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LRB-2595/1
JAM&EHS:ekg&cjs
2021 - 2022 LEGISLATURE
March 7, 2022 - Introduced by Representatives Subeck, Shelton, Baldeh,
Cabrera, Emerson, Hebl, Hesselbein, Milroy, Ohnstad, Sinicki, Spreitzer,
Stubbs and Vruwink, cosponsored by Senators Wirch, Carpenter, Johnson,
Larson, Ringhand and Roys. Referred to Committee on Colleges and
Universities.
AB1088,1,4 1An Act to create 20.235 (1) (fx), 20.437 (1) (ch), 36.27 (3g), 38.24 (5m), 39.52 and
248.543 of the statutes; relating to: University of Wisconsin System and
3technical college tuition remissions for and grants to support foster care and
4other out-of-home care placement students and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Board of Regents of the University of Wisconsin System
and technical college district boards to grant tuition remission to certain students
who were in foster care or other placement out of their parents' homes. This bill also
requires the Department of Children and Families to distribute to University of
Wisconsin System institutions and technical colleges within the Technical College
System $120,000 in grants for programs that support former foster youth.
Under current law, if the juvenile court adjudges a child to be in need of
protection or services, the juvenile court may order the child to be removed from the
home of the child's parent and placed in an out-of-home care placement, such as the
home of a foster parent, guardian, relative other than a parent, or nonrelative or a
group home, residential care center for children and youth, or shelter care facility.
Under the bill, a student is eligible for institution or technical college tuition
remission if the student is a state resident to whom any of the following applies: 1)
the individual resided in an out-of-home care placement on his or her 18th birthday;
2) the individual resided in an out-of-home care placement and after his or her 13th
birthday the individual was adopted or appointed a nonagency guardian; or 3) the
individual resided in an out-of-home care placement for at least one year after his

or her 13th birthday and then returned to live in the home of his or her parent after
termination of the order.
The bill requires the Board of Regents to grant an eligible student a tuition
remission for each semester or session that the student completes the federal Free
Application for Federal Student Aid (FAFSA) and is enrolled in an associate degree
or bachelor's degree program. A technical college district board must grant an
eligible student a tuition remission for each semester or session that the student
completes the FAFSA and is enrolled in a technical diploma or associate degree
program. The technical college district boards may not grant the tuition remission
after a technical college student is awarded the diploma or degree for the program
in which he or she is enrolled or attains the age of 25 years, whichever occurs first.
The Board of Regents may not grant the tuition remission after a student is awarded
a bachelor's degree or attains the age of 25, whichever occurs first. In addition, the
bill prohibits a student from receiving this tuition remission from either the Board
of Regents or a technical college district board for more than a total of 12 semesters
or sessions. The Board of Regents and technical college district boards must deduct
from a remission any federal scholarship, grant, or aid, other than a loan, awarded
for a student.
The bill also makes an appropriation to the Higher Educational Aids Board to
reimburse the Board of Regents and technical college district boards for remissions
granted under the bill. If the appropriation is not sufficient to make full
reimbursement, HEAB must prorate the reimbursements.
This bill also makes an appropriation to DCF for the purpose of distributing at
least four grants per biennium of up to $30,000 each to University of Wisconsin
institutions or technical colleges for the purpose of supporting programming for
former foster youth who are enrolled in the institution.
The bill also provides additional funding for the University of Wisconsin
System under its general program operations appropriation and for special
education aid for school districts, independent charter schools, cooperative
educational service agencies, and county children with disabilities education boards
for purposes of maintaining compliance with maintenance of effort requirements of
the federal Consolidated Appropriations Act and the federal American Rescue Plan
Act.
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:
AB1088,1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
AB1088,2 1Section 2. 20.235 (1) (fx) of the statutes is created to read:
AB1088,3,52 20.235 (1) (fx) Foster care remissions. Biennially, the amounts in the schedule
3to reimburse the Board of Regents of the University of Wisconsin System and
4technical college district boards under s. 39.52 for fee remissions made under ss.
536.27 (3g) and 38.24 (5m).
AB1088,3 6Section 3. 20.437 (1) (ch) of the statutes is created to read:
AB1088,3,87 20.437 (1) (ch) Grants to support former foster youth in higher education.
8Biennially, the amounts in the schedule for grants under s. 48.543.
AB1088,4 9Section 4. 36.27 (3g) of the statutes is created to read:
AB1088,3,1010 36.27 (3g) Foster care remissions. (a) In this subsection:
AB1088,3,1211 1. “Eligible individual” means a state resident to whom any of the following
12applies:
AB1088,3,1413 a. He or she resided in an out-of-home care placement on his or her 18th
14birthday.
AB1088,4,3
1b. He or she resided in an out-of-home care placement and subsequently, after
2his or her 13th birthday, he or she was adopted or appointed a nonagency guardian
3under s. 48.977 or 48.9795.
