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LRB-3716/1
ARG:ahe
2019 - 2020 LEGISLATURE
August 12, 2019 - Introduced by Representatives Duchow, Brandtjen, Petersen,
Jagler, Kurtz, Magnafici, Gundrum, Petryk, Vorpagel, Horlacher, James,
Tusler, Quinn, Loudenbeck, Spiros, Zimmerman, Kuglitsch, Sinicki,
Murphy, Wichgers, Edming, Dittrich and Knodl, cosponsored by Senators
Stroebel, L. Taylor, Craig, Marklein, Wirch, Jacque and Carpenter.
Referred to Committee on Colleges and Universities.
AB361,1,5 1An Act to renumber 36.11 (47) (a), 36.11 (47) (b), 38.12 (13) (a), 38.12 (13) (b)
2and 39.48 (2); to amend 36.11 (47) (intro.), 36.27 (2) (br) 2., 38.12 (13) (intro.),
339.48 (intro.) and 39.48 (1); and to create 36.11 (47) (d), 38.12 (13) (d), 39.48
4(2m) (intro.) and (a) and 39.48 (3) of the statutes; relating to: requirements for
5colleges when service member students are called into active duty.
Analysis by the Legislative Reference Bureau
This bill makes changes relating to the responsibilities of colleges to national
guard members and other service members who withdraw from school because they
are called into active military service.
Current law provides certain protections to a student of a University of
Wisconsin System school, technical college, or private nonprofit college who is a
national guard member or a member of a reserve unit of the U.S. armed forces and
who withdraws from school because he or she is called into active military service for
at least 30 days. Under these protections, the school or college must reenroll the
student in the semester in which the student is discharged, demobilized, or
deactivated or, if the student prefers, in the following semester and give the student
the same course registration priority that the student would have had if the student
had registered at the beginning of the registration period. In addition, if the student
is enrolled in a UW System school or technical college, at the student's request, the
school or college must either 1) reimburse all tuition and fees paid for courses from
which the student had to withdraw, and for prorated room and board at a UW System

school or 2) grant the student an incomplete in the courses from which the student
had to withdraw and allow the student to complete the courses within six months
after leaving service without paying additional tuition or fees. If the student is
enrolled in a private nonprofit college, the college must grant the student an
incomplete and allow course completion as described in 2, above.
This bill affords these protections to students called into active military service
for any period, not just for 30 days or more. The bill also expands these protections
to students at all private institutions, not only nonprofit institutions, and provides
these students with the option, instead of receiving an incomplete and completing
courses later, to obtain reimbursement of tuition and fees paid for courses from which
the student had to withdraw and of prorated room and board. The bill also requires
schools and colleges, under specified circumstances, to ensure that students called
into active military service are provided a reasonable opportunity to complete final
projects and final examinations.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB361,1 1Section 1. 36.11 (47) (intro.) of the statutes is amended to read:
AB361,2,62 36.11 (47) Armed forces. (intro.) If a student who is a member of a national
3guard or a member of a reserve unit of the U.S. armed forces withdraws from school
4after September 11, 2001, because he or she is called into state active duty or into
5active service with the U.S. armed forces for at least 30 days, the board shall reenroll
6do all of the following:
AB361,2,9 7(am) Reenroll the student beginning in the semester in which he or she is
8discharged, demobilized, or deactivated from active duty or the next succeeding
9semester, whichever the student prefers, shall give .
AB361,2,12 10(bm) Give the student the same priority in registering for courses that the
11student would have had if he or she had registered for courses at the beginning of the
12registration period, and, at.
AB361,3,2
1(c) At the student's request, do one of the following for all courses from which
2the student had to withdraw:
AB361,2 3Section 2. 36.11 (47) (a) of the statutes is renumbered 36.11 (47) (c) 1.
AB361,3 4Section 3. 36.11 (47) (b) of the statutes is renumbered 36.11 (47) (c) 2.
AB361,4 5Section 4. 36.11 (47) (d) of the statutes is created to read:
AB361,3,106 36.11 (47) (d) Ensure that the student is provided a reasonable opportunity to
7complete final projects and final examinations for all courses in which the scheduled
8end date of the course is not more than 30 days after the date of the order calling the
9student into active duty or service unless such an accommodation cannot be
10reasonably made.
