Notice is hereby given that pursuant to ss. 38.305 (4), and 227.11, Stats., and interpreting s. 38.305, Stats., the Wisconsin Technical College System Board will hold a public hearing at the time and place indicated below to consider the creation of ch. TCS 16, relating to Technical and Occupational Program grants to students.
Hearing Information
The public hearing will be held:
Date and Time   Location
May 1, 2000   WTCSB Board Room
Monday   310 Price Place
1:00 p.m.   MADISON, WI
Analysis Prepared by the Technical College System Board
Statutory authority: s. 38.305 (4)
Statute interpreted: s. 38.305
The purpose of the rule is to implement and administer the awarding of grants to first-year students who are enrolled full-time at a technical college within three years of graduating from a Wisconsin high school and who maintain a grade point average of 2.0.
Section 38.305 (4), Stats., authorizes the Technical College System Board to establish, by administrative rule, policies and procedures to implement, and thereafter administer, the awarding of grants of $500 per school year for educational programs in occupational and technical areas. An eligible student may also receive a subsequent award of $500 for a second year of study.
When granting an award, the Board must determine the eligibility of the prospective student using the following criteria:
  a) The student has enrolled in a technical college within 3 years of graduating from a Wisconsin high school;
  b) The student is a first-year student at a technical college;
  c) The student is enrolled full-time in an associate degree program or a vocational (technical) diploma program; and
  d) The student maintains a grade point average of at least 2.0.
Certain policies and procedures, including the right to appeal adverse decisions affecting a student's initial or continued eligibility for receiving a grant, are contained in the rule.
Text of Rule
Section 1. Chapter TCS 16 (title) is created to read:
Chapter TCS 16
TECHNICAL AND OCCUPATIONAL PROGRAM GRANTS
TCS 16.01 Purpose. The purpose of this chapter is to establish procedures to implement and administer grants to students enrolling in technical and occupational educational programs at a Wisconsin technical college as authorized under s. 38.305, Stats.
TCS 16.02 Definitions. In this chapter:
(1) “Associate degree program" has the meaning given in s. 38.01 (1), Stats.
(2) “ Board" means the Wisconsin technical college system board.
(3) “ State director" means the person appointed by the board under s. 38.04 (2), Stats.
(4) “ District" means a technical college district established under ch. 38, Stats.
(5) “ District board" means the district board in charge of the technical colleges of a district.
(6) “ District director" means the person employed by a district board under s. 38.12 (3) (a), Stats.
(7) “ Initial eligibility end date" is the date that a student's period of eligibility for an initial TOP grant ends. It is calculated from the first full month immediately following the date of high school graduation and ends on the last day of the 36th month.
(8) “ First-year student" for purposes of eligibility for a TOP grant, means any technical college student who has earned, completed, or received no more than 18 (eighteen) program credits from or at a technical college after graduating from high school. Any postsecondary program credit earned while serving on active duty shall not be counted against this credit limitation.
(9) “ Enrolled full-time" for purposes of TOP grant eligibility, means enrolled in at least 12 (twelve) program credits per semester.
(10) “ Grade point average or GPA" means the semester grade earned by a student, calculated by dividing the total grade points earned by the number of credits earned during the semester.
(11) “ Graduated from high school" for purposes of TOP grant eligibility, means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29 (4), Stats.
(12) “ Grant applicant" means any person who has applied for a TOP grant under this chapter.
(13) “ Grant or TOP grant" means a technical and occupational program grant for students as authorized under s. 38.305, Stats.
(14) “ Grant recipient" means a student who has been awarded a TOP grant under this chapter.
(15) “ Program credits" are those academic credits that count toward a board approved degree or diploma program.
(16) “ School year" has the meaning given in s. 38.01 (9), Stats.
(17) “ Student" means a person enrolled at a technical college.
(18) “ Technical college" means a Wisconsin technical college established under ch. 38, Stats.
(19) “ Technical diploma" is synonymous with vocational diploma.
(20) “ Vocational diploma program" has the meaning given in s. 38.01 (11), Stats.
TCS 16.02 Period of initial eligibility. (1) The eligibility period for an initial TOP grant begins on the date a person graduates from high school and ends on his or her initial eligibility end date.
(2) Unless a deferment has been granted under s. TCS 16.06 (1) (a) or (2), a student may not be awarded an initial TOP grant beyond his or her initial eligibility end date.
TCS 16.03 Initial TOP grant eligibility. A student is eligible for an initial TOP grant only upon meeting all of the following eligibility requirements:
(1) The student has graduated from high school as verified by the district;
(2) The student is a first-year student at a technical college;
(3) The student has enrolled full-time in a technical diploma or associate degree program; and
(4) The student is registered for classes that are scheduled to begin at the technical college on or before the student's initial eligibility end date, unless a deferment has been approved under s. TCS 16.06 (1) (a) or (2).
TCS 16.04 Awarding of the TOP grant. (1) A grant applicant meeting all of the eligibility criteria under s. TCS 16.03(1)-(4) shall receive an initial TOP grant of $250 to be applied toward a student's costs of tuition and fees at the beginning of the semester in which the student is eligible.
(2) A grant applicant meeting the eligibility criteria for the continuation of a TOP grant under s. TCS 16.05 (1) shall receive a TOP grant of $250 to be applied toward a student's costs of tuition and fees at the beginning of the semester in which a student is eligible.
(3) A grant recipient is eligible to receive up to 2 (two) TOP grants totaling no more than $500 (five hundred) per school year. In no case shall a grant recipient be awarded more than 4 (four) TOP grants in total.
