1 | 1 | | LRB-4893/1 |
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2 | 2 | | ARG:emw&cjs |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 554 |
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5 | 5 | | October 24, 2023 - Introduced by Representatives RETTINGER, MAGNAFICI, ALLEN, |
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6 | 6 | | BEHNKE, BRANDTJEN, CALLAHAN, DALLMAN, DITTRICH, GOEBEN, GUNDRUM, |
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7 | 7 | | KRUG, MAXEY, MURPHY, NEDWESKI, O'CONNOR and ROZAR, cosponsored by |
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8 | 8 | | Senators WIMBERGER, WANGGAARD and NASS. Referred to Committee on |
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9 | 9 | | Colleges and Universities. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to repeal 36.34 (title) and (1) (title) and (a), 38.04 (8) (a), 38.26 (1), 39.15 |
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12 | 12 | | (1) (c), 39.44 (1) (a) and 39.46 (2) (g); to renumber and amend 36.34 (1) (b); |
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13 | 13 | | to amend 36.25 (14), 36.25 (14m) (title), 36.25 (14m) (a), 36.25 (14m) (b), 36.25 |
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14 | 14 | | (14m) (c) 2., 38.04 (8) (title), 38.04 (8) (b), 38.26 (title), 38.26 (2) (a), (b), (c), (d) |
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15 | 15 | | and (e), 38.27 (1) (a), 39.40 (title), 39.40 (2) (intro.), 39.40 (3) (b) 1., 39.44 (1) (b) |
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16 | 16 | | and 39.44 (3) (c); to repeal and recreate 39.40 (1) and 39.44 (title); and to |
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17 | 17 | | create 36.25 (14m) (d), 38.04 (8) (c) and 39.44 (1) (c) of the statutes; relating |
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18 | 18 | | to: race-based higher education programs and requirements. |
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19 | 19 | | Analysis by the Legislative Reference Bureau |
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20 | 20 | | This bill changes certain race-based programs or requirements in higher |
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21 | 21 | | education. In general, the bill modifies these programs and requirements so they |
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22 | 22 | | apply to disadvantaged students rather than minority students. |
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23 | 23 | | HIGHER EDUCATIONAL AIDS BOARD |
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24 | 24 | | Minority teacher loan program |
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25 | 25 | | Under current law, the Higher Educational Aids Board administers a minority |
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26 | 26 | | teacher loan program for minority students who meet certain criteria, including |
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27 | 27 | | being enrolled in a teaching program in a discipline with teacher shortages. A |
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35 | 35 | | 8 - 2 -2023 - 2024 Legislature LRB-4893/1 |
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36 | 36 | | ARG:emw&cjs |
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37 | 37 | | ASSEMBLY BILL 554 |
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38 | 38 | | “minority student” is defined as a student who is a Black American; an American |
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39 | 39 | | Indian or Alaskan native; a Hispanic; a person of Asian or Pacific Island origin; or |
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40 | 40 | | a person whose ancestry includes two or more races. Under the program, HEAB may |
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41 | 41 | | award to an eligible student a loan of up to $10,000 per year for not more than three |
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42 | 42 | | years. The loan is generally repayable, but HEAB must forgive 25 percent of the loan |
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43 | 43 | | for each school year the loan recipient 1) is employed as a full-time teacher in a |
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44 | 44 | | high-demand area related to the recipient's discipline; 2) is employed by a public or |
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45 | 45 | | private school located in a school district in which minority students constitute at |
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46 | 46 | | least 40 percent of pupil enrollment; and 3) receives an educator effectiveness rating |
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47 | 47 | | of proficient or distinguished. |
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48 | 48 | | The bill changes the program so that it is available to disadvantaged students |
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49 | 49 | | rather than minority students. In determining whether a student is disadvantaged, |
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50 | 50 | | the student's race, ethnicity, national origin, gender, sexual orientation, or religion |
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51 | 51 | | may not be considered, either directly or indirectly. This prohibition applies to HEAB |
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52 | 52 | | for all purposes for which it determines whether a student is disadvantaged. The bill |
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53 | 53 | | also changes the criteria for loan forgiveness described in 2, above, so the recipient |
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54 | 54 | | must be employed by a public or private school located in a school district in which |
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55 | 55 | | “economically disadvantaged pupils,” defined as pupils eligible for a free or |
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56 | 56 | | reduced-price lunch, constitute at least 80 percent of pupil enrollment. |
