36.27(2)(cr)
(cr) A person who is a citizen of a country other than the United States is entitled to the exemption under
par. (a) if that person meets all of the following requirements:
36.27(2)(cr)1.
1. The person graduated from a high school in this state or received a declaration of equivalency of high school graduation from this state.
36.27(2)(cr)2.
2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.
36.27(2)(cr)3.
3. The person enrolls in an institution and provides that institution with proof that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
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 an institution, 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 Cross-reference
Cross-reference: See also ch.
UWS 20, Wis. adm. code.
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.
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.
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.
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 shall remit nonresident tuition and fees, in whole or part, to resident and nonresident 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 any of the following:
36.27(3m)(b)1.
1. The child of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was killed in the line of duty in this state or who qualified for a duty disability benefit, as defined in
s. 40.65 (4), under the Wisconsin Retirement System, the Employees' Retirement System of the city of Milwaukee, or the Milwaukee County Employee's Retirement System and died as a result of the qualifying disability. The student must be the child of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was so killed or who died as a result of the qualifying disability when the child was under the age of 21 or before the child was born.
36.27(3m)(b)2.
2. The surviving spouse of an ambulance driver, correctional officer, fire fighter, emergency medical services technician or law enforcement officer who was killed in the line of duty in this state or who qualified for a duty disability benefit, as defined in
s. 40.65 (4), under the Wisconsin Retirement System, the Employees' Retirement System of the city of Milwaukee, or the Milwaukee County Employee's Retirement System and died as a result of the qualifying disability.
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(3n)
(3n) Fee remission for spouse, surviving spouse, and children of certain veterans. 36.27(3n)(a)(a) In this subsection, "eligible veteran" means a person verified by the department of veterans affairs to be either of the following:
36.27(3n)(a)1.
1. A person who has served on active duty under honorable conditions in the U.S. armed forces, in forces incorporated as part of the U.S. armed forces, in the national guard, or in a reserve component of the U.S. armed forces; who was a resident of this state at the time of entry into that service; and who, while a resident of this state, died on active duty, died as the result of a service-connected disability, or died in the line of duty while on active or inactive duty for training purposes.
36.27(3n)(a)2.
2. A person who was a resident of this state at the time of entry into service described in
subd. 1. and who the U.S. department of veteran affairs has awarded at least a 30 percent service-connected disability rating under
38 USC 1114 or
1134.
36.27(3n)(b)
(b) Except as provided in
subds. 1. to
3. and
par. (bg), the board shall grant full remission of academic fees and segregated fees for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees under
s. 38.24 (7) and less the amount of any academic fees or segregated fees paid under
38 USC 3319, to any resident student who is also any of the following:
36.27(3n)(b)1.
1. A spouse of an eligible veteran. The remission under this subdivision applies only during the first 10 years after the eligible veteran received the service-connected disability rating.
36.27(3n)(b)2.
2. Except as provided in
subd. 2m., an unremarried surviving spouse of an eligible veteran. The remission under this subdivision applies only during the first 10 years after the veteran died.
36.27(3n)(b)2m.
2m. An unremarried surviving spouse of an eligible veteran who had a child with the eligible veteran. The remission under this subdivision applies only until 10 years after the youngest child that the spouse had with the eligible veteran reaches or would have reached 18 years of age, or during the first 10 years after the veteran died, whichever is longer.
36.27(3n)(b)3.
3. A child of an eligible veteran, if the child is at least 17 but not yet 26 years of age.
36.27(3n)(bg)
(bg) Before the Board of Regents may grant a remission of academic fees and segregated fees under
par. (b), the Board of Regents shall require the resident student to apply to the payment of those fees all educational assistance to which the resident student is entitled under
38 USC 3319. This requirement applies notwithstanding the fact that the resident student may be entitled to educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 as well as under
38 USC 3319, unless the resident student has 12 months or less of eligibility remaining for educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566.
36.27(3n)(bm)1.1. For a resident student who is entitled to educational assistance under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 and under
38 USC 3319, if the amount of educational assistance, not including educational assistance for tuition, to which the resident student is entitled under
10 USC 16132a,
10 USC 16163a, or
38 USC 3500 to
3566 is greater than the amount of educational assistance, not including educational assistance for tuition, that the resident student received under
38 USC 3319, as determined by the higher educational aids board, in the academic year the higher educational aids board shall reimburse the resident student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under
s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.
