39.435
39.435
Wisconsin higher education grants and talent incentive grants. 39.435(1)(1) There is established, to be administered by the board, 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 or in tribally controlled colleges in this state. Except as authorized under
sub. (5), such grants shall be made only to students enrolled in nonprofit public institutions or tribally controlled colleges in this state.
39.435(2)
(2) The board 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 may not award a grant to the same student for more than 10 consecutive semesters or their equivalent. The board 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 $2,500 during any one academic year. The board shall, by rule, establish a reporting system to periodically provide student economic data and shall promulgate other rules the board deems necessary to assure uniform administration of the program.
39.435(4)(a)(a) The board shall award grants under this section based on a formula that accounts for expected parental and student contributions and is consistent with generally accepted definitions and nationally approved needs analysis methodology.
39.435(4)(d)
(d) The awarding of grants under this section is subject to any formula approved or modified by the board under
s. 39.285 (1).
39.435(5)
(5) The board 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. In determining the financial need of these students special consideration shall be given to their unique and unusual costs.
39.435(6)
(6) The board may not make a grant under this section to a person whose name appears on the statewide support lien docket under
s. 49.854 (2) (b), unless the person provides to the board a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
39.435(7)(a)1.
1. For purposes of determining the appropriation under
s. 20.235 (1) (fe) for fiscal year 2005-06, "base amount" means the amount shown in the schedule under
s. 20.005 for that appropriation for fiscal year 2004-05.
39.435(7)(a)2.
2. For purposes of determining the appropriation under
s. 20.235 (1) (fe) for each fiscal year after fiscal year 2005-06, "base amount" means the maximum appropriation amount determined under
par. (b) for the previous fiscal year.
39.435(7)(b)
(b) Annually, beginning on February 1, 2005, the board shall determine the appropriation under
s. 20.235 (1) (fe) for the next fiscal year as follows:
39.435(7)(b)1.
1. The board shall determine the percentage by which the undergraduate academic fees charged for the current academic year at each institution within the University of Wisconsin System has increased or decreased from the undergraduate academic fees charged for the previous academic year.
39.435(7)(b)2.
2. The appropriation for the next fiscal year shall be the result obtained by increasing, to the nearest $100, the base amount by the highest percentage increase determined under
subd. 1., except that, if the undergraduate academic fees for the current academic year decreased or did not change from the undergraduate academic fees charged for the previous academic year at each institution specified in
subd. 1., the appropriation shall be the base amount.
39.435(8)
(8) The board shall award grants under this section to University of Wisconsin System students from the appropriations under
s. 20.235 (1) (fe) and
(ke).
39.435 Cross-reference
Cross Reference: See also ch.
HEA 5, Wis. adm. code.
39.44
39.44
Minority undergraduate grants. 39.44(1)(a)(a) In this section "minority undergraduate" means an undergraduate student who:
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 board, 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. The board 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 board that such funds do not replace institutional grants to the recipients.
39.44(3)(c)
(c) Annually report to the board 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 board shall notify an institution or school receiving funds under
sub. (2) if a student's name appears on the statewide support lien docket under
s. 49.854 (2) (b). 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, unless the student provides to the institution or school a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
39.44(5)
(5) By November 1, 2001, and annually thereafter, the board shall report to the department of administration on the effectiveness of the program under this section.
39.44 Cross-reference
Cross Reference: See also ch.
HEA 12, Wis. adm. code.
39.45
39.45
Independent student grants. 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(2)
(2) There is established, to be determined by the board, 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 board, 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, 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 board 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 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 board 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, financial need for the supplemental grant. In awarding grants under this subsection, the board 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 board 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 board 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 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(8)
(8) No student is eligible for an original grant under this section after the 1996-97 academic year.
39.45 Cross-reference
Cross Reference: See also ch.
HEA 10, Wis. adm. code.
39.46
39.46
Contract for dental education. 39.46(1)
(1) On or before July 1 of each year, the board shall initiate, investigate and formulate for procurement, a contract for dental education services in accordance with this section. Thereafter, the board 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 board 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)(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 installments upon submission of installment 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 board, 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, 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 may not exceed the higher of the resident tuition that would be charged the student at the public institution of higher education in which the student is enrolled or the resident tuition that would be charged the student at comparable public institutions of higher education located in his or her state of residence, as specified in the annual administrative memorandum under
sub. (2g). The agreement shall take effect on July 1, 1998. The agreement is subject to the approval of the joint committee on finance under
s. 39.42.
39.47(2g)
(2g) Prior to each academic year, the board and the designated body representing the state of Minnesota shall prepare an administrative memorandum that establishes policies and procedures for implementation of the agreement for the upcoming academic year, including a description of how the reciprocal fee structure shall be determined for purposes of
sub. (2), and the board shall submit the administrative memorandum to the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the administrative memorandum within 14 working days after the date of the submittal, the administrative memorandum may be implemented as proposed by the board. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the administrative memorandum, the administrative memorandum may be implemented only upon approval of the committee.
39.47(2m)
(2m) No resident of this state whose name appears on the statewide support lien docket under
s. 49.854 (2) (b) may receive a waiver of nonresident tuition under this section, unless the resident provides to the board a payment agreement that has been approved by the county child support agency under
s. 59.53 (5) and that is consistent with rules promulgated under
s. 49.858 (2) (a).
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.
39.48
39.48
Armed forces. If a student who is a resident of Wisconsin and a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from a private nonprofit college or university located in this state after September 11, 2001, because he or she is called into state active duty under
ch. 21 or into active service with the U.S. armed forces for at least 30 days, the college or university shall, at the student's request, grant the student an incomplete in all the courses and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.
39.48 History
History: 2001 a. 22;
2003 a. 69.
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)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).