AB361,5 11Section 5. 36.27 (2) (br) 2. of the statutes is amended to read:
AB361,3,1712 36.27 (2) (br) 2. If a student receiving the exemption under this paragraph
13withdraws from an institution during a semester or session because he or she is
14called into state active duty or into active service with the U.S. armed forces for at
15least 30 days
, the student is entitled to the exemption under this paragraph if he or
16she reenrolls in an institution during the semester in which he or she is discharged,
17demobilized, or deactivated from active duty or in the next succeeding semester.
AB361,6 18Section 6. 38.12 (13) (intro.) of the statutes is amended to read:
AB361,3,2319 38.12 (13) Armed forces. (intro.) If a student who is a member of a national
20guard or a member of a reserve unit of the U.S. armed forces withdraws from school
21after September 11, 2001, because he or she is called into state active duty or into
22active service with the U.S. armed forces for at least 30 days, the district board shall
23reenroll do all of the following:
AB361,4,3
1(am) Reenroll the student beginning in the semester in which he or she is
2discharged, demobilized, or deactivated from active duty or the next succeeding
3semester, whichever the student prefers, shall give .
AB361,4,6 4(bm) Give the student the same priority in registering for courses that the
5student would have had if he or she had registered for courses at the beginning of the
6registration period, and, at.
AB361,4,8 7(c) At the student's request, do one of the following for all courses from which
8the student had to withdraw:
AB361,7 9Section 7. 38.12 (13) (a) of the statutes is renumbered 38.12 (13) (c) 1.
AB361,8 10Section 8. 38.12 (13) (b) of the statutes is renumbered 38.12 (13) (c) 2.
AB361,9 11Section 9. 38.12 (13) (d) of the statutes is created to read:
AB361,4,1612 38.12 (13) (d) Ensure that the student is provided a reasonable opportunity to
13complete final projects and final examinations for all courses in which the scheduled
14end date of the course is not more than 30 days after the date of the order calling the
15student into active duty or service unless such an accommodation cannot be
16reasonably made.
AB361,10 17Section 10. 39.48 (intro.) of the statutes is amended to read:
AB361,5,2 1839.48 Armed forces. (intro.) If a student who is a member of a national guard
19or a member of a reserve unit of the U.S. armed forces withdraws from a private
20nonprofit college or university located in this state, or from a school approved by the
21department of safety and professional services under s. 440.52 or the educational
22approval board under s. 38.50, 2015 stats., or authorized by the distance learning
23authorization board under s. 39.86,
after September 11, 2001, because he or she is
24called into state active duty or into active service with the U.S. armed forces for at

1least 30 days
, the college or, university, or school shall, at the student's request, do
2all of the following:
AB361,11 3Section 11. 39.48 (1) of the statutes is amended to read:
AB361,5,64 39.48 (1) Reenroll the student beginning in the semester in which he or she is
5discharged, demobilized, or deactivated from active duty or the next succeeding
6semester, whichever the student prefers, and give .
AB361,5,9 7(1m) Give the student the same priority in registering for courses that the
8student would have had if he or she had registered for courses at the beginning of the
9registration period.
AB361,12 10Section 12. 39.48 (2) of the statutes is renumbered 39.48 (2m) (b).
AB361,13 11Section 13. 39.48 (2m) (intro.) and (a) of the statutes are created to read:
AB361,5,1312 39.48 (2m) (intro.) At the student's request, do one of the following for all
13courses from which the student had to withdraw:
AB361,5,1514 (a) Reimburse the student all tuition and fees paid for all the courses and a
15prorated portion of room and board payments.
AB361,14 16Section 14. 39.48 (3) of the statutes is created to read:
AB361,5,2117 39.48 (3) Ensure that the student is provided a reasonable opportunity to
18complete final projects and final examinations for all courses in which the scheduled
19end date of the course is not more than 30 days after the date of the order calling the
20student into active duty or service unless such an accommodation cannot be
21reasonably made.
AB361,5,2222 (End)
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