Analysis Prepared by the Wisconsin Technical College System Board
Statutes interpreted
Section 38.22 (6), Stats.
Statutory authority
Sections 15.64, 38.22 (4) and (6), Stats.
Explanation of agency authority
Pursuant to s. 38.22 (4), Stats., the Technical College System Board shall establish procedures to determine the residence of students attending district schools.
Related statute or rule
2009 Wisconsin Act 28 and s. 38.22 (6), Stats.
Plain language analysis
The 2009-11 state budget bill, 2009 Wisconsin Act 28, added new state residency provisions for tuition purposes for persons who are not residents of the state, but who are enrolled in a technical college district and who meet three eligibility requirements: they graduated from a Wisconsin high school or received a Wisconsin HSED; they have been continuously present in the state for the three years following their enrollment in a Wisconsin high school or preceding receipt of a Wisconsin HSED; and upon enrollment in a technical college, they demonstrate proof of filing (or intent to file) for a permanent U.S. resident visa as soon as they are eligible. In addition, previous legislation added s. 38.22 (6) (f) relating to the residency status for tuition purposes for certain veterans, which was never codified into administrative rule.
Comparison with federal regulations
Not applicable.
Comparison with rules in adjacent states
Not applicable.
Summary of factual data and analytical methodologies
Not applicable.
Text of Rule
SECTION 1. TCS 10.03 (3) (e) and (f) are created to read:
TCS 10.03 (3) (e) Any person who is a citizen of a country other than the United States if that person meets all of the following requirements:
1. The person graduated from a high school in this state or received declaration of equivalency of high school graduation from this state.
2. The person was continuously present in this state for at least 3 years following the first day of attending a high school in this state or immediately preceding receipt of a declaration of equivalency of high school graduation.
3. The person enrolls in a district school and provides the district board with proof that the person has filed or will file an application for a permanent resident visa with U.S. Citizenship and Immigration Services as soon as the person is eligible to do so.
(f) Any person verified by the department of veterans affairs as being a resident of this state under s. 38.24 (8) (a), Stats.
Small Business Impact
Not applicable.
Fiscal Estimate
The functions required by this rule can be absorbed within existing staff. Therefore, there is no fiscal effect on the agency.
Contact Person
Questions concerning this rule may be directed to Morna Foy, Executive Assistant, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874; telephone (608) 266-2449, e-mail morna.foy@wtcsystem.edu.
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