36.27(3n)(bm)2.
2. If in any fiscal year there are insufficient moneys available in the appropriation account under
s. 20.235 (1) (fz) to provide full reimbursement under
subd. 1. to all resident students who are eligible for that reimbursement, the higher educational aids board and the Board of Regents shall reimburse those resident students as provided in
s. 39.50 (4).
36.27(3n)(c)
(c) The higher educational aids board shall reimburse the board of regents for all academic fees and segregated fees remitted under
par. (b) as provided in
s. 39.50 (1) and
(3m).
36.27(3p)(a)(a) In this subsection, "veteran" means a person who is verified by the department of veterans affairs as being a resident of this state for purposes of receiving benefits under
ch. 45, as being a resident at the time of his or her entry into the U.S. armed forces or forces incorporated in the U.S. armed forces, and as meeting any of the following conditions:
36.27(3p)(a)1.
1. The person has served on active duty for at least one qualifying term of service under
subds. 2. to
4. under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces during a war period or in a crisis zone.
36.27(3p)(a)2.
2. The person has served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces under honorable conditions, for 2 continuous years or more or for the full period of his or her initial service obligation, whichever is less.
36.27(3p)(a)3.
3. The person has served on active duty for 90 days or more under honorable conditions in the U.S. armed forces or in forces incorporated in the U.S. armed forces during a war period or for any period of service under section 1 of
executive order 10957 dated August 10, 1961.
36.27(3p)(a)4.
4. The term of service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces under honorable conditions entitled the person to receive the Armed Forces Expeditionary Medal, established by
executive order 10977 on December 4, 1961, the Vietnam Service Medal established by
executive order 11231 on July 8, 1965, the Navy Expeditionary Medal, the Marine Corps Expeditionary Medal, or an equivalent expeditionary or service medal.
36.27(3p)(a)5.
5. The person was honorably discharged from the U.S. armed forces or from forces incorporated in the U.S. armed forces for a service-connected disability, for a disability subsequently adjudicated to have been service connected, or for reasons of hardship.
36.27(3p)(a)6.
6. The person was released under honorable conditions from the U.S. armed forces or from forces incorporated in the U.S. armed forces due to a reduction in the U.S. armed forces.
36.27(3p)(b)
(b) Except as provided in
par. (bg), the board shall grant full remission of nonresident tuition, academic fees, and segregated fees charged for 128 credits or 8 semesters, whichever is longer, less the number of credits or semesters for which the person received remission of fees under
s. 38.24 (8) and less the amount of any academic fees or segregated fees paid under
10 USC 2107 (c),
38 USC 3104 (a) (7) (A), or
38 USC 3313, to any student who is a veteran.
36.27(3p)(bg)
(bg) Before the Board of Regents may grant a remission of nonresident tuition, academic fees, and segregated fees under
par. (b), the board shall require the student to apply to the payment of that tuition and those fees all educational assistance to which the student is entitled under
38 USC 3313. This requirement applies notwithstanding the fact that the student may be entitled to educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 as well as under
38 USC 3313, unless the student has 12 months or less of eligibility remaining for educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036.
36.27(3p)(bm)1.1. For a student who is entitled to educational assistance under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 and under
38 USC 3313, if the amount of educational assistance, not including educational assistance for tuition, to which the student is entitled under
10 USC 16131 to
16137,
10 USC 16161 to
16166, or
38 USC 3001 to
3036 is greater than the amount of educational assistance, not including educational assistance for tuition, that the student received under
38 USC 3313, as determined by the higher educational aids board, in the academic year the higher educational aids board shall reimburse the student for the difference in those amounts of educational assistance, as calculated by the higher educational aids board, from the appropriation account under
s. 20.235 (1) (fz). The higher educational aids board shall make that determination and calculation in consultation with the Board of Regents.
36.27(3p)(bm)2.
2. If in any fiscal year there are insufficient moneys available in the appropriation account under
s. 20.235 (1) (fz) to provide full reimbursement under
subd. 1. to all students who are eligible for that reimbursement, the higher educational aids board and the Board of Regents shall reimburse those students as provided in
s. 39.50 (4).
36.27(3p)(c)
(c) The higher educational aids board shall reimburse the board of regents for all nonresident tuition, academic fees, and segregated fees remitted under
par. (b) as provided in
s. 39.50 (1) and
(3m).