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57 | 57 | | Minority undergraduate grants |
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58 | 58 | | Under current law, HEAB administers a minority undergraduate retention |
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59 | 59 | | grant program for minority undergraduates enrolled in private, nonprofit colleges |
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60 | 60 | | and technical colleges. A “minority undergraduate” is defined as an undergraduate |
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61 | 61 | | student who is a Black American; an American Indian; a Hispanic; or a person |
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62 | 62 | | admitted to the United States after December 31, 1975, who is either a former citizen |
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63 | 63 | | of Laos, Vietnam, or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam, |
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64 | 64 | | or Cambodia (Hmong). HEAB must evenly distribute program funds to private, |
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65 | 65 | | nonprofit colleges and technical colleges, and these receiving colleges must award |
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66 | 66 | | grants to eligible students on the basis of financial need. |
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67 | 67 | | The bill changes the program so that it is available to disadvantaged |
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68 | 68 | | undergraduate students rather than minority undergraduate students. |
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69 | 69 | | Minority student enrollment at Medical College of Wisconsin and Marquette |
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70 | 70 | | University School of Dentistry |
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71 | 71 | | Current law provides state funding to the Medical College of Wisconsin, Inc., |
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72 | 72 | | for certain purposes, but one condition for receiving this funding is that MCW make |
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73 | 73 | | every effort to ensure that at least 5 percent of its total enrollment consists of |
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74 | 74 | | minority students. |
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75 | 75 | | The bill repeals this requirement. |
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76 | 76 | | Current law requires HEAB to facilitate a contract between the state and a |
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77 | 77 | | private, nonprofit dental school for dental education services. The contract must |
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78 | 78 | | incorporate certain requirements, including that the dental school make every effort |
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79 | 79 | | to ensure that at least 5 percent of its total enrollment consists of minority students. |
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80 | 80 | | The bill repeals this requirement. - 3 -2023 - 2024 Legislature |
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82 | 82 | | ARG:emw&cjs |
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83 | 83 | | ASSEMBLY BILL 554 |
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84 | 84 | | UNIVERSITY OF WISCONSIN SYSTEM |
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85 | 85 | | Minority and disadvantaged student programs |
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86 | 86 | | Current law requires the Board of Regents of the University of Wisconsin |
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87 | 87 | | System to fund programs for minority and disadvantaged students enrolled in the |
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88 | 88 | | UW System and programs to recruit minority and disadvantaged students. The |
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89 | 89 | | Board of Regents must also adopt a recruitment and retention plan for minority and |
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90 | 90 | | disadvantaged students. |
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91 | 91 | | Current law requires the Board of Regents to establish a grant program for |
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92 | 92 | | minority and disadvantaged graduate students enrolled in the UW System. |
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93 | 93 | | The bill modifies these provisions to delete reference to the minority status of |
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94 | 94 | | students so they apply only to disadvantaged students. The bill also specifies that, |
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95 | 95 | | in determining whether a student is disadvantaged, the student's race, ethnicity, |
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96 | 96 | | national origin, gender, sexual orientation, or religion may not be considered, either |
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97 | 97 | | directly or indirectly. This prohibition applies to the UW System for all purposes for |
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98 | 98 | | which it determines whether a student is disadvantaged. |
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99 | 99 | | Lawton grants |
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100 | 100 | | Current law requires the Board of Regents to establish a grant program for |
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101 | 101 | | minority undergraduates enrolled in the UW System. The grants are known as |
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102 | 102 | | Lawton grants. A “minority undergraduate” is defined as an undergraduate student |
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103 | 103 | | who is a Black American; an American Indian; a Hispanic; or Hmong. |
