1995 Wisconsin Act 27

27,1903 Section 1903 . 39.41 (1m) (c) (intro.) of the statutes is amended to read:

39.41 (1m) (c) (intro.) The executive secretary shall:

27,1904 Section 1904 . 39.41 (1m) (c) 5. of the statutes is amended to read:

39.41 (1m) (c) 5. For each public or private high school with an enrollment of less than 80 pupils, notify the school board of the school district operating the public high school or the governing body of the private high school that the school board or governing body may nominate a senior under par. (b) who may be designated as a scholar by the executive secretary.

27,1905 Section 1905 . 39.41 (1m) (cm) of the statutes is amended to read:

39.41 (1m) (cm) The executive secretary may grant waivers under par. (m).

27,1906 Section 1906 . 39.41 (1m) (d) of the statutes is amended to read:

39.41 (1m) (d) By February 15 of each school year, if 2 or more seniors from the same high school of at least 80 pupils have the same grade point average and, except for the limitation on the number of designated scholars, are otherwise eligible for designation under par. (a), the faculty of the high school shall select the applicable number of seniors for designation under par. (a) as scholars and shall certify, in order of priority, any remaining seniors as alternates for a scholar with the same grade point average. If a senior from that high school designated as a scholar under par. (a) does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), an alternate for the scholar with the same grade point average as any senior from that high school designated as a scholar under par. (a) shall be eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board department.

27,1907 Section 1907 . 39.41 (1m) (e) of the statutes is amended to read:

39.41 (1m) (e) If 2 or more seniors from the same high school of less than 80 pupils have the same grade point average and, except for the limitation of one nominated senior, are otherwise eligible for nomination under par. (b), the faculty of the high school shall select the senior who may be nominated by the school board of the school district operating the public high school or the governing body of the private high school for designation under par. (b) as a scholar by the executive secretary. If that senior is designated as a scholar by the executive secretary and does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), faculty of the high school shall select one or more of the remaining seniors with the same grade point average for certification as a scholar and the school board of the school district operating the high school or the governing body of the private high school shall certify to the board department one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board department.

27,1908 Section 1908 . 39.41 (1m) (f) of the statutes is amended to read:

39.41 (1m) (f) If 2 or more seniors from the Wisconsin school for the visually handicapped have the same grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c) 1., the executive secretary shall make the designation under par. (c) 1. of the senior who may be eligible for a higher education scholarship as a scholar and, if that senior does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the remaining seniors with the same grade point average as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board department.

27,1909 Section 1909. 39.41 (1m) (fm) of the statutes is amended to read:

39.41 (1m) (fm) If 2 or more seniors from the Wisconsin school for the deaf have the same grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c) 2., the executive secretary shall make the designation under par. (c) 2. of the senior who may be eligible for a higher education scholarship as a scholar and, if that senior does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), shall designate one or more of the remaining seniors with the same grade point average as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board department.

27,1910 Section 1910 . 39.41 (1m) (i) of the statutes is amended to read:

39.41 (1m) (i) Notwithstanding par. (d), if the school board of a school district operating a high school or the governing body of a private high school has complied with s. 39.41 (1m) (d), 1991 stats., for the 1993-94 school year and a senior from that high school designated as a scholar under s. 39.41 (1m) (a), 1991 stats., and s. 39.41 (1m) (d), 1991 stats., does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the high school shall select one or more of the remaining seniors with the same grade point average for certification as a scholar. The school board of the school district operating the high school or the governing body of the private high school shall certify to the board department one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the scholarship may be awarded by the board department.

27,1911 Section 1911 . 39.41 (1m) (m) of the statutes is amended to read:

39.41 (1m) (m) Notwithstanding pars. (a), (b) and (d), if a high school ranks its seniors on the basis of grades in academic subjects, the school board of the school district operating the high school or the governing body of the private high school or, for purposes of par. (d), the faculty of the high school may request a waiver from the executive secretary in order to fulfill its requirements under par. (a), (b) or (d) on the basis of grade point averages in academic subjects.

27,1912 Section 1912 . 39.41 (2) (a) of the statutes is amended to read:

39.41 (2) (a) If a designated scholar under sub. (1m) is admitted to and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the senior was designated a scholar, in a center or institution within the university of Wisconsin system or in a technical college district school that is participating in the program under this section, the scholar shall receive a higher education scholarship that exempts the scholar from all tuition and fees, including segregated fees, at the center, institution or district school for one year, subject to the availability of funds, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $2,250 per academic year.

