Chapter 39

39.437(3)(b) (b) The amount of a grant shall be paid from the appropriation account under s. 20.235 (1) (fm) and, except as provided in pars. (c) and (d), shall be determined by the board by rule.

39.437(3)(c) (c) Subject to par. (e), for a student enrolled full time after the student’s 2nd year of postsecondary education, the amount of a grant is as follows:

39.437(3)(c)1. 1. One thousand dollars per academic year, if the student’s expected family contribution is $0.

39.437(3)(c)2. 2. One thousand five hundred dollars per academic year, if the student’s expected family contribution is greater than $0, but less than $3,500.

39.437(3)(c)3. 3. One thousand dollars per academic year, if the student’s expected family contribution is $3,500 or more, but less than $12,000.

39.437(3)(c)4. 4. Two hundred fifty dollars per academic year, if the student’s expected family contribution is $12,000 or more.

39.437(3)(d) (d) Subject to par. (e), for a student enrolled half time after the student’s 2nd year of postsecondary education, the amount of a grant is as follows:

39.437(3)(d)1. 1. Seven hundred fifty dollars per academic year, if the student’s expected family contribution is less than $3,500.

39.437(3)(d)2. 2. Five hundred dollars per academic year, if the student’s expected family contribution is $3,500 or more, but less than $12,000.

39.437(3)(d)3. 3. One hundred twenty-five dollars per academic year, if the student’s expected family contribution is $12,000 or more.

39.437(3)(e) (e) If awarding the full amount of a grant under par. (c) 1., 2., 3., or 4. or (d) 1., 2., or 3. would result in an overaward of financial assistance in violation of federal law or regulation, the board may reduce the amount of the grant in order to comply with that law or regulation.

39.437(4) (4) Administration of grant program.

39.437(4)(a) (a) By February 1 of each year, the Board of Regents of the University of Wisconsin System shall provide to the board information relating to the resident undergraduate academic fees charged to attend each of the institutions within that system for the current academic year, the technical college system board shall provide to the board information relating to the fees under s. 38.24 (1m) (a) to (c) charged to attend each of the technical colleges within that system for the current academic year, each tribally controlled college in this state shall provide to the board information relating to the tuition and fees charged to attend the tribal college for the current academic year, and the Wisconsin Association of Independent Colleges and Universities or a successor organization shall provide to the board information relating to tuition and fees charged to attend each of the private, nonprofit, accredited institutions of higher education in this state for the current academic year.

39.437(4)(b) (b) By April 1 of each year, the board shall determine the average of the resident undergraduate academic fees charged for the current academic year among the institutions within the University of Wisconsin System, the average of the fees under s. 38.24 (1m) (a) to (c) charged for the current academic year among the technical colleges in this state, the average of the tuition and fees charged for the current academic year among the tribally controlled colleges in this state, and the average of the tuition and fees charged for the current academic year among the private, nonprofit, accredited institutions of higher education in this state.

39.437(4)(c) (c) To the extent permitted under 20 USC 1232g and 34 CFR part 99, the department of public instruction shall provide pupil information to the board as necessary for that office to fulfill its role in the administration of the grant program under this section.

39.437(5) (5) Rules. The board shall promulgate rules to implement this section, including all of the following:

39.437(5)(a) (a) Rules establishing a reporting system to periodically provide student economic data.

39.437(5)(b) (b) Rules establishing eligibility criteria for designation as a Wisconsin covenant scholar under sub. (2) (a) 2.

39.437(5)(c) (c) Any other rules the board considers necessary to assure the uniform administration of this section.

39.437(6) (6) Sunset. No student may enroll in the Wisconsin Covenant Scholars Program after September 30, 2011. After that date, the board may designate a student as a Wisconsin covenant scholar under sub. (2) (a) 2. only if the student enrolled in the Wisconsin Covenant Scholars Program by that date.

39.437 History History: 2007 a. 20; 2009 a. 28; 2011 a. 32; 2013 a. 20.

39.437 Cross-reference Cross-reference: See also ch. HEA 15, Wis. adm. code.

39.44 39.44 Minority undergraduate grants.

39.44(1) (1) 

39.44(1)(a) (a) In this section “minority undergraduate” means an undergraduate student who:

39.44(1)(a)1. 1. Is a Black American.

39.44(1)(a)2. 2. Is an American Indian.

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.