Scope Statements
Higher Educational Aids Board
This statement of scope was approved by the governor on December 2, 2011.
Objective
The Higher Educational Aids Board would like to make the following changes to administrative rule HEA 5.04 Talent Incentive Grant Eligibility (2)(a) the student is a member of one of the minority groups defined in s. 39.44 (a) (a), Stats. HEAB would like to delete this sentence thereby eliminating the minority group as part of the non-traditional status criteria.
Existing Policy
In August, 2010 we changed our internal policy to exclude the race criteria from eligibility and collect that data for information purposes only. The change was due to a complaint that had been filed with the U.S. Department of Education; Office of Civil Rights. The Higher Educational Aids Board was notified of this complaint in September, 2006. The complaint alleged that the Board's Talent Incentive Program (TIP) Grant discriminates against non-minority students on the bases of race and national origin by denying them an equal opportunity to participate in a financial aid program. A resolution was achieved to this complaint in August, 2010 by eliminating the race element in the non-traditional student status criteria.
Statutory Authority for the Rule
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.
Estimate of Time to Develop the Rule
The Higher Educational Aids Board estimates that state employees may spend one week or 40 hours to develop the rule and the use of other resources necessary for development. This estimate does not include the hours used by the Legislative Reference Bureau.
Entities that May be Affected
Students who are uniquely needy and enrolled at least half-time as first time freshmen at public and private non-profit institutions in this state and sophomores, juniors and seniors who received such grants as freshmen would not be affected by this change in administrative rule.
Summary and Preliminary Comparison
In summary, the change to the administrative rule will fully satisfy the resolution agreed upon in August, 2010 and eliminates the race element in the criteria.
Contact Person
Sherrie Nelson, Interim Administrator, WI Higher Educational Aids Board, P.O. Box 7885, Madison, WI 53707-7885; Phone: (608) 267-2944; E-mail: Sherrie.nelson@wisconsin.gov.
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