Effective date note
NOTE: Par. (e) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27, s.
9145 (1). The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(e) Assist the department of public instruction and cooperative educational service agencies to assist school districts in conducting environmental education needs assessments.
36.25(29m)(f)
(f) Provide environmental education workshops and consulting services to teacher educators from teacher training institutions located in this state.
36.25(29m)(g)
(g) Establish an environmental education curriculum and materials center for use by school teachers, faculty of teacher training institutions located in this state and others in educational programs who need such materials.
36.25(29m)(h)
(h) Assist the University of Wisconsin-Stevens Point college of natural resources in providing opportunities for teachers to complete advanced training in environmental education through the college's master's degree program.
36.25(29r)
(29r) Study on the reintroduction of elk. 36.25(29r)(a)(a) The board shall direct the University of Wisconsin-Stevens Point to conduct a study to determine the feasibility of reintroducing elk into the northern part of the state and to formulate a management plan for the reintroduction of elk if the conclusions of the study demonstrate that the reintroduction is feasible.
36.25(29r)(b)
(b) The University of Wisconsin-Stevens Point shall conduct the study by monitoring the behavior of an experimental herd that the university shall bring into the state. The university shall also assess the herd's compatibility with other resources in the area where the study is conducted.
36.25(30)
(30) Hazardous pollution prevention program. The board shall establish in the extension a hazardous pollution prevention program to promote hazardous pollution prevention, as defined in
s. 299.13 (1) (c). In cooperation with the department of natural resources, the department of commerce and the hazardous pollution prevention council, the program shall do all of the following:
36.25(30)(a)
(a) Conduct an education and technical assistance program to promote hazardous pollution prevention in this state.
36.25(30e)
(30e) Recycling market development board. The board shall assign to extension personnel the responsibility for managing the attachment of the recycling market development board to the system.
Effective date note
NOTE: Sub. (30e) is repealed by
1995 Wis. Act 27 eff. 7-1-97, or on the day after the publication of the 1997-99 biennial budget act, whichever is later.
36.25(30g)
(30g) Recycling market development program. The board shall establish in the extension, in cooperation with the recycling market development board, a program of education and technical assistance related to recycling market development. The program shall serve waste generators, as defined in
s. 287.40 (4); solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.
36.25(30m)
(30m) Agricultural technology and family farm programs. The board may establish agricultural technology and family farm programs in the college of agriculture and life sciences at the University of Wisconsin-Madison.
36.25(31)
(31) Biotechnology education; consumers. The board shall establish extension programs to educate consumers about biotechnology processes and products and risk assessment techniques.
36.25(32)
(32) Agricultural safety and health center. 36.25(32)(a)(a) The board shall establish an agricultural safety and health center in the extension. The center shall do all of the following:
36.25(32)(a)1.
1. Develop curriculum and materials for a tractor and machine operation safety training course for minors that is equivalent to the requirements, other than age, specified under
29 CFR 570.70 to
570.72.
36.25(32)(a)2.
2. Perform instructor training and coordination necessary to provide a statewide program of tractor and machinery operation safety training to minors and certification of minors successfully completing such training.
36.25(32)(a)3.
3. Develop and disseminate educational and informational materials and present programs on farm safety and health topics.
36.25(32)(b)
(b) From the appropriation under
s. 20.285 (1) (fs), the board shall award grants totaling not more than $500 annually per county to sponsors of farm safety education, training or information programs. To be eligible for a grant, a sponsor shall:
36.25(32)(b)1.
1. Secure or provide equal matching funds from private or public sources.
36.25(32)(b)3.
3. Demonstrate that the program for which a grant is sought was developed in consultation with extension personnel, public health personnel, vocational agriculture instructors or other persons with expertise or interest in farm safety topics.
