section
4. 36.25 (14m) (b) of the statutes is amended to read:
AB554,5,108
36.25
(14m) (b) By April 15, 1992, and annually thereafter, the board shall
9adopt a precollege, recruitment and retention plan for
minority and disadvantaged
10students enrolled in the system.
AB554,5
11Section
5. 36.25 (14m) (c) 2. of the statutes is amended to read:
AB554,5,1512
36.25
(14m) (c) 2. All financial aid distributed to students, categorized by
13ethnic group, class level and dependency status. The report shall include
14information on financial need, percentage of need satisfied by loan, percentage of
15need satisfied by grant
, and the percentage remaining unsatisfied.
AB554,6
16Section
6. 36.25 (14m) (d) of the statutes is created to read:
AB554,5,2017
36.25
(14m) (d) In determining whether a student is disadvantaged for
18purposes of this chapter, including under this subsection, sub. (14), and s. 36.34, the
19race, ethnicity, national origin, gender, sexual orientation, or religion of the student
20may not be considered, either directly or indirectly.
AB554,7
21Section
7. 36.34 (title) and (1) (title) and (a) of the statutes are repealed.
AB554,8
22Section
8. 36.34 (1) (b) of the statutes is renumbered 36.34 and amended to
23read:
AB554,6,6
2436.34 Ben R. Lawton grant program. The board shall establish a grant
25program for
minority undergraduates disadvantaged undergraduate students
1enrolled in the system. The board shall designate all grants under this
subsection 2section as Lawton grants. The board may not make a grant under this
subsection 3section to a person whose name appears on the statewide support lien docket under
4s. 49.854 (2) (b), unless the person provides to the board a payment agreement that
5has been approved by the county child support agency under s. 59.53 (5) and that is
6consistent with rules promulgated under s. 49.858 (2) (a).
AB554,9
7Section
9. 38.04 (8) (title) of the statutes is amended to read:
AB554,6,98
38.04
(8) (title)
Minority Disadvantaged student participation and retention
9plan.
AB554,10
10Section
10. 38.04 (8) (a) of the statutes is repealed.
AB554,11
11Section
11. 38.04 (8) (b) of the statutes is amended to read:
AB554,6,1912
38.04
(8) (b) Annually by January 1, the board shall develop a plan to increase
13minority group member participation and retention in the technical college system
14of disadvantaged students. The plan shall specify each district board's goals and
15objectives for
minority group member participation and retention
of disadvantaged
16students. The plan shall outline activities and programs that enhance
minority
17group member participation and retention
of disadvantaged students and shall
18review the progress made by the board and by district boards in the previous school
19year.
AB554,12
20Section
12. 38.04 (8) (c) of the statutes is created to read:
AB554,6,2421
38.04
(8) (c) In determining whether a student is disadvantaged for purposes
22of this chapter, including under this subsection and ss. 38.26 and 38.27 (1) (a), the
23race, ethnicity, national origin, gender, sexual orientation, or religion of the student
24may not be considered, either directly or indirectly.
AB554,13
25Section
13. 38.26 (title) of the statutes is amended to read: