Chapter 39

39.44(1)(a)3. 3. Is a Hispanic, as defined in s. 16.287 (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 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 percent distributed to the eligible private institutions and 50 percent 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 History History: 1985 a. 29; 1987 a. 27; 1993 a. 399; 1995 a. 27, 404; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2011 a. 32.

39.44 Cross-reference Cross-reference: See also ch. HEA 12, Wis. adm. code.

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 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 percent 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 History History: 1989 a. 336; 1995 a. 27; 1997 a. 27.

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). At the state auditor’s discretion or as the joint legislative audit committee directs, the legislative audit bureau shall 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 percent 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 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.

39.46 History History: 1973 c. 90; 1973 c. 335 s. 13; 1975 c. 39; 1977 c. 29; 1977 c. 196 s. 131; 1985 a. 29; 1989 a. 31, 349; 1995 a. 27; 1997 a. 27; 2013 a. 8.

39.465 39.465 Dentistry scholarship program.

39.465(1) (1) Definitions. In this section:

39.465(1)(a) (a) “Actual practice total” is the total number of months that a student upon graduation practices dentistry in a dental health shortage area in this state. For purposes of this paragraph, a fraction of a month is counted as one month.

39.465(1)(b) (b) “Dental health shortage area” has the meaning given in s. 36.60 (1) (ad), except that “dental health shortage area” does not include an area in the county of Brown, Dane, Kenosha, Milwaukee, or Waukesha.

39.465(1)(c) (c) “Repayment liability percentage” means the percentage that results from dividing the difference between a student’s required practice total and the student’s actual practice total by the student’s required practice total.

39.465(1)(d) (d) “Required practice total” means the total number of months a student upon graduation is required under sub. (3) to practice dentistry in a dental health shortage area in this state.

39.465(1)(e) (e) “School” means the Marquette University School of Dentistry.

39.465(2) (2) Scholarships. In consultation with the department of health services, the board shall establish a program for awarding to no more than 15 students at the school an annual scholarship, including a stipend, equal to $30,000 for each year of a student’s enrollment but not exceeding 4 years. The board shall pay the scholarships from the appropriation account under s. 20.235 (1) (dg). From the appropriation account under s. 20.235 (1) (dg), the board shall also provide the school $350,000 annually for the development and operation of programs to support the recruitment and training of students in rural dentistry.

39.465(3) (3) Eligibility; agreements.

39.465(3)(a) (a) A student is not eligible for a scholarship under the program established under sub. (2) unless he or she is a resident of the state and enters into an agreement with the board in which he or she agrees upon graduation to practice dentistry in a dental health shortage area in this state for a period equal to 18 months multiplied by the number of annual scholarships the board awards to the student under the program.

39.465(3)(b) (b) An agreement under par. (a) shall specify that if a student fails to practice dentistry in a dental health shortage area in this state for the period required under par. (a), he or she is liable to the state for an amount equal to the total dollar amount of annual scholarships awarded to the student multiplied by the student’s repayment liability percentage.

39.465(4) (4) Geographic diversity. In cooperation with the school, the board shall make every effort to ensure that students who are awarded scholarships under the program established under sub. (2) practice dentistry upon graduation in geographically diverse dental health shortage areas in this state.

39.465 History History: 2019 a. 9; 2023 a. 90.

39.47 39.47 Minnesota-Wisconsin public vocational school student reciprocity agreement.

39.47(1) (1) There is established, to be administered by the board, a Minnesota-Wisconsin public vocational school student reciprocity agreement. 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 fees for a resident of either state who is enrolled in a public vocational school located in the other state. The reciprocal fee may not exceed the higher of the resident fees that would be charged the student at the public vocational school in which the student is enrolled or the resident fees that would be charged the student at a comparable public vocational school located in his or her state of residence, as specified in the annual administrative memorandum under sub. (2g). 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) At the end of each semester or academic term, 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 larger reimbursement obligation shall pay as provided in the agreement an amount determined by subtracting the reimbursement obligation of the state with the smaller reimbursement obligation from the reimbursement obligation of the state with the larger reimbursement obligation. The agreement shall provide a reasonable date for payment of any such sums due and owing, 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.

39.47 History History: 1973 c. 90; 1977 c. 29; 1979 c. 221; 1983 a. 27; 1987 a. 27; 1989 a. 184; 1995 a. 27, 404; 1997 a. 27, 200; 1999 a. 9; 2007 a. 20; 2023 a. 104.