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104 | 104 | | The bill changes the Lawton grant program so that Lawton grants are awarded |
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105 | 105 | | to disadvantaged undergraduate students rather than minority undergraduate |
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106 | 106 | | students. |
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107 | 107 | | TECHNICAL COLLEGES |
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108 | 108 | | Minority student participation and retention plan |
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109 | 109 | | Current law requires the Technical College System Board to develop a plan to |
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110 | 110 | | increase minority group member participation and retention in the Technical College |
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111 | 111 | | System. The plan must include certain information, including a review of the |
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112 | 112 | | progress made by the TCS Board and technical colleges in the previous school year. |
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113 | 113 | | A “minority group member" is defined as a Black, a Hispanic, an American Indian, |
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114 | 114 | | an Eskimo, an Aleut, a native Hawaiian, an Asian-Indian, or a person of |
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115 | 115 | | Asian-Pacific origin. |
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116 | 116 | | The bill modifies this requirement so that it applies with respect to |
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117 | 117 | | disadvantaged students rather than minority group members. The bill also specifies |
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118 | 118 | | that, in determining whether a student is disadvantaged, the student's race, |
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119 | 119 | | ethnicity, national origin, gender, sexual orientation, or religion may not be |
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120 | 120 | | considered, either directly or indirectly. This prohibition applies to the TCS Board |
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121 | 121 | | and technical colleges for all purposes for which they determine whether a student |
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122 | 122 | | is disadvantaged. |
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123 | 123 | | Minority student participation and retention grants |
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124 | 124 | | Under current law, the TCS Board, upon application by a technical college, may |
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125 | 125 | | award a grant to the technical college to accomplish specified purposes relating to |
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126 | 126 | | minority students, including the following: providing counseling and tutoring |
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127 | 127 | | services for minority students; pursuing innovative approaches to increasing - 4 -2023 - 2024 Legislature LRB-4893/1 |
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128 | 128 | | ARG:emw&cjs |
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129 | 129 | | ASSEMBLY BILL 554 |
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130 | 130 | | minority student placement and retention in programs that lead to a high earning |
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131 | 131 | | potential; providing internships to minority students preparing for transfer to UW |
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132 | 132 | | System teacher education programs; and recruiting, training, and retaining |
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133 | 133 | | minority students through the use of community-based organizations. A “minority |
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134 | 134 | | student" is defined as a student enrolled in a technical college who is a minority group |
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135 | 135 | | member, as defined above. |
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136 | 136 | | The bill changes this grant program so that grants are awarded for programs |
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137 | 137 | | related to disadvantaged students rather than minority students. |
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138 | 138 | | Incentive grants |
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139 | 139 | | Under current law, the TCS Board awards incentive grants to technical colleges |
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140 | 140 | | for specified purposes. One such purpose is the creation or expansion of adult high |
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141 | 141 | | school, adult basic education, and English as a second language courses. The TCS |
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142 | 142 | | Board must give priority to courses serving students with disabilities or minority, |
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143 | 143 | | unemployed, or disadvantaged students. |
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144 | 144 | | The bill eliminates the priority for courses serving minority students but does |
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145 | 145 | | not affect the priority for courses serving students with disabilities or unemployed |
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146 | 146 | | or disadvantaged students. |
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147 | 147 | | For further information see the state and local fiscal estimate, which will be |
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148 | 148 | | printed as an appendix to this bill. |
