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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 1142
March 6, 2024 - Introduced by Representatives SUBECK, EMERSON, JOERS, MOORE
OMOKUNDE, ORTIZ-VELEZ, PALMERI, SINICKI and STUBBS, cosponsored by
Senators L. JOHNSON, SPREITZER and LARSON. Referred to Committee on
Colleges and Universities.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 20.235 (1) (fx), 20.437 (1) (ch), 36.27 (3g), 38.24 (5m), 39.52 and
48.543 of the statutes; relating to: University of Wisconsin System and
technical college tuition remissions for and grants to support foster care and
other 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
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ASSEMBLY BILL 1142
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.
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:
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.235 Higher educational aids board
(1) STUDENT SUPPORT ACTIVITIES
(fx)Foster care remissions GPR B 410,000 410,000
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SECTION 1
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20.437Children and families, department of
(1) CHILDREN AND FAMILY SERVICES
(ch)Grants to support former foster
youth in higher education GPR B -0- 120,000
SECTION 2. 20.235 (1) (fx) of the statutes is created to read:
20.235 (1) (fx) Foster care remissions. Biennially, the amounts in the schedule
to reimburse the Board of Regents of the University of Wisconsin System and
technical college district boards under s. 39.52 for fee remissions made under ss.
36.27 (3g) and 38.24 (5m).
SECTION 3. 20.437 (1) (ch) of the statutes is created to read:
20.437 (1) (ch) Grants to support former foster youth in higher education.
Biennially, the amounts in the schedule for grants under s. 48.543.
SECTION 4. 36.27 (3g) of the statutes is created to read:
36.27 (3g) FOSTER CARE REMISSIONS. (a) In this subsection:
1. “Eligible individual” means a state resident to whom any of the following
applies:
a. He or she resided in an out-of-home care placement on his or her 18th
birthday.
b. He or she resided in an out-of-home care placement and subsequently, after
his or her 13th birthday, he or she was adopted or appointed a nonagency guardian
under s. 48.977 or 48.9795.
c. He or she resided in an out-of-home care placement for at least one year after
his or her 13th birthday and he or she returned to live in the home of his or her parent
after termination of the order.
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SECTION 4 ASSEMBLY BILL 1142
2. “Federal assistance” means any federal scholarship, grant, or aid, other than
a loan, provided to a student or to a student's educational institution on behalf of a
student.
3. “Out-of-home care placement” means the placement of a child out of his or
her home, in this state, under a court order under s. 48.355, 48.357, 48.365, 938.355,
938.357, or 938.365.
(b) Subject to par. (c), the board shall grant full remission of academic fees and
segregated fees to any eligible individual for a semester or session if the individual
satisfies each of the following:
1. The individual completes the federal Free Application for Federal Student
Aid, as described in 20 USC 1090 (a), for that semester or session.
2. The individual is enrolled in an associate degree or bachelor's degree
program in that semester or session.
(c) 1. The board shall deduct from a remission granted to an eligible individual
under par. (b) for a semester or session the amount of federal assistance awarded for
the individual for that semester or session.
2. The board may not grant a remission under par. (b) to an eligible individual
after the eligible individual is awarded a bachelor's degree or attains the age of 25
years, whichever occurs first.
3. An eligible student may receive a remission under par. (b) or s. 38.24 (5m)
(b) for no more than a total of 12 semesters. For purposes of this subdivision, a
session is counted as a semester.
SECTION 5. 38.24 (5m) of the statutes is created to read:
38.24 (5m) FOSTER CARE REMISSIONS. (a) In this subsection:
1. “Eligible individual” has the meaning given in s. 36.27 (3g) (a) 1.
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SECTION 5
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2. “Federal assistance” has the meaning given in s. 36.27 (3g) (a) 2.
(b) Subject to par. (c), a district board shall grant full remission of fees under
sub. (1m) (a) to (c) to any eligible individual for a semester or session if the individual
satisfies each of the following:
1. The individual completes the federal Free Application for Federal Student
Aid, as described in 20 USC 1090 (a), for that semester or session.
2. The individual is enrolled in a technical diploma or associate degree program
in that semester or session.
(c) 1. A district board shall deduct from a remission granted to an eligible
individual under par. (b) for a semester or session the amount of federal assistance
awarded for the individual for that semester or session.
2. An eligible individual may not receive a remission under par. (b) after the
eligible individual is awarded a diploma or degree in the program in which he or she
is enrolled or attains the age of 25 years, whichever occurs first.
3. An eligible student may receive a remission under par. (b) or s. 36.27 (3g) (b)
for no more than a total of 12 semesters. For purposes of this subdivision, a session
is counted as a semester.
SECTION 6. 39.52 of the statutes is created to read:
39.52 Foster care remissions. (1) UNIVERSITY OF WISCONSIN SYSTEM. At the
end of each semester, the Board of Regents of the University of Wisconsin System
shall certify to the board the number of students enrolled in the University of
Wisconsin System to whom fees have been remitted under s. 36.27 (3g) and the
amount of fees remitted. Subject to sub. (3), if the board approves the information
certified under this subsection, the board, from the appropriation account under s.
20.235 (1) (fx), shall reimburse the Board of Regents for the full amount of fees
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SECTION 6 ASSEMBLY BILL 1142
remitted. The Board of Regents shall credit any amounts received under this
subsection to the appropriation under s. 20.285 (1) (k) and shall expend those
amounts received for degree credit instruction.
(2) TECHNICAL COLLEGES. At the end of each semester, each technical college
district board shall certify to the board the number of students enrolled in the
technical college governed by the district board to whom fees have been remitted
under s. 38.24 (5m) and the amount of those fees remitted. Subject to sub. (3), if the
board approves the information certified under this subsection, the board, from the
appropriation account under s. 20.235 (1) (fx), shall reimburse the district board for
the full amount of fees remitted.
(3) PRORATED REIMBURSEMENT. In June of each fiscal year, the board shall
determine the total amount of fees remitted by the Board of Regents that are eligible
for reimbursement under sub. (1) and fees remitted by the district boards that are
eligible for reimbursement under sub. (2). If the moneys appropriated under s.
20.235 (1) (fx) are not sufficient to reimburse the Board of Regents and the district
boards for the full amount of those fees, the board shall prorate the reimbursement
paid under subs. (1) and (2) in the proportion that the moneys available bears to the
total amount eligible for reimbursement under subs. (1) and (2).
SECTION 7. 48.543 of the statutes is created to read:
48.543 Grants to support former foster youth in higher education. The
department shall award no fewer than 4 grants to University of Wisconsin System
institutions or technical colleges within the Wisconsin Technical College System for
the purpose of providing resources, programs, and activities for youth who were
formerly placed in out-of-home care and who are enrolled in the institution or
technical college. No grant under this section may exceed $30,000.
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SECTION 8
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SECTION 8.0Initial applicability.
(1) This act first applies to eligible individuals, as defined in s. 36.27 (3g) (a)
1., enrolled in a University of Wisconsin System institution or Technical College
System technical college in the first semester or session following the effective date
of this subsection.
SECTION 9.0Effective date.
(1) This act takes effect on the day after publication or on the 2nd day after
publication of the 2023 biennial budget act, whichever is later.
(END)
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