39.41(5)(a)(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 department by October 1 prior to the academic year in which the institution wishes to participate.
39.41(5)(b) (b) Each designated scholar who is eligible for a higher education scholarship under sub. (2) (a) or (3) (a) shall notify the department as soon as practicable of the institution of higher education he or she will be attending in the next academic year.
39.41(5)(c) (c) Annually, the 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.
39.41(6) (6) A scholarship under this section shall not be used to replace any other grant for which a student is eligible.
39.41(7) (7) By August 1, 1993, and annually thereafter, the 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.
39.41(8) (8) The secretary shall promulgate rules establishing criteria for the designation of scholars under sub. (1m) (c) 3.
39.41 History History: 1989 a. 31; 1991 a. 39, 269, 315; 1993 a. 16, 399, 457; 1995 a. 27.
39.42 39.42 Interstate agreements. The 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 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.
39.435 39.435 Wisconsin higher education grants and talent incentive grants.
39.435(1)(1) There is established, to be administered by the 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.
39.435(2) (2) The 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 department may not award a grant to the same student for more than 10 consecutive semesters or their equivalent. The department shall promulgate rules establishing eligibility criteria for grants under this subsection.
39.435(3) (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 department shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the department deems necessary to assure uniform administration of the program.
39.435(4) (4)
39.435(4)(a)(a) The 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.
39.435(4)(b) (b) Grants paid to dependent students under this section shall be determined as follows:
39.435(4)(b)1. 1. Annually, the department shall establish equity award levels for students enrolled in the university of Wisconsin system and for students enrolled in technical colleges.
39.435(4)(b)2. 2. From the equity levels established under subd. 1., the department shall subtract the amount of the expected parental contribution and the expected student contribution to determine the amount of the student's grant.
39.435(4)(c) (c) Grants paid to independent students shall be determined by the department consistent with the rules and procedures under pars. (a) and (b).
39.435(4)(d) (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).
39.435(5) (5) The 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 department. In determining the financial need of these students special consideration shall be given to their unique and unusual costs.
39.435(6) (6) The department may not make a grant under this section to a person if the department receives a certification under s. 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
39.44 39.44 Minority undergraduate grants.
39.44(1) (1)
39.44(1)(a)(a) In this section "minority undergraduate" means an undergraduate student who:
39.44(1)(a)1. 1. Is a Black American.
39.44(1)(a)2. 2. Is an American Indian.
39.44(1)(a)3. 3. Is a Hispanic, as defined in s. 560.036 (1) (d).
39.44(1)(a)4. 4. Is a person who is admitted to the United States after December 31, 1975, and who either is a former citizen of Laos, Vietnam or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam or Cambodia.
39.44(1)(b) (b) There is established, to be administered by the 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.
39.44(2) (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 27, section 9127 (1et). The department shall audit the enrollment statistics annually.
39.44(3) (3) An institution or school receiving funds under sub. (2) shall:
39.44(3)(a) (a) Award grants to eligible students on the basis of financial need.
39.44(3)(b) (b) Demonstrate to the satisfaction of the department that such funds do not replace institutional grants to the recipients.
39.44(3)(c) (c) Annually report to the 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.
39.44(4) (4) The department shall notify an institution or school receiving funds under sub. (2) if the department receives a certification under s. 49.855 (7) that a student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. 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.
39.44 History History: 1985 a. 29; 1987 a. 27; 1993 a. 399; 1995 a. 27, 404.
39.45 39.45 Independent student grants.
39.45(1) (1) In this section:
39.45(1)(a) (a) "Institution of higher education" means a public or private nonprofit educational institution meeting the requirements of s. 39.30 or 39.435 for the purpose of awarding grants under those sections.
39.45(1)(b) (b) "Resident student" has the meaning specified in s. 39.30 (1) (e).
39.45(2) (2) There is established, to be determined by the department, a grant program for resident students who are current recipients of aid to families with dependent children under s. 49.19.
39.45(3) (3) Grants under this section shall be awarded on the basis of financial need, as determined by the 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 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.
39.45(4) (4) The 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 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.
39.45(5) (5) The 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 department, financial need for the supplemental grant. In awarding grants under this subsection, the department may not exceed 20% of the appropriation for a given fiscal year for the grant program.
39.45(6) (6) From the appropriation under s. 20.235 (1) (fc), the 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.
39.45(7) (7) The 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 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.
39.45 History History: 1989 a. 336; 1995 a. 27.
39.46 39.46 Contract for dental education.
39.46(1) (1) On or before July 1 of each year, the department shall initiate, investigate and formulate for procurement, a contract for dental education services in accordance with this section. Thereafter, the 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.
39.46(2) (2) The contract under this section shall be between this state and a private nonprofit institution of higher education in this state which operates a dental school that is accredited, as defined in s. 447.01 (1), and shall relate, in all provisions, exclusively to the providing of dental education in the dental school of such institution. The contract shall require:
39.46(2)(a) (a) That no courses of instruction in subject matters of a religious nature be included in any instructional program or curriculum administered in or by the dental school, and that no such courses be required for admission to or graduation from the dental school.