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149 | 149 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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150 | 150 | | enact as follows: |
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151 | 151 | | SECTION 1. 36.25 (14) of the statutes is amended to read: |
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152 | 152 | | 36.25 (14) GRADUATE STUDENT FINANCIAL AID. The board shall establish a grant |
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153 | 153 | | program for minority and disadvantaged graduate students enrolled in the system. |
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154 | 154 | | The board shall give preference in awarding grants under this subsection to |
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155 | 155 | | residents of this state. The board may not make a grant under this subsection to a |
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156 | 156 | | person whose name appears on the statewide support lien docket under s. 49.854 (2) |
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157 | 157 | | (b), unless the person provides to the board a payment agreement that has been |
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158 | 158 | | approved by the county child support agency under s. 59.53 (5) and that is consistent |
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159 | 159 | | with rules promulgated under s. 49.858 (2) (a). |
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160 | 160 | | SECTION 2. 36.25 (14m) (title) of the statutes is amended to read: |
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173 | 173 | | SECTION 2 |
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174 | 174 | | ASSEMBLY BILL 554 |
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175 | 175 | | 36.25 (14m) (title) MINORITY AND DISADVANTAGED DISADVANTAGED STUDENT |
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176 | 176 | | PROGRAMS. |
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177 | 177 | | SECTION 3. 36.25 (14m) (a) of the statutes is amended to read: |
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178 | 178 | | 36.25 (14m) (a) The board shall fund programs for recruiting minority and |
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179 | 179 | | disadvantaged students and for minority and disadvantaged students enrolled in the |
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180 | 180 | | system. |
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181 | 181 | | SECTION 4. 36.25 (14m) (b) of the statutes is amended to read: |
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182 | 182 | | 36.25 (14m) (b) By April 15, 1992, and annually thereafter, the board shall |
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183 | 183 | | adopt a precollege, recruitment and retention plan for minority and disadvantaged |
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184 | 184 | | students enrolled in the system. |
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185 | 185 | | SECTION 5. 36.25 (14m) (c) 2. of the statutes is amended to read: |
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186 | 186 | | 36.25 (14m) (c) 2. All financial aid distributed to students, categorized by |
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187 | 187 | | ethnic group, class level and dependency status. The report shall include |
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188 | 188 | | information on financial need, percentage of need satisfied by loan, percentage of |
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189 | 189 | | need satisfied by grant, and the percentage remaining unsatisfied. |
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190 | 190 | | SECTION 6. 36.25 (14m) (d) of the statutes is created to read: |
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191 | 191 | | 36.25 (14m) (d) In determining whether a student is disadvantaged for |
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192 | 192 | | purposes of this chapter, including under this subsection, sub. (14), and s. 36.34, the |
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193 | 193 | | race, ethnicity, national origin, gender, sexual orientation, or religion of the student |
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194 | 194 | | may not be considered, either directly or indirectly. |
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195 | 195 | | SECTION 7. 36.34 (title) and (1) (title) and (a) of the statutes are repealed. |
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196 | 196 | | SECTION 8. 36.34 (1) (b) of the statutes is renumbered 36.34 and amended to |
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197 | 197 | | read: |
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198 | 198 | | 36.34 Ben R. Lawton grant program. The board shall establish a grant |
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199 | 199 | | program for minority undergraduates disadvantaged undergraduate students |
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226 | 226 | | SECTION 8 ASSEMBLY BILL 554 |
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227 | 227 | | enrolled in the system. The board shall designate all grants under this subsection |
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228 | 228 | | section as Lawton grants. The board may not make a grant under this subsection |
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229 | 229 | | section to a person whose name appears on the statewide support lien docket under |
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230 | 230 | | s. 49.854 (2) (b), unless the person provides to the board a payment agreement that |
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231 | 231 | | has been approved by the county child support agency under s. 59.53 (5) and that is |
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232 | 232 | | consistent with rules promulgated under s. 49.858 (2) (a). |