(4) A student must receive all 4 (four) TOP grants within 6 (six) consecutive semesters, unless a general deferment has been approved under s. TCS 16.06 (1) in which case the following applies:
(a) If a student has received 1 (one) general deferment, then he or she must receive all TOP grants within 6 (six) consecutive semesters, plus 1 (one) fall or spring semester, whichever first follows these 6 (six) semesters.
(b) If a student has received 2 (two) general deferments, then he or she must receive all 4 (four) TOP grants within 6 (six) consecutive semesters, plus 1 (one) fall and 1 (one) spring semester immediately following those 6 (six) semesters.
TCS 16.05 Continuation of TOP grant eligibility. To receive a TOP grant for a 2nd, 3rd, or 4th semester after receiving an initial grant award, a student shall meet all of the following eligibility requirements:
(1) The student is not serving a probationary semester under s. TCS 16.07; and
(2) The student has enrolled full-time in a technical diploma or occupational associate degree program.
TCS 16.06 Deferment. (1) General. General deferments are given to either postpone a student's initial eligibility end date or extend the number of semesters in which a student must receive all of his or her TOP grants.
(a) Postponing initial eligibility. A person, who may otherwise meet the eligibility requirements for an initial TOP grant award under s. TCS 16.03, may request a general deferment for reasons owing to personal hardship, as determined by the district, anytime before the start of the semester for which a general deferment is requested and before a student's initial eligibility end date. A deferment approved under this paragraph shall stop the running of a student's initial eligibility date for the duration of that semester and any remaining TOP grant eligibility time shall be recalculated from the last day of the semester for which the deferment was approved.
(b) Extending continued eligibility. A student who has received a TOP grant under ss. TCS 16.03 or 16.05 may request a general deferment for reasons owing to personal hardship, as determined by the district, anytime before the start of the semester for which a general deferment is requested. A deferment approved under this paragraph shall extend the time in which a student has to receive all of his or her TOP grants. Deferments approved under this paragraph are subject to the provisions of s. TCS 16.04 (4).
(c) Number of deferments allowed. A person may apply for up to 2 general deferments under this subsection.
(2) Military deferment. A high school graduate, who may otherwise meet the eligibility requirements for a TOP grant under s. TCS 16.03 and who enters the U.S. armed forces on active duty before his or her initial eligibility end date, shall be eligible for a military deferment for up to 2 years. The time that a student serves on active duty in the U.S. armed forces shall stop the running of his or her initial eligibility end date and any remaining TOP grant eligibility time shall be calculated from the date of discharge from active duty. A deferment under this subsection shall be in addition to a deferment under sub. (1).
(3) Application. In order to receive a deferment, a student shall apply to the district director or designee. Application for a general deferment must be made before the start of the semester for which the deferment is requested. Application for a military deferment must be made within 30 days of discharge from active duty in the military service or before the end of the member's original initial eligibility end date, whichever is later.
(4) Approval. Each district shall establish policies for approving TOP grant deferments other than military deferments under sub. (2).
TCS 16.07 Probationary semester. (1) A student who either fails to attain a 2.0 GPA or does not complete at least 12 (twelve) program credits during the semester in which he or she was awarded a TOP grant shall be placed on probation for the following semester in which he or she is eligible for a TOP grant unless an exemption is approved under s. TCS 16.07 (4). No grant award will be given to a student during a probationary semester.
(2) A student who either fails to attain a 2.0 GPA or does not complete at least 12 (twelve) program credits during a probationary semester forfeits any remaining eligibility for subsequent TOP grant awards.
(3) A student who attains a 2.0 GPA and completes at least 12 (twelve) program credits during a probationary semester shall be eligible for subsequent TOP grant awards based on the following:
(a) If a student's probationary semester follows the semester in which he or she received his or her 1st TOP grant, then a student may be eligible to receive up to 2 (two) additional TOP grants.
(b) If a student's probationary semester follows the semester in which he or she received his or her 2nd TOP grant, then a student may be eligible to receive up to 1 (one) additional TOP grant.
(c) If a student's probationary semester follows the semester in which he or she received his or her 3rd TOP grant, then a student is no longer eligible to receive a TOP grant award.
(4) Probation exemption. (a) A student who has received a TOP grant under ss. TCS 16.03 or 16.05 may request a probation exemption for reasons owing to personal hardship as determined by the district during the semester in which he or she received the grant.
(b) Such a request must be approved before the end of the semester in which the grant was received.
(c) A student who has received approval for a probation exemption is not subject to the provisions of sub. (1) for the subsequent semester in which he or she is eligible for a TOP grant, following the approval of the exemption.
(d) A student may apply for up to 2 probation exemptions under this subsection.
TCS 16.08 Appeals. (1) District policies. Districts shall establish policies and procedures for students to appeal grant eligibility, deferment approvals, probation determinations, and probation exemptions. Such policies and procedures shall be approved by the district board and filed with the office of the state director.
(2) Decision of state director. Decisions by the district director or designee may be appealed to the state director. Review of a district decision is limited to a review of the record established at the district level.
(3) Time limit. The time limit for filing an appeal to the state director shall be 30 days after a student is notified of the district's decision.
  Note: The address for filing appeals to the state director is: Wisconsin Technical College System Board, 310 Price Place, P.O. Box 7874, Madison, Wisconsin 53707-7874.
Written Comments
The public record on this proposed rule will held open until the close of business on Thursday, May 4, 2000. Written comments from people unable to attend the public hearing or who want to supplement testimony offered at the hearing may be submitted for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to the contact person listed below. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
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