36.25(33)
(33) Quality improvement awards. From the appropriation under
s. 20.285 (1) (a), the board annually may award up to $500 each to no more than 10 system employes who make suggestions that result in significant quality improvements for the system relating to supplies and expenses. The board shall appoint a council under
s. 15.04 (1) (c) to nominate recipients for the awards. The board shall not make more than one award to an employe in the same fiscal year. An award is not part of an employe's base pay.
36.25(34)
(34) Center for urban land economics research. The board shall establish a center for urban land economics research in the school of business at the University of Wisconsin-Madison to conduct research and undertake educational, public outreach and grant activities related to real estate and urban land economics.
36.25(35)
(35) American Indian health plan. In cooperation with the medical college of Wisconsin, inc., and the technical college system board, the board shall assist the council on American Indian health in developing and updating those elements of the state American Indian health plan under
s. 46.35 (2) (a) that relate to the recruitment and training of health care providers and to research regarding health issues of American Indians.
36.25(35m)
(35m) Herbarium. The board shall maintain an herbarium at the University of Wisconsin-Madison to be known as the "Wisconsin State Herbarium".
36.25(36)
(36) Higher education location program. The board shall maintain in the extension a higher education location program to provide information on undergraduate admission requirements, degree programs, enrollment, student financial aid, student housing and admission forms.
36.25(37)
(37) Area health education center. The board shall maintain at the University of Wisconsin-Madison an area health education center to support community-based primary care training programs.
36.25 History
History: 1973 c. 333 ss.
68,
201f (2);
1973 c. 335;
1975 c. 39,
339,
408 Supp.;
1975 c. 430 s.
80;
1977 c. 26,
29;
1977 c. 418 ss.
271 to
273,
924 (18) (e), (50);
1977 c. 422;
1977 c. 447 s.
206;
1979 c. 34;
1979 c. 90 s.
23;
1979 c. 177;
1981 c. 20,
93,
237,
314,
346;
1983 a. 27,
387,
524;
1983 a. 538 s.
271;
1985 a. 29;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1);
1987 a. 27,
186,
399,
403;
1989 a. 31,
56,
249,
299,
325,
335,
353,
359;
1991 a. 32,
39,
167,
269;
1993 a. 16,
27,
399,
455;
1995 a. 27 ss.
1767 to
1775k,
9116 (5),
9126 (19),
9145 (1);
1995 a. 54,
101,
216,
225,
227,
378,
404,
417.
36.27(1)(1)
Board of regents to establish. 36.27(1)(a)(a) Subject to
par. (c), the board may establish for different classes of students differing tuition and fees incidental to enrollment in educational programs or use of facilities in the system. Except as otherwise provided in this section, the board may charge any student who is not exempted by this section a nonresident tuition. The board may establish special rates of tuition and fees for the extension and summer sessions and such other studies or courses of instruction as the board deems advisable.
36.27(1)(c)
(c) The board may not charge a student registered as a master's level business school student prior to the first semester of the 1989-90 academic year higher fees than other graduate students at the same institution.
36.27(2)
(2) Nonresident tuition exceptions. 36.27(2)(a)(a) Students qualifying under any of the following categories, while they continue to be residents of this state, are entitled to exemption from nonresident tuition but not from incidental or other fees:
36.27(2)(a)1.
1. Any adult student who has been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such student registers at a university or center.
36.27(2)(a)2.
2. Any minor student, if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center.
36.27(2)(a)3.
3. Any adult student who is a dependent of his or her parents under
26 USC 152 (a), if one or both of the student's parents have been bona fide residents of this state for at least 12 months next preceding the beginning of any semester or session for which the student registers at a university or center.
36.27(2)(a)4.
4. Any minor student who has resided substantially in this state during the years of minority and at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center.
36.27(2)(a)5.
5. Any minor student under guardianship in this state pursuant to
ch. 48 or
880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at a university or center.
36.27(2)(a)6.