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233 | 233 | | SECTION 9. 38.04 (8) (title) of the statutes is amended to read: |
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234 | 234 | | 38.04 (8) (title) MINORITY DISADVANTAGED STUDENT PARTICIPATION AND RETENTION |
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235 | 235 | | PLAN. |
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236 | 236 | | SECTION 10. 38.04 (8) (a) of the statutes is repealed. |
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237 | 237 | | SECTION 11. 38.04 (8) (b) of the statutes is amended to read: |
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238 | 238 | | 38.04 (8) (b) Annually by January 1, the board shall develop a plan to increase |
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239 | 239 | | minority group member participation and retention in the technical college system |
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240 | 240 | | of disadvantaged students. The plan shall specify each district board's goals and |
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241 | 241 | | objectives for minority group member participation and retention of disadvantaged |
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242 | 242 | | students. The plan shall outline activities and programs that enhance minority |
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243 | 243 | | group member participation and retention of disadvantaged students and shall |
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244 | 244 | | review the progress made by the board and by district boards in the previous school |
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245 | 245 | | year. |
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246 | 246 | | SECTION 12. 38.04 (8) (c) of the statutes is created to read: |
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247 | 247 | | 38.04 (8) (c) In determining whether a student is disadvantaged for purposes |
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248 | 248 | | of this chapter, including under this subsection and ss. 38.26 and 38.27 (1) (a), the |
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249 | 249 | | race, ethnicity, national origin, gender, sexual orientation, or religion of the student |
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250 | 250 | | may not be considered, either directly or indirectly. |
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251 | 251 | | SECTION 13. 38.26 (title) of the statutes is amended to read: |
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279 | 279 | | SECTION 13 |
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280 | 280 | | ASSEMBLY BILL 554 |
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281 | 281 | | 38.26 (title) Minority Disadvantaged student participation and |
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282 | 282 | | retention grants. |
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283 | 283 | | SECTION 14. 38.26 (1) of the statutes is repealed. |
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284 | 284 | | SECTION 15. 38.26 (2) (a), (b), (c), (d) and (e) of the statutes are amended to read: |
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285 | 285 | | 38.26 (2) (a) The creation or expansion of programs that provide counseling and |
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286 | 286 | | tutoring services for minority disadvantaged students. |
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287 | 287 | | (b) Programs that demonstrate innovative approaches to increasing minority |
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288 | 288 | | disadvantaged student placement and retention in technical education programs |
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289 | 289 | | that have a high earning potential for their graduates. |
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290 | 290 | | (c) Providing internships to minority disadvantaged students enrolled in |
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291 | 291 | | programs that prepare their graduates for admission to a teacher education program |
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292 | 292 | | at an institution within the University of Wisconsin System. |
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293 | 293 | | (d) Programs that combine basic skills and occupational training as a means |
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294 | 294 | | of expediting basic skills remediation and increasing retention of minority |
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295 | 295 | | disadvantaged students. |
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296 | 296 | | (e) Programs that use community-based organizations to assist in the |
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297 | 297 | | recruitment, training and retention of minority disadvantaged students. |
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298 | 298 | | SECTION 16. 38.27 (1) (a) of the statutes is amended to read: |
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299 | 299 | | 38.27 (1) (a) The creation or expansion of adult high school, adult basic |
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300 | 300 | | education, and English as a 2nd language courses. The board shall give priority to |
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301 | 301 | | courses serving students with disabilities or minority , unemployed, or |
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302 | 302 | | disadvantaged students. |
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303 | 303 | | SECTION 17. 39.15 (1) (c) of the statutes is repealed. |
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304 | 304 | | SECTION 18. 39.40 (title) of the statutes is amended to read: |
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329 | 329 | | ARG:emw&cjs |
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330 | 330 | | SECTION 18 ASSEMBLY BILL 554 |