AB1088,4,64 c. He or she resided in an out-of-home care placement for at least one year after
5his or her 13th birthday and he or she returned to live in the home of his or her parent
6after termination of the order.
AB1088,4,97 2. “Federal assistance” means any federal scholarship, grant, or aid, other than
8a loan, provided to a student or to a student's educational institution on behalf of a
9student.
AB1088,4,1210 3. “Out-of-home care placement” means the placement of a child out of his or
11her home, in this state, under a court order under s. 48.355, 48.357, 48.365, 938.355,
12938.357, or 938.365.
AB1088,4,1513 (b) Subject to par. (c), the board shall grant full remission of academic fees and
14segregated fees to any eligible individual for a semester or session if the individual
15satisfies each of the following:
AB1088,4,1716 1. The individual completes the federal Free Application for Federal Student
17Aid, as described in 20 USC 1090 (a), for that semester or session.
AB1088,4,1918 2. The individual is enrolled in an associate degree or bachelor's degree
19program in that semester or session.
AB1088,4,2220 (c) 1. The board shall deduct from a remission granted to an eligible individual
21under par. (b) for a semester or session the amount of federal assistance awarded for
22the individual for that semester or session.
AB1088,4,2523 2. The board may not grant a remission under par. (b) to an eligible individual
24after the eligible individual is awarded a bachelor's degree or attains the age of 25
25years, whichever occurs first.
AB1088,5,3
13. An eligible student may receive a remission under par. (b) or s. 38.24 (5m)
2(b) for no more than a total of 12 semesters. For purposes of this subdivision, a
3session is counted as a semester.
AB1088,5 4Section 5. 38.24 (5m) of the statutes is created to read:
AB1088,5,55 38.24 (5m) Foster care remissions. (a) In this subsection:
AB1088,5,66 1. “Eligible individual” has the meaning given in s. 36.27 (3g) (a) 1.
AB1088,5,77 2. “Federal assistance” has the meaning given in s. 36.27 (3g) (a) 2.
AB1088,5,108 (b) Subject to par. (c), a district board shall grant full remission of fees under
9sub. (1m) (a) to (c) to any eligible individual for a semester or session if the individual
10satisfies each of the following:
AB1088,5,1211 1. The individual completes the federal Free Application for Federal Student
12Aid, as described in 20 USC 1090 (a), for that semester or session.
AB1088,5,1413 2. The individual is enrolled in a technical diploma or associate degree program
14in that semester or session.
AB1088,5,1715 (c) 1. A district board shall deduct from a remission granted to an eligible
16individual under par. (b) for a semester or session the amount of federal assistance
17awarded for the individual for that semester or session.
AB1088,5,2018 2. An eligible individual may not receive a remission under par. (b) after the
19eligible individual is awarded a diploma or degree in the program in which he or she
20is enrolled or attains the age of 25 years, whichever occurs first.
AB1088,5,2321 3. An eligible student may receive a remission under par. (b) or s. 36.27 (3g) (b)
22for no more than a total of 12 semesters. For purposes of this subdivision, a session
23is counted as a semester.
AB1088,6 24Section 6. 39.52 of the statutes is created to read:
AB1088,6,10
139.52 Foster care remissions. (1) University of Wisconsin System. At the
2end of each semester, the Board of Regents of the University of Wisconsin System
3shall certify to the board the number of students enrolled in the University of
4Wisconsin System to whom fees have been remitted under s. 36.27 (3g) and the
5amount of fees remitted. Subject to sub. (3), if the board approves the information
6certified under this subsection, the board, from the appropriation account under s.
720.235 (1) (fx), shall reimburse the Board of Regents for the full amount of fees
8remitted. The Board of Regents shall credit any amounts received under this
9subsection to the appropriation under s. 20.285 (1) (k) and shall expend those
10amounts received for degree credit instruction.
AB1088,6,17 11(2) Technical colleges. At the end of each semester, each technical college
12district board shall certify to the board the number of students enrolled in the
13technical college governed by the district board to whom fees have been remitted
14under s. 38.24 (5m) and the amount of those fees remitted. Subject to sub. (3), if the
15board approves the information certified under this subsection, the board, from the
16appropriation account under s. 20.235 (1) (fx), shall reimburse the district board for
17the full amount of fees remitted.
AB1088,6,25 18(3) Prorated reimbursement. In June of each fiscal year, the board shall
19determine the total amount of fees remitted by the Board of Regents that are eligible
20for reimbursement under sub. (1) and fees remitted by the district boards that are
21eligible for reimbursement under sub. (2). If the moneys appropriated under s.
2220.235 (1) (fx) are not sufficient to reimburse the Board of Regents and the district
23boards for the full amount of those fees, the board shall prorate the reimbursement
24paid under subs. (1) and (2) in the proportion that the moneys available bears to the
25total amount eligible for reimbursement under subs. (1) and (2).
AB1088,7
1Section 7. 48.543 of the statutes is created to read:
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