39.46(2)(b) (b) That applicants for admission to the dental school who are residents of this state be accorded preference over other applicants having substantially equal academic qualifications and credentials.
39.46(2)(c) (c) That for purposes of this section the nondiscrimination provisions of s. 16.765, expanded to prohibit discrimination on the basis of sex, be limited to apply only to the operation of the dental school and that no such prohibited discrimination be practiced with respect to admissions to the dental school.
39.46(2)(d) (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 department may rely on 3rd-party evaluations conducted by appropriate and recognized accrediting bodies.
39.46(2)(e) (e) That all sums to be received by the dental school under the contract be used exclusively in providing undergraduate education in dentistry.
39.46(2)(f) (f) That the dental school may not assess tuition for a Wisconsin resident enrolled at the school in an amount that exceeds the difference between the tuition assessed a nonresident student enrolled at the school and the amount specified to be disbursed under s. 20.235 (1) (d) for each Wisconsin resident enrolled at the school.
39.46(2)(g) (g) That the dental school make every effort to ensure that at least 5% of the total enrollment of the school consists of minority students.
39.46(3) (3)
39.46(3)(a)(a) In the contract under this section, the state shall agree, subject to availability of appropriations for such purpose, that it will pay to the dental school of the contracting institution, on account of its furnishing of such dental education, research and public service courses and programs, an amount for each resident of this state who is regularly enrolled as a full-time undergraduate student in dentistry in the school.
39.46(3)(b) (b) The state shall remit payments directly to the dental school of the contracting institution in monthly instalments upon submission of instalment bills or statements. The state shall audit these bills or statements semiannually.
39.46(4) (4) A student's qualification under this section as a resident of this state shall be determined in accordance with s. 36.27, so far as applicable. No amount may be computed based upon the enrollment of any student who is not a full-time dental student. The number of full-time resident students shall be determined 2 weeks following the late registration period each semester.
39.47 39.47 Minnesota-Wisconsin student reciprocity agreement.
39.47(1)(1) There is established, to be administered by the 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 department, representing this state, shall enter into an agreement meeting the requirements of this section with the designated body representing the state of Minnesota.
39.47(2) (2) The agreement under this section shall provide for the waiver of nonresident tuition for a resident of either state who is enrolled in a public vocational school located in the other state. The agreement shall also establish a reciprocal fee structure for residents of either state who are enrolled in public institutions of higher education, other than vocational schools, located in the other state. The reciprocal fee shall be the average academic fee that would be charged the student at a comparable public institution of higher education located in his or her state of residence, as specified in the agreement. The agreement shall take effect on July 1, 1991. The agreement shall provide for a biennial review of the costs, charges and payments associated with the agreement. The agreement is subject to the approval of the joint committee on finance under s. 39.42.
39.47(2m) (2m) No resident of this state may receive a waiver of nonresident tuition under this section if the department receives a certification under s. 49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
39.47(3) (3) Annually, each state shall determine the number of students for whom nonresident tuition has been waived under the agreement. Each state shall certify to the other state, in addition to the number of students so determined, the aggregate amount of its reimbursement obligation. The state with the smaller reimbursement obligation shall receive from the other state an amount determined by subtracting the reimbursement obligation of the state receiving the payment from the reimbursement obligation of the state making the payment. The agreement shall provide a reasonable date for payment of any such sums due and owing to either state, after which date interest may be charged on the amount owed. The methodology for determination of the appropriate interest rate shall be included in the agreement. Any payments received by this state under this subsection shall be deposited in the general fund.
subch. IV of ch. 39 SUBCHAPTER IV
EDUCATION COMPACTS
39.75 39.75 Compact for education. The compact for education is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein, in the form substantially as follows:
39.75(1) (1)Article I - Purpose and Policy.
39.75(1)(a)(a) It is the purpose of this compact to:
39.75(1)(a)1. 1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
39.75(1)(a)2. 2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
39.75(1)(a)3. 3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
39.75(1)(a)4. 4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
39.75(1)(b) (b) It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
39.75(1)(c) (c) The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
39.75(2) (2)Article II - State Defined. As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico.
39.75(3) (3)Article III - The Commission.
39.75(3)(a)(a) The education commission of the states, hereinafter called "the commission", is hereby established. The commission shall consist of 7 members representing each party state. One of such members shall be governor; 2 shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and 4 shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, 6 members shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
39.75(3)(b) (b) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to sub. (4) and adoption of the annual report pursuant to par. (j).
39.75(3)(c) (c) The commission shall have a seal.
39.75(3)(d) (d) The commission shall elect annually, from among its members, a chairperson, who shall be a governor, a vice chairperson and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
39.75(3)(e) (e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
39.75(3)(f) (f) The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of 2 or more of the party jurisdictions or their subdivisions.
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