27,1913 Section 1913 . 39.41 (2) (b) of the statutes is amended to read:

39.41 (2) (b) For each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.0 grade point average, or the equivalent as determined by the center, institution or district school, and makes satisfactory progress toward an associate or a bachelor's degree, the student shall be exempt from all tuition and fees, including segregated fees, in the subsequent year, subject to the availability of funds, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $2,250 per academic year. No scholar is eligible for an exemption for more than 4 years at a center or institution or more than 3 years at a district school.

27,1914 Section 1914 . 39.41 (2) (c) of the statutes is amended to read:

39.41 (2) (c) Subject to sub. (4), for each year the student is exempt from tuition and fees under par. (a) or (b), the board department shall pay the center, institution or district school, on behalf of the student, an amount equal to 50% of the student's tuition and fees, except that the maximum payment for a student who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $1,125 per academic year.

27,1916 Section 1916 . 39.41 (3) (a) of the statutes is amended to read:

39.41 (3) (a) If a designated scholar under sub. (1m) is admitted to and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the senior was designated a scholar, in a private institution of higher education that is located in this state and participating in the program under this section, the board department shall pay the institution, on behalf of the pupil, an amount equal to 50% of the tuition and fees charged a resident undergraduate at the university of Wisconsin-Madison in the same academic year, except that the maximum payment for a pupil who receives an original scholarship for the 1996-97 academic year or for any academic year thereafter may not exceed $1,125 per academic year.

27,1918 Section 1918 . 39.41 (4) of the statutes is amended to read:

39.41 (4) (a) The board department shall make the payments under subs. (2) (c) and (3) only if the center, institution, district school or private institution matches the amount of the payment from institutional funds, gifts or grants. Beginning in the 1992-93 school year, the matching requirement under this paragraph for the centers and institutions within the university of Wisconsin system shall be satisfied by payments of an amount equal to the total payments from the centers and institutions made under this paragraph in the 1991-92 school year and, if such payments are insufficient to satisfy the matching requirement, by the waiver of academic fees established under s. 36.27.

(b) The board department shall make the payments under subs. (2) (c) and (3) from the appropriation under s. 20.235 (1) (fy) subject to the availability of funds. If the amount in the appropriation under s. 20.235 (1) (fy) in any fiscal year is insufficient to fully make the payments, the amount of each payment shall be reduced proportionately.

27,1919 Section 1919 . 39.41 (5) of the statutes is amended to read:

39.41 (5) (a) Each center or institution within the university of Wisconsin system, technical college district school and private institution of higher education that wishes to participate in the scholarship program under this section shall notify the board department by October 1 prior to the academic year in which the institution wishes to participate.

(b) Each designated scholar who is eligible for a higher education scholarship under sub. (2) (a) or (3) (a) shall notify the board department as soon as practicable of the institution of higher education he or she will be attending in the next academic year.

(c) Annually, the board department shall notify each scholar who will be attending a participating institution of higher education in the next academic year of the amount of his or her higher education scholarship.

27,1920 Section 1920 . 39.41 (7) of the statutes is amended to read:

39.41 (7) By August 1, 1993, and annually thereafter, the board department shall submit a report to the joint committee on finance evaluating the success of the program under this section. The report shall specify the number and amount of the scholarships awarded in the current fiscal year and the institutions of higher education chosen by the scholarship recipients.

27,1921 Section 1921 . 39.41 (8) of the statutes is amended to read:

39.41 (8) The executive secretary shall promulgate rules establishing criteria for the designation of scholars under sub. (1m) (c) 3.

27,1924 Section 1924 . 39.42 of the statutes is amended to read:

39.42 Interstate agreements. The board department, with the approval of the joint committee on finance, or the governing boards of any publicly supported institution of post-high school education, with the approval of the board department and the joint committee on finance, may enter into agreements or understandings which include remission of nonresident tuition for designated categories of students at state institutions of higher education with appropriate state agencies and institutions of higher education in other states to facilitate use of public higher education institutions of this state and other states. Such agreements and understandings shall have as their purpose the mutual improvement of educational advantages for residents of this state and such other states or institutions of other states with which agreements are made.

27,1925 Section 1925 . 39.435 (1) of the statutes is amended to read:

39.435 (1) There is established, to be administered by the board department a higher education grant program for postsecondary resident students enrolled at least half-time and registered as freshmen, sophomores, juniors or seniors in accredited institutions of higher education in this state. Except as authorized under sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions in this state.