6. Any adult student who has been employed as a migrant worker for at least 2 months each year for 3 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center, or for at least 3 months each year for 2 of the 5 years next preceding the beginning of any semester or session for which the student registers at a university or center, any adult student whose parent or legal guardian has been so employed while the student was a minor and any minor student whose parent or legal guardian has been so employed. In this subdivision, "migrant worker" has the meaning specified in
s. 103.90 (5).
36.27(2)(am)
(am) Any person who is a refugee, as defined under
8 USC 1101 (a) (42), who moved to this state immediately upon arrival in the United States and who has resided in this state continuously since then is entitled to the exemption under
par. (a) if he or she demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under
par. (e).
36.27(2)(b)1.1. Nonresident members of the armed forces and persons engaged in alternative service who are stationed in this state on active duty and their spouses and children are entitled to the exemption under
par. (a) during the period that such persons are stationed in this state.
36.27(2)(b)2.
2. Members of the armed forces who reside in this state and are stationed at a federal military installation located within 90 miles of the borders of this state, and their spouses and children, are entitled to the exemption under
par. (a).
36.27(2)(c)
(c) Any student who is a graduate of a Wisconsin high school and whose parents are bona fide residents of this state for 12 months next preceding the beginning of any semester or session for which the student registers at a university or center or whose last surviving parent was a bona fide resident of this state for the 12 months preceding death is entitled to the exemption under
par. (a).
36.27(2)(cm)
(cm) Any person continuously employed full time in this state, who was relocated to this state by his or her current employer or who moved to this state for employment purposes and accepted his or her current employment before applying for admission to an institution or center and before moving, and the spouse and dependents of any such person, are entitled to the exemption under
par. (a) if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin according to the criteria under
par. (e). In this paragraph, "dependents" has the meaning given in
26 USC 152 (a).
36.27(2)(d)
(d) Any person who has not been a bona fide resident of the state for 12 months next preceding the beginning of any semester or session for which such person registers at a university or center, except as provided in this subsection, is not exempt from the payment of the nonresident tuition.
36.27(2)(e)
(e) In determining bona fide residence at the time of the beginning of any semester or session and for the preceding 12 months the intent of the person to establish and maintain a permanent home in Wisconsin is determinative. In addition to representations by the student, intent may be demonstrated or disproved by factors including, but not limited to, timely filing of a Wisconsin income tax return of a type that only full-year Wisconsin residents may file, voter registration in Wisconsin, motor vehicle registration in Wisconsin, possession of a Wisconsin operator's license, place of employment, self-support, involvement in community activities in Wisconsin, physical presence in Wisconsin for at least 12 months preceding the beginning of the semester or session for which the student registers, and, if the student is not a U.S. citizen, possession of a visa that permits indefinite residence in the United States. Notwithstanding
par. (a), a student who enters and remains in this state principally to obtain an education is presumed to continue to reside outside this state and such presumption continues in effect until rebutted by clear and convincing evidence of bona fide residence.
36.27(2m)
(2m) Appeals. Any body designated by the board to determine nonresident tuition exemptions under
sub. (2) may require a student who has been granted such an exemption to submit information from which the body may determine the student's eligibility for the exemption, the student's eligibility for a different exemption or the student's residency status.
36.27(3)
(3) Tuition remissions. Within the limits established by
s. 20.285 (2) (d), the board may remit nonresident tuition either in whole or in part at each institution, but not other fees:
36.27(3)(a)
(a) To a number of needy and worthy nonresident students upon the basis of merit, to be shown by suitable tests, examinations or scholastic records and continued high standards of scholastic attainment. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 8% of the number of nonresident students registered at that institution in the preceding year, excluding those students participating in interstate agreements under
s. 39.42.
36.27(3)(b)
(b) To additional individual students who, in the judgment of the board, are deserving of relief from the assessment of nonresident tuition because of extraordinary circumstances. The aggregate amount of these nonresident remissions of tuition shall not exceed an amount equal to full remissions for 2% of the number of nonresident students registered in the preceding year, excluding those students participating in interstate agreements under
s. 39.42.