36.27(3r)
(3r) Fee remissions for funeral assistants. The board shall grant a $25 remission of nonresident tuition or academic fees to any student enrolled in the system as an undergraduate for each valid voucher issued to the student under
s. 45.60 (3).
36.27(4)(a)(a) The board may annually exempt from nonresident tuition, but not from incidental or other fees, up to 300 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 225 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)(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(5)(a)(a) In this subsection, "state funds" means the total amount of general purpose revenue appropriated under
s. 20.285 in any fiscal year.
36.27(5)(b)1.1. The board shall ensure that every student's bill for academic fees or nonresident tuition includes the following statement: "The legislature and the governor have authorized $.... in state funds for the University of Wisconsin System during the .... academic year. This amount represents an average subsidy of $.... from the taxpayers of Wisconsin for each student enrolled in the University of Wisconsin System."
36.27(5)(b)2.
2. The board shall calculate the average subsidy for the purpose of the fee statement under
subd. 1. by dividing state funds in the appropriate fiscal year by the number of full-time equivalent students enrolled in the system in the most recent fall semester.
36.27(5)(d)1.1. The board shall ensure that the segregated fees applicable at each institution and college campus are posted on the Internet Web site of the institution or college campus. The board shall also ensure that detailed information on the organizations and activities for which allocable segregated fees are expended at each institution and college campus are posted on the Internet Web site of the institution or college campus.
36.27(5)(d)2.
2. The board shall ensure that each student's bill for academic fees or nonresident tuition for a semester or session includes each of the following:
36.27(5)(d)2.a.
a. The total amount of academic fees or nonresident tuition assessed on the student, which shall be listed separately from the amount specified in
subd. 2. b.
36.27(5)(d)2.b.
b. The total amount of segregated fees assessed on the student, which shall be listed separately from the amount specified in
subd. 2. a.
36.27(5)(d)2.c.
c. The Internet Web site address specified in
subd. 1. for the institution or college campus at which the student is enrolled.
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;
1997 a. 27,
163,
237;
1999 a. 9,
130,
154,
186;
2001 a. 16,
38;
2003 a. 33 ss.
936,
9160;
2003 a. 42,
185,
320;
2005 a. 22,
25,
320,
387,
404,
468;
2007 a. 20,
130;
2009 a. 28.
36.27 Annotation
A student who challenges his or her nonresident status unsuccessfully must reapply before the beginning of any new semester when he or she claims that status has changed. Hancock v. Regents of UW,
61 Wis. 2d 484,
213 N.W.2d 45 (1973).
36.27 Annotation
The 11th Amendment to the U.S. constitution, which bars private litigants' suits against nonconsenting states in federal courts barred a nonresident student's action asserting that the University violated his constitutional rights to equal protection by charging him out-of-state tuition. Joseph v. Board of Regents of the University of Wisconsin System.,
432 F.3d 746 (2005).
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. No investment of the funds of such gifts, grants, or bequests shall knowingly be made in any company, corporation, subsidiary, or affiliate that 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. 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 personal representative, 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.
36.29(6)
(6) The board may not accept any gift, grant or bequest of real property with a value in excess of $30,000 except as provided in
s. 13.48 (2) (b) 1m.
36.29(7)
(7) The board may not accept any gift, grant or bequest of a building or structure that is constructed for the benefit of the system or any institution unless acceptance is first approved by the building commission, or unless the plans and specifications for the building or structure are reviewed and approved by the department of administration and the building or structure is inspected as provided in
s. 16.85 (12).
36.29 Annotation
The university cannot accept trust funds that are for an unlawful purpose, and the expenditure of trust funds must comply with special and general laws. Execution of a trust, whether restricted or unrestricted funds are involved, must be in a lawful manner not in conflict with other express statutes. 62 Atty. Gen. 4.
36.29 Annotation
Student loan funds established by gift for the benefit of students are trust funds. 62 Atty. Gen. 109.
36.29 Annotation
Sub. (1), which prohibits investment of university funds in companies that practice or condone discrimination, is not unconstitutional. 67 Atty. Gen. 20.
36.29 Annotation
Constitutionality of the no discrimination clause regulating University of Wisconsin investments. Guynn, 1978 WLR 1059.
36.30
36.30
Sick leave. Leave of absence for persons holding positions under
s. 20.923 (4g) and
(5), faculty and academic staff personnel with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.