27,1926 Section 1926 . 39.435 (2) of the statutes is amended to read:

39.435 (2) The board department 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 department may not award a grant to the same student for more than 10 consecutive semesters or their equivalent. The board department shall promulgate rules establishing eligibility criteria for grants under this subsection.

27,1927 Section 1927 . 39.435 (3) of the statutes is amended to read:

39.435 (3) Grants under sub. (1) shall not be less than $250 during any one academic year, unless the joint committee on finance approves an adjustment in the amount of the minimum grant. Grants under sub. (1) shall not exceed $1,800 during any one academic year. The board department shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board department deems necessary to assure uniform administration of the program.

27,1928 Section 1928 . 39.435 (4) (a) of the statutes is amended to read:

39.435 (4) (a) The board department shall promulgate rules establishing policies and procedures for determining dependent and independent status and for the calculation of expected parental and student contributions. The rules shall be consistent with generally accepted definitions and nationally approved needs analysis methodology.

27,1929 Section 1929 . 39.435 (4) (b) 1. and 2. of the statutes are amended to read:

39.435 (4) (b) 1. Annually, the board department shall establish equity award levels for students enrolled in the university of Wisconsin system and for students enrolled in technical colleges.

2. From the equity levels established under subd. 1., the board department shall subtract the amount of the expected parental contribution and the expected student contribution to determine the amount of the student's grant.

27,1930 Section 1930 . 39.435 (4) (c) of the statutes is amended to read:

39.435 (4) (c) Grants paid to independent students shall be determined by the board department consistent with the rules and procedures under pars. (a) and (b).

27,1930m Section 1930m. 39.435 (4) (d) of the statutes is created to read:

39.435 (4) (d) The awarding of grants under this section is subject to any formula approved or modified by the education commission under s. 39.285 (1).

27,1931 Section 1931 . 39.435 (5) of the statutes is amended to read:

39.435 (5) The board department shall ensure that grants under this section are made available to students attending private or public institutions in this state who are deaf or hard of hearing or visually handicapped and who demonstrate need. Grants may also be made available to such handicapped students attending private or public institutions in other states under criteria established by the board department. In determining the financial need of these students special consideration shall be given to their unique and unusual costs.

27,1932 Section 1932 . 39.435 (6) of the statutes is amended to read:

39.435 (6) The board department may not make a grant under this section to a person if it the department receives a certification under s. 46.255 (7) that the person is delinquent in child support or maintenance payments.

27,1933 Section 1933 . 39.44 (1) (b) of the statutes is amended to read:

39.44 (1) (b) There is established, to be administered by the board department, the minority undergraduate retention grant program for minority undergraduates enrolled in private, nonprofit higher educational institutions in this state or in technical colleges in this state.

27,1934g Section 1934g. 39.44 (2) of the statutes is amended to read:

39.44 (2) Funds for the grants under this section shall be distributed from the appropriation under s. 20.235 (1) (fg), with 50% distributed to the eligible private institutions and from the appropriation under s. 20.235 (1) (fh) 50% distributed to the eligible technical colleges on the basis of full-time equivalent enrollments of students eligible for grants under sub. (1) (b), except as provided in 1995 Wisconsin Act .... (this act), section 9127 (1et). The board shall audit the enrollment statistics annually.

27,1934m Section 1934m. 39.44 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

39.44 (2) Funds for the grants under this section shall be distributed from the appropriation under s. 20.235 (1) (fg), with 50% distributed to the eligible private institutions and 50% distributed to the eligible technical colleges, except as provided in 1995 Wisconsin Act .... (this act), section 9127 (1et). The department shall audit the enrollment statistics annually.

27,1935 Section 1935 . 39.44 (3) (b) of the statutes is amended to read:

39.44 (3) (b) Demonstrate to the satisfaction of the board department that such funds do not replace institutional grants to the recipients.

27,1936 Section 1936 . 39.44 (3) (c) of the statutes is amended to read:

39.44 (3) (c) Annually report to the board department the number of awards made, the amount of each award, the minority status of each recipient, other financial aid awards made to each recipient and the total amount of financial aid made available to the eligible students.

27,1937 Section 1937 . 39.44 (4) of the statutes is amended to read:

39.44 (4) The board department shall notify an institution or school receiving funds under sub. (2) if the board department receives a certification under s. 46.255 (7) that a student is delinquent in child support or maintenance payments. An institution or school may not award a grant under this section to a student if it receives a notification under this subsection concerning that student.