39.48 39.48 Armed forces. If a student who is 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, or from a school approved by the department of safety and professional services under s. 440.52 or the educational approval board under s. 38.50, 2015 stats., or authorized by the distance learning authorization board under s. 39.86, after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces, the college, university, or school shall do all of the following:

39.48(1) (1) Reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers.

39.48(1m) (1m) Give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period.

39.48(2m) (2m) At the student’s request, do one of the following for all courses from which the student had to withdraw:

39.48(2m)(a) (a) Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.

39.48(2m)(b) (b) Grant the student an incomplete in all of the courses from which the student had to withdraw 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(3) (3) Ensure that the student is provided a reasonable opportunity to complete final projects and final examinations for all courses in which the scheduled end date of the course is not more than 30 days after the date of the order calling the student into active duty or service unless such an accommodation cannot be reasonably made.

39.48 History History: 2001 a. 22; 2003 a. 69; 2005 a. 324, 470; 2019 a. 75.

39.49 39.49 Private institution grants for veterans and dependents.

39.49(1) (1) Definitions. In this section:

39.49(1)(a) (a) “Deceased or disabled veteran” means an eligible veteran, as defined in s. 36.27 (3n) (a) 1m., except that, for purposes of this section, the word institution in s. 36.27 (3n) (a) 1m. b. means private institution. In determining a person’s residence at the time of entry into service for purposes of this paragraph, the state from which the person entered service is irrelevant.

39.49(1)(b) (b) “Dependent” means any of the following of a deceased or disabled veteran:

39.49(1)(b)1. 1. A spouse.

39.49(1)(b)2. 2. An unremarried surviving spouse.

39.49(1)(b)3. 3. A child, if the child is at least 17 but not yet 26 years of age.

39.49(1)(c) (c) “Eligible student” means a student who is a veteran or dependent.

39.49(1)(d) (d) “Entry into service” means entry into 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.

39.49(1)(e) (e) “Private institution” means a private nonprofit institution that is a member of the Wisconsin Association of Independent Colleges and Universities.

39.49(1)(f) (f) The definition of “veteran” given in s. 36.27 (3p) (a) 1r. applies in this section as it applies in s. 36.27 (3p), except that, for purposes of this section, the word institution in s. 36.27 (3p) (a) 1r. (intro.) means private institution. In determining a person’s residence at the time of entry into service for purposes of this paragraph, the state from which the person entered service is irrelevant.

39.49(2) (2) Tuition grants.

39.49(2)(a) (a)

39.49(2)(a)1. 1. Except as provided in subds. 2. and 3., the board shall make grants from the appropriation under s. 20.235 (1) (a) for the period specified in par. (b) in the amount determined under par. (c) for an eligible student for each semester or session he or she is enrolled in a bachelor’s or graduate degree program of a private institution and maintains a cumulative grade point average of at least 2.0. The board shall make the grants to the private institution in which the eligible student is enrolled to offset the tuition charged by the private institution.

39.49(2)(a)2. 2. If a deceased veteran was not a resident of this state at the time of entry into service, the board may not make a grant under subd. 1. for an eligible student who is a dependent of the deceased veteran unless the dependent has resided in this state for at least 5 consecutive years immediately preceding his or her enrollment in a private institution.

39.49(2)(a)3. 3. Before the board makes a grant under subd. 1. for an eligible student for a semester or session, the board shall require the eligible student to apply to the payment of tuition for that semester or session all educational assistance to which the eligible student is entitled under 38 USC 3313, if the eligible student is a veteran, or under 38 USC 3319, if the eligible student is a dependent.

39.49(2)(b) (b) The board shall make grants under par. (a) 1. for an eligible student for no more than 128 credits or 8 semesters or sessions, whichever is longer, less the number of credits, semesters, or sessions for which the eligible student received remissions under s. 36.27 (3n) or (3p) or 38.24 (7) or (8).

39.49(2)(c) (c) The amount of a grant under par. (a) 1. for an eligible student for a semester or session shall equal the lesser of the following:

39.49(2)(c)1. 1. Two thousand dollars.

39.49(2)(c)2. 2. Fifty percent of the amount of tuition charged by the private institution in which the eligible student is enrolled less one of the following amounts:

39.49(2)(c)2.a. a. If the eligible student is a veteran, the amount of tuition paid under 10 USC 2107 (c), 38 USC 3104 (a) (7) (A), and 38 USC 3313.