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331 | 331 | | 39.40 (title) Minority teacher Teacher loan program for disadvantaged |
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332 | 332 | | students. |
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333 | 333 | | SECTION 19. 39.40 (1) of the statutes is repealed and recreated to read: |
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334 | 334 | | 39.40 (1) In this section, “economically disadvantaged pupil" has the meaning |
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335 | 335 | | given in s. 115.43 (1). |
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336 | 336 | | SECTION 20. 39.40 (2) (intro.) of the statutes is amended to read: |
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337 | 337 | | 39.40 (2) (intro.) The board shall establish a loan program for minority |
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338 | 338 | | disadvantaged students who meet all of the following requirements: |
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339 | 339 | | SECTION 21. 39.40 (3) (b) 1. of the statutes is amended to read: |
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340 | 340 | | 39.40 (3) (b) 1. The recipient is employed as provided in subd. 1m. by a public |
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341 | 341 | | or private elementary or secondary school, or by a tribal school, as defined in s. |
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342 | 342 | | 115.001 (15m), located in a school district in this state in which minority students |
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343 | 343 | | economically disadvantaged pupils constitute at least 40 80 percent of the |
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344 | 344 | | membership, as defined in s. 121.004 (5). |
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345 | 345 | | SECTION 22. 39.44 (title) of the statutes is repealed and recreated to read: |
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346 | 346 | | 39.44 (title) Grants for disadvantaged undergraduate students. |
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347 | 347 | | SECTION 23. 39.44 (1) (a) of the statutes is repealed. |
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348 | 348 | | SECTION 24. 39.44 (1) (b) of the statutes is amended to read: |
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349 | 349 | | 39.44 (1) (b) There is established, to be administered by the board, the minority |
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350 | 350 | | undergraduate retention a grant program for minority undergraduates the retention |
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351 | 351 | | of disadvantaged undergraduate students enrolled in private, nonprofit higher |
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352 | 352 | | educational institutions in this state or in technical colleges in this state. |
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353 | 353 | | SECTION 25. 39.44 (1) (c) of the statutes is created to read: |
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354 | 354 | | 39.44 (1) (c) In determining whether a student is disadvantaged for purposes |
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355 | 355 | | of this subchapter, including under this section and s. 39.40, the race, ethnicity, |
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380 | 380 | | 25 - 9 -2023 - 2024 Legislature |
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381 | 381 | | LRB-4893/1 |
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382 | 382 | | ARG:emw&cjs |
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383 | 383 | | SECTION 25 |
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384 | 384 | | ASSEMBLY BILL 554 |
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385 | 385 | | national origin, gender, sexual orientation, or religion of the student may not be |
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386 | 386 | | considered, either directly or indirectly. |
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387 | 387 | | SECTION 26. 39.44 (3) (c) of the statutes is amended to read: |
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388 | 388 | | 39.44 (3) (c) Annually report to the board the number of awards made, the |
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389 | 389 | | amount of each award, the minority disadvantaged status of each recipient, other |
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390 | 390 | | financial aid awards made to each recipient, and the total amount of financial aid |
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391 | 391 | | made available to the eligible students. |
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392 | 392 | | SECTION 27. 39.46 (2) (g) of the statutes is repealed. |
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393 | 393 | | SECTION 28.0Initial applicability. |
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394 | 394 | | (1) The treatment of ss. 36.25 (14) and (14m) (title), (a), (b), (c) 2., and (d), 36.34 |
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395 | 395 | | (title) and (1) (title) and (a), 38.04 (8) (title), (a), (b), and (c), 38.26 (title), (1), and (2) |
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396 | 396 | | (a), (b), (c), (d), and (e), 38.27 (1) (a), 39.15 (1) (c), 39.44 (title), (1) (a), (b), and (c), and |
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397 | 397 | | (3) (c), and 39.46 (2) (g) and the renumbering and amendment of s. 36.34 (1) (b) first |
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398 | 398 | | apply in the 2024-25 academic year. |
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399 | 399 | | (2) The treatment of s. 39.40 (title), (1), (2) (intro.), and (3) (b) 1. first applies |
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400 | 400 | | to loans made on the effective date of this subsection. |
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401 | 401 | | (END) |
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