27,1940 Section 1940 . 39.45 (2) to (7) of the statutes are amended to read:

39.45 (2) There is established, to be determined by the board department, a grant program for resident students who are current recipients of aid to families with dependent children under s. 49.19.

(3) Grants under this section shall be awarded on the basis of financial need, as determined by the board department, to resident students enrolled for at least 6 academic credits in the 2nd or 3rd year in programs leading to an associate degree or the 3rd, 4th or 5th year in programs leading to a bachelor's degree. Except as provided in sub. (5), no grant may exceed $4,000 per academic year. Students may apply for grants, upon a form prepared and furnished by the board department, on or after February 1 of any year for the fall semester or session of the upcoming academic year. No student is eligible to receive a grant under this section for more than 3 academic years.

(4) The board department shall give preference, as much as practicable, in awarding grants under this section to students enrolled in courses likely to increase the immediate employment opportunities of such students. The board department shall publish a list of such courses and shall include courses that have an occupational or vocational objective in areas with existing labor needs.

(5) The board department may award supplemental grants of between $500 and $1,000 per child per semester or session to students for the cost of child care for preschool children of the students. The student shall demonstrate, as determined by the board department, financial need for the supplemental grant. In awarding grants under this subsection, the board department may not exceed 20% of the appropriation for a given fiscal year for the grant program.

(6) From the appropriation under s. 20.235 (1) (fc), the board department shall use available funds to make grant awards under this section, but no award may be made before March 1 for the fall semester or session of the upcoming academic year.

(7) The board department shall promulgate rules to administer this section, including criteria and procedures for repayment of grants awarded under this section, including interest, by certain grant recipients who no longer reside in this state or do not successfully complete requirements for a degree. The board department shall deposit in the general fund as general purpose revenue-earned all repayments of grants awarded under this section and the interest on the grants.

27,1943 Section 1943 . 39.46 (1) of the statutes is amended to read:

39.46 (1) On or before July 1 of each year, the higher educational aids board department shall initiate, investigate and formulate for procurement, a contract for dental education services in accordance with this section. Thereafter, the board department shall conduct a biennial analysis of the program and include a report on its findings and recommendations in its reports under s. 15.04 (1) (d). The legislative audit bureau shall biennially postaudit expenditures under this section. Section 16.75 (1) to (5) are waived with respect to such contract.

27,1944 Section 1944 . 39.46 (2) (d) of the statutes is amended to read:

39.46 (2) (d) That the dental school administer and operate its courses and programs in dentistry in conformity with academic and professional standards, rules and requirements and seek progressively to enrich and improve its courses of dental education, research and public service by full and efficient use of budgetary and other resources available to it. In monitoring compliance with this paragraph the board department may rely on 3rd-party evaluations conducted by appropriate and recognized accrediting bodies.

27,1945 Section 1945 . 39.47 (1) and (2m) of the statutes are amended to read:

39.47 (1) There is established, to be administered by the board department, a Minnesota-Wisconsin student reciprocity agreement, the purpose of which shall be to ensure that neither state shall profit at the expense of the other and that the determination of any amounts owed by either state under the agreement shall be based on an equitable formula which reflects the educational costs incurred by the 2 states. The board department, representing this state, shall enter into an agreement meeting the requirements of this section with the designated body representing the state of Minnesota.

(2m) No resident of this state may receive a waiver of nonresident tuition under this section if the board department receives a certification under s. 46.255 (7) that the resident is delinquent in child support or maintenance payments.

27,1946 Section 1946 . 40.02 (22) (e) of the statutes is amended to read:

40.02 (22) (e) Except for OASDHI purposes, at the employer's discretion, means compensation deemed to have been paid for services deemed to have been rendered during periods of leaves of absence without pay, at the employe's rate of pay prior to the leave, provided contributions and premiums on the deemed earnings are paid as required under s. 40.05. Any action taken under this paragraph that applies to state employes shall be taken pursuant to a collective bargaining agreement under subch. V of ch. 111 or s. 230.12 or 233.10.

27,1946m Section 1946m. 40.02 (22) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

40.02 (22) (e) Except for OASDHI purposes, at the employer's discretion, means compensation deemed to have been paid for services deemed to have been rendered during periods of leaves of absence without pay, at the employe's rate of pay prior to the leave, provided contributions and premiums on the deemed earnings are paid as required under s. 40.05. Any action taken under this paragraph that applies to state employes shall be taken pursuant to a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10.

27,1947 Section 1947 . 40.02 (25) (a) 3. of the statutes is amended to read: