Chapter 36

36.27(3p)(am) (am) In determining a person’s residence at the time of entry into service under par. (a) 1r., the state from which the person entered service is irrelevant.

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) or tuition offsets under grants under s. 39.49 (2) (a) 1. 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 and maintains a cumulative grade point average of at least 2.0.

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. If that educational assistance covers 100 percent of that tuition and those fees for a credit or semester, that credit or semester shall not count against the 128 credit or 8 semester limit provided in par. (b). If that educational assistance covers less than 100 percent of that tuition and those fees for a credit or semester and the remission under par. (b) covers the remainder of that tuition and those fees, the credit or semester shall count against that limit in the proportion that the remission bears to the total nonresident tuition, academic fees, and segregated fees charged for that credit or semester. 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) (bm)

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) (4) Tuition award program.

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)(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) (5) Fee statement.

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) (b)

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) (d)

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 website 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 website address specified in subd. 1. for the institution or college campus at which the student is enrolled.

36.27(6) (6) Segregated Fees.

36.27(6)(a) (a) The board shall ensure that segregated fees are used only for the purpose for which they are charged.

36.27(6)(b) (b) The board may provide students with the opportunity to pay an additional fee to support an inter-institutional student government organization. The board may not require students to pay the fee.

36.27(7) (7) Late receipt of student’s veterans benefits. If a student receives federal veterans benefits that may be applied against the student’s payment obligations for academic fees or nonresident tuition, the institution in which the student is enrolled may not take any adverse action against the student as a result of the institution’s failure to receive payment of the federal veterans benefits by the deadline established by the institution for payment of tuition or fees.

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; 2011 a. 32; 2013 a. 20, 173; 2015 a. 55; 2017 a. 12, 59; 2017 a. 365 s. 112; 2019 a. 47, 75, 149; 2021 a. 159; 2023 a. 104.

36.27 Annotation A student who challenges the student’s nonresident status unsuccessfully must reapply before the beginning of any new semester when the student claims that status has changed. Hancock v. Regents of University of Wisconsin, 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 the student’s constitutional rights to equal protection by charging the student out-of-state tuition. Joseph v. Board of Regents, 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 percent 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) (5) 

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 $150,000 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(8) (8) This section does not apply to a private gift or grant made to the office of educational opportunity.

36.29 History History: 1973 c. 335; 1983 a. 27, 192; 1987 a. 27; 1989 a. 31; 1991 a. 39; 1995 a. 243; 2001 a. 102; 2003 a. 264; 2011 a. 32; 2015 a. 55.

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 employees with pay, owing to sickness, shall be regulated by rules of the board, except that unused sick leave shall accumulate from year to year.

36.30 History History: 1975 c. 88; 1981 c. 96 ss. 22, 67; 1981 c. 386; 1997 a. 237; 2011 a. 32; 2013 a. 20 ss. 2365m, 9448.

36.31 36.31 Coordination with other educational agencies; credit for military education.

36.31(1) (1) The board shall not, without the approval of the technical college system board, broaden the system’s post-high school training mission to include the preparation of persons for semiprofessional or skilled-trade occupations beyond those offered during the 1972-73 academic year. The technical college system board shall not, without the approval of the board of regents, broaden its system’s collegiate transfer program offerings beyond those in existence during the 1972-73 academic year. In this section, “collegiate transfer program” has the meaning given in s. 38.01 (3).

36.31(2) (2) The technical college system board, in agreement with the board may designate courses other than those covered under sub. (1) as transferable for collegiate credit between the 2 systems.

36.31(2m) (2m) 

36.31(2m)(a) (a) In this subsection:

36.31(2m)(a)1. 1. “Association” means the Wisconsin Association of Independent Colleges and Universities.

36.31(2m)(a)2. 2. “Core general education courses” means courses generally required for an undergraduate degree that are prerequisite or otherwise in addition to the courses required for an undergraduate degree in a specific course of study.

36.31(2m)(a)3. 3. “Private college” means a private, nonprofit institution of higher education that is a member of the association.

36.31(2m)(a)4. 4. “Program-to-program articulation agreement” means an agreement that articulates how the completion of requirements for a specified program of study at an educational institution transfers toward completion of requirements for a specified program of study at another educational institution.

36.31(2m)(am) (am)

36.31(2m)(am)1. 1. Notwithstanding s. 36.09 (3) (a), the Board of Regents and the technical college system board shall, and the governing boards of tribally controlled colleges in this state and the association, on behalf of private colleges, may, enter into an agreement to promote and support program-to-program articulation agreements that will apply to programs of study specified in the agreements between institutions of the system, technical colleges, and the tribally controlled colleges and private colleges that elect to participate in the agreement. The agreement shall identify and prioritize program-to-program articulation agreements in fields of study that are in high demand or included under program-to-program articulation agreements between institutions and technical colleges that are entered into before November 23, 2019.

36.31(2m)(am)2. 2. No later than April 1, 2021, the Board of Regents and the technical college system board shall jointly submit a report on progress in complying with subd. 1. to the joint committee on finance and the appropriate standing committees of the legislature under s. 13.172 (3).

36.31(2m)(b) (b) Notwithstanding s. 36.09 (3) (a), the Board of Regents and the technical college system board shall, and the governing boards of tribally controlled colleges in this state and the association, on behalf of private colleges, may, enter into and implement an agreement that identifies an array of not less than 72 credits of core general education courses and establishes policies for ensuring that, beginning in the 2022-23 academic year, credits for completing the courses are transferable and would satisfy general education requirements at the receiving institution or college, between and within each institution and technical college, and each tribally controlled college and private college that elects to participate in the agreement.

36.31(2m)(c) (c) The Board of Regents and the technical college system board shall ensure that the governing bodies of tribally controlled colleges and the association, on behalf of private colleges, have an opportunity to elect to participate in the agreements specified in pars. (am) and (b).

36.31(4) (4) 

36.31(4)(am) (am) Except as provided in par. (bm), upon receiving from the federal department of defense a student’s official joint services transcript or Community College of the Air Force transcript, the institution or college campus in which the student is enrolled shall do the following:

36.31(4)(am)1. 1. Accept all American Council on Education credit recommendations included in the official joint services transcript and award academic credit to the student in accordance with these recommendations.

36.31(4)(am)2. 2. Accept all credits included in the Community College of the Air Force transcript and award academic credit to the student accordingly.

36.31(4)(bm) (bm) An institution or college campus may not award academic credit to a student under par. (am) for each course for which the student, upon consultation with the institution’s or college campus’s staff, objects to the awarding of credit for that course.

36.31 History History: 1973 c. 335; 1977 c. 29; 1979 c. 34; 1991 a. 39; 1993 a. 399; 2013 a. 20; 2013 a. 168 s. 21; 2015 a. 55; 2017 a. 59; 2019 a. 46, 147.

36.32 36.32 Student identification numbers.

36.32(1) (1) In this section, “institution of higher education” means an institution within the system or a private educational institution located in this state that awards a bachelor’s or higher degree or provides a program that is acceptable toward such a degree.

36.32(2) (2) An institution of higher education may assign to each student enrolled in the institution a unique identification number. An institution of higher education shall not assign to any student an identification number that is identical to or incorporates the student’s social security number. This subsection does not prohibit an institution of higher education from requiring a student to disclose his or her social security number, nor from using a student’s social security number if such use is required by a federal or state agency or private organization in order for the institution or the student to participate in a particular program.

36.32 History History: 2003 a. 282 ss. 1 to 3.

36.33 36.33 Agricultural lands.

36.33(1) (1) Legislative intent. The legislature finds and determines that, because of the problems resulting from the development of cities, villages, towns, and counties around certain agricultural lands of the University of Wisconsin-Madison, the desirability of consolidating lands used for agricultural instruction, research and extension purposes, the desirability of disposing of agricultural lands no longer needed by the university and the need for land of better quality and of greater quantity for the purpose of improving and expanding agricultural research, it is in the public interest for the board to sell, lease, or exchange, in whole or in part, the agricultural lands and improvements thereon owned by the board and used by the University of Wisconsin-Madison for the purpose of agricultural instruction and research and to purchase or otherwise acquire other agricultural lands or other lands intended to be used by the University of Wisconsin-Madison for the purpose of agricultural instruction and research. The foregoing policy determination is made without reference to or intention of limiting the powers which the board may otherwise have. The purchase or acquisition of lands or interests therein under this subsection is exempt from s. 20.914 (1).

36.33(2) (2) Method of sale or lease; assessments.

36.33(2)(a) (a) The board, in selling or leasing any part of the agricultural lands and improvements thereon under sub. (1), shall sell or lease on the basis of either of the following:

36.33(2)(a)1. 1. Public bids, with the board reserving the right to reject any or all bids in the best interest of the state.

36.33(2)(a)2. 2. Negotiated prices.

36.33(2)(b) (b) Notwithstanding any provisions of law to the contrary, the lands sold, leased, or exchanged under sub. (1) shall be subject to special assessments for public improvements by cities, villages, and towns, in the same manner and to the same extent as privately owned lands, if the public improvements are of direct and substantial benefit to the lands that have been platted for sale.

36.33(3m) (3m) Exchange. The board may exchange under sub. (1) part or all of any parcel of agricultural land for any other land of approximately equal value if all of the following are satisfied:

36.33(3m)(a) (a) The lands exchanged are of a like kind.

36.33(3m)(b) (b) The board determines that the exchange contributes to the consolidation or completion of a block of land, enhances the conservation of agricultural lands, or is otherwise in the public interest.

36.33(4) (4) Proceeds. The net proceeds from the sale, lease, exchange, purchase, or other acquisition of agricultural lands and improvements under sub. (1) shall be deposited into a nonlapsible fund for the purpose of purchasing additional land under sub. (1) or erecting facilities for research and instruction in animal husbandry, agricultural engineering, and agricultural and life sciences at the University of Wisconsin-Madison. Such funds shall become available only upon consent and recommendation of the board and, if used for the erection of facilities, upon authorization by the building commission. Authorization of the building commission is not required to make such funds available for the purchase of land.

36.33 History History: 1973 c. 335; 1977 c. 418; 1983 a. 36 s. 96 (4); 1995 a. 225; 2001 a. 103; 2013 a. 20; 2015 a. 230.

36.335 36.335 Sale of other land; buildings and structures. If the board sells any real property under its jurisdiction, the board shall credit the net proceeds of the sale to the appropriation account under s. 20.285 (1) (gb) except that if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold, the board shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the board shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the board shall adhere to any restriction governing use of the proceeds.

36.335 History History: 2009 a. 28 s. 3407; Stats. 2009 s. 36.335; 2011 a. 32; 2015 a. 230.

36.34 36.34 Minority student programs.

36.34(1) (1) Ben R. Lawton minority undergraduate grant program.

36.34(1)(a) (a) In this subsection “minority undergraduate” means an undergraduate student who:

36.34(1)(a)1. 1. Is a Black American.