36.27(3)(c)
(c) The board may remit nonresident tuition, in whole or in part, but no other fees, except in special circumstances as approved by the chancellor, to worthy and needy foreign students and to students who are United States citizens but whose residence is not in the United States. The number of such remissions which may be awarded in any academic year at an institution shall not exceed 2% of the total full-time enrollment of students at that institution for the preceding academic year.
36.27(3)(f)
(f) In addition to the remissions of nonresident tuition under this subsection, the board may, as athletic scholarships, grant full remission of fees and nonresident tuition, up to the maximum number allowed by the appropriate athletic conference as recommended by the chancellor of each university.
36.27(3)(g)
(g) The board may remit nonresident tuition, in whole or part, to graduate students who are fellows or who are employed within the system as faculty, instructional academic staff or assistants with an appointment equal to at least 33% of a full-time equivalent position.
36.27(3m)(a)1m.
1m. "Fire fighter" means any person employed by this state or any political subdivision of this state as a member or officer of a fire department whose duties include fire fighting or fire fighting training or a member of a volunteer fire department whose duties include fire fighting or fire fighting training.
36.27(3m)(b)
(b) The board shall grant full remission of fees to any resident undergraduate student who is enrolled in a bachelor's degree program and who is the child of a correctional officer, fire fighter or law enforcement officer who was killed in the line of duty in this state. The student must be the child of a correctional officer, fire fighter or law enforcement officer who was so killed when the child was under the age of 21 or before the child was born.
36.27(3m)(c)
(c) The fee remission under
par. (b) shall remain in effect until completion of a sufficient number of credits to be awarded a bachelor's degree in the student's major field of study, except that a student must be in good academic standing to receive the remission for the next semester and may not receive a remission for more than 5 consecutive years.
36.27(3m)(d)
(d) If the appropriation under
s. 20.285 (1) (bm) in any fiscal year is insufficient to fully fund the fee remissions under
par. (b), the board shall notify the joint committee on finance.
36.27(4)(a)(a) In the 1993-94 to 1996-97 academic years, the board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 200 students enrolled at the University of Wisconsin-Parkside as juniors or seniors in programs identified by that institution as having surplus capacity and up to 150 students enrolled at the University of Wisconsin-Superior in programs identified by that institution as having surplus capacity.
36.27(4)(b)
(b) A student who received an exemption from nonresident tuition under
1987 Wisconsin Act 27, section 3054 (2g) (a) during the 1987-88 and 1988-89 academic years, or who receives an exemption from nonresident tuition under
par. (a), shall continue to receive an exemption from nonresident tuition until the completion of his or her degree program.
36.27(4)(c)
(c) The board shall charge a student who is exempt from nonresident tuition under
par. (a) an amount equal to the higher of the following:
36.27(4)(c)1.
1. The resident tuition charged at the institution in which the student is enrolled.
36.27(4)(c)2.
2. The resident tuition charged by the public university system of the student's state of residence at the institution that grants a bachelor's or higher degree and that is closest to the student's permanent residence.
36.27(4)(cm)
(cm) The board shall deposit in the general fund as general purpose revenue — earned all tuition revenues paid under
par. (c) 2. that exceed the amount described under
par. (c) 1.
36.27(4)(d)
(d) The University of Wisconsin-Parkside and the University of Wisconsin-Superior shall give preference in admissions to residents of this state over nonresidents who would be exempt from nonresident tuition under
par. (a).
36.27(4)(e)
(e) Annually by August 1, the board shall submit to the secretary of administration for his or her approval the proposed tuition level for each student who is exempt from nonresident tuition under
par. (a).
36.27 History
History: 1973 c. 333 ss.
68g,
68k,
201f (2);
1973 c. 335;
1975 c. 39,
199;
1977 c. 29;
1981 c. 20;
1983 a. 407;
1985 a. 51,
192;
1987 a. 399;
1989 a. 31 ss.
709p to
710,
2908;
1989 a. 67,
181,
359;
1991 a. 39,
168,
169;
1993 a. 16;
1995 a. 27,
228.
36.27 Annotation
A student who challenges his nonresident status unsuccessfully must reapply before the beginning of any new semester when he claims his status has changed. Hancock v. Regents of University of Wis. 61 W (2d) 484, 213 NW (2d) 45.
36.27 Annotation
The board of regents may only charge student fees for activities that relate to a legitimate educational purpose. 61 Atty. Gen. 120.
36.28
36.28
Medical school enrollment. Beginning with the class entering the University of Wisconsin medical school in the 1984-85 academic year, and ending with the class entering the University of Wisconsin medical school in the 1987-88 academic year, the board shall reduce the size of the class by 2.5% each year as compared with the size of the class entering the medical school in the 1983-84 academic year, so as to ensure a 10% total reduction by the 1987-88 academic year. The board shall make every effort to ensure that the number of minority students enrolled at the medical school shall not be decreased as a result of the reduction in class size, including, if necessary, adjusting the proportion of nonresident enrollment.
36.28 History
History: 1983 a. 27.
36.29
36.29
Gifts; golf course. 36.29(1)(1) All gifts, grants and bequests for the benefit or advantage of the system or any of its institutions, departments or facilities or to provide any means of instruction, illustration or knowledge in connection therewith, whether made to trustees or otherwise, shall be valid notwithstanding any other provision of this chapter except as otherwise provided in this subsection and shall be executed and enforced according to the provisions of the instrument making the same, including all provisions and directions in any such instrument for accumulation of the income of any fund or rents and profits of any real estate without being subject to the limitations and restrictions provided by law in other cases; but no such income accumulation shall be allowed to produce a fund more than 20 times as great as that originally given. When such gifts, grants or bequests include common stocks or other investments which are not authorized by
ch. 881, the board may continue to hold such common stocks or other investments and exchange, invest or reinvest the funds of such gift, grant or bequest in similar types of investments without being subject to the limitations and restrictions provided by law in other cases. No such investment shall knowingly be made in any company, corporation, subsidiary or affiliate which practices or condones through its actions discrimination on the basis of race, religion, color, creed or sex. Except as otherwise provided in this section, the board may invest not to exceed 85% of trust funds held and administered by the board in common stocks, the limitation of 50% in
s. 881.01 (2) to the contrary notwithstanding. This subsection does not apply to a gift, grant or bequest that the board declines to accept or that the board is not authorized to accept under this section.
36.29(2)
(2) All gifts, grants or bequests under
sub. (1) may be made to the board, the president, a chancellor or any officer, or to any person as trustee, or may be charged upon any executor, trustee, heir, devisee or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the system or any of its institutions, colleges, schools, departments or facilities to provide any means of instruction, illustration or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel or mental or physical improvement in any manner connected with the system, or to provide for the voluntary retirement of any of the faculty.
36.29(3)
(3) It shall not be necessary for a gift, grant, devise or bequest to exactly or particularly describe the members of a class or group of students intended to be the beneficiaries, but it shall be sufficient to describe the class or group. In such case, the board shall divide, graduate or otherwise categorize the students into such classes or groups as are necessary to select and determine those students belonging to the class or group intended.
36.29(4)
(4) Any grant, contract, gift, endowment, trust or segregated funds bequeathed or assigned to an institution or its component parts for any purpose whatsoever shall not be commingled or reassigned.
36.29(5)(a)(a) Except as provided in
par. (b), the board may not acquire or make a commitment to operate any golf course not owned by the board prior to July 2, 1983, without specific authorization by the legislature.
36.29(5)(b)
(b) Notwithstanding
s. 20.924 (1), the board may accept a gift of a golf course for the University of Wisconsin-Madison if no general purpose revenues are used in the acquisition, development or operation of that golf course.
