2023 - 2024 LEGISLATURE
LRB-4893/1
ARG:emw&cjs
2023 ASSEMBLY BILL 554
October 24, 2023 - Introduced by Representatives RETTINGER, MAGNAFICI, ALLEN,
BEHNKE, BRANDTJEN, CALLAHAN, DALLMAN, DITTRICH, GOEBEN, GUNDRUM,
KRUG, MAXEY, MURPHY, NEDWESKI, O'CONNOR and ROZAR, cosponsored by
Senators WIMBERGER, WANGGAARD and NASS. Referred to Committee on
Colleges and Universities.
1 AN ACT to repeal 36.34 (title) and (1) (title) and (a), 38.04 (8) (a), 38.26 (1), 39.15
2 (1) (c), 39.44 (1) (a) and 39.46 (2) (g); to renumber and amend 36.34 (1) (b);
3 to amend 36.25 (14), 36.25 (14m) (title), 36.25 (14m) (a), 36.25 (14m) (b), 36.25
4 (14m) (c) 2., 38.04 (8) (title), 38.04 (8) (b), 38.26 (title), 38.26 (2) (a), (b), (c), (d)
5 and (e), 38.27 (1) (a), 39.40 (title), 39.40 (2) (intro.), 39.40 (3) (b) 1., 39.44 (1) (b)
6 and 39.44 (3) (c); to repeal and recreate 39.40 (1) and 39.44 (title); and to
7 create 36.25 (14m) (d), 38.04 (8) (c) and 39.44 (1) (c) of the statutes; relating
8 to: race-based higher education programs and requirements.
Analysis by the Legislative Reference Bureau
This bill changes certain race-based programs or requirements in higher
education. In general, the bill modifies these programs and requirements so they
apply to disadvantaged students rather than minority students.
HIGHER EDUCATIONAL AIDS BOARD
Minority teacher loan program
Under current law, the Higher Educational Aids Board administers a minority
teacher loan program for minority students who meet certain criteria, including
being enrolled in a teaching program in a discipline with teacher shortages. A
2023 - 2024 Legislature -2- LRB-4893/1
ARG:emw&cjs
ASSEMBLY BILL 554
“minority student” is defined as a student who is a Black American; an American
Indian or Alaskan native; a Hispanic; a person of Asian or Pacific Island origin; or
a person whose ancestry includes two or more races. Under the program, HEAB may
award to an eligible student a loan of up to $10,000 per year for not more than three
years. The loan is generally repayable, but HEAB must forgive 25 percent of the loan
for each school year the loan recipient 1) is employed as a full-time teacher in a
high-demand area related to the recipient's discipline; 2) is employed by a public or
private school located in a school district in which minority students constitute at
least 40 percent of pupil enrollment; and 3) receives an educator effectiveness rating
of proficient or distinguished.
The bill changes the program so that it is available to disadvantaged students
rather than minority students. In determining whether a student is disadvantaged,
the student's race, ethnicity, national origin, gender, sexual orientation, or religion
may not be considered, either directly or indirectly. This prohibition applies to HEAB
for all purposes for which it determines whether a student is disadvantaged. The bill
also changes the criteria for loan forgiveness described in 2, above, so the recipient
must be employed by a public or private school located in a school district in which
“economically disadvantaged pupils,” defined as pupils eligible for a free or
reduced-price lunch, constitute at least 80 percent of pupil enrollment.
Minority undergraduate grants
Under current law, HEAB administers a minority undergraduate retention
grant program for minority undergraduates enrolled in private, nonprofit colleges
and technical colleges. A “minority undergraduate” is defined as an undergraduate
student who is a Black American; an American Indian; a Hispanic; or a person
admitted to the United States after December 31, 1975, who is either a former citizen
of Laos, Vietnam, or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam,
or Cambodia (Hmong). HEAB must evenly distribute program funds to private,
nonprofit colleges and technical colleges, and these receiving colleges must award
grants to eligible students on the basis of financial need.
The bill changes the program so that it is available to disadvantaged
undergraduate students rather than minority undergraduate students.
Minority student enrollment at Medical College of Wisconsin and Marquette
University School of Dentistry
Current law provides state funding to the Medical College of Wisconsin, Inc.,
for certain purposes, but one condition for receiving this funding is that MCW make
every effort to ensure that at least 5 percent of its total enrollment consists of
minority students.
The bill repeals this requirement.
Current law requires HEAB to facilitate a contract between the state and a
private, nonprofit dental school for dental education services. The contract must
incorporate certain requirements, including that the dental school make every effort
to ensure that at least 5 percent of its total enrollment consists of minority students.
The bill repeals this requirement.
 LRB-4893/1
2023 - 2024 Legislature -3- ARG:emw&cjs
ASSEMBLY BILL 554
UNIVERSITY OF WISCONSIN SYSTEM
Minority and disadvantaged student programs
Current law requires the Board of Regents of the University of Wisconsin
System to fund programs for minority and disadvantaged students enrolled in the
UW System and programs to recruit minority and disadvantaged students. The
Board of Regents must also adopt a recruitment and retention plan for minority and
disadvantaged students.
Current law requires the Board of Regents to establish a grant program for
minority and disadvantaged graduate students enrolled in the UW System.
The bill modifies these provisions to delete reference to the minority status of
students so they apply only to disadvantaged students. The bill also specifies that,
in determining whether a student is disadvantaged, the student's race, ethnicity,
national origin, gender, sexual orientation, or religion may not be considered, either
directly or indirectly. This prohibition applies to the UW System for all purposes for
which it determines whether a student is disadvantaged.
Lawton grants
Current law requires the Board of Regents to establish a grant program for
minority undergraduates enrolled in the UW System. The grants are known as
Lawton grants. A “minority undergraduate” is defined as an undergraduate student
who is a Black American; an American Indian; a Hispanic; or Hmong.
The bill changes the Lawton grant program so that Lawton grants are awarded
to disadvantaged undergraduate students rather than minority undergraduate
students.
TECHNICAL COLLEGES
Minority student participation and retention plan
Current law requires the Technical College System Board to develop a plan to
increase minority group member participation and retention in the Technical College
System. The plan must include certain information, including a review of the
progress made by the TCS Board and technical colleges in the previous school year.
A “minority group member" is defined as a Black, a Hispanic, an American Indian,
an Eskimo, an Aleut, a native Hawaiian, an Asian-Indian, or a person of
Asian-Pacific origin.
The bill modifies this requirement so that it applies with respect to
disadvantaged students rather than minority group members. The bill also specifies
that, in determining whether a student is disadvantaged, the student's race,
ethnicity, national origin, gender, sexual orientation, or religion may not be
considered, either directly or indirectly. This prohibition applies to the TCS Board
and technical colleges for all purposes for which they determine whether a student
is disadvantaged.
Minority student participation and retention grants
Under current law, the TCS Board, upon application by a technical college, may
award a grant to the technical college to accomplish specified purposes relating to
minority students, including the following: providing counseling and tutoring
services for minority students; pursuing innovative approaches to increasing
 2023 - 2024 Legislature -4- LRB-4893/1
ARG:emw&cjs
ASSEMBLY BILL 554
minority student placement and retention in programs that lead to a high earning
potential; providing internships to minority students preparing for transfer to UW
System teacher education programs; and recruiting, training, and retaining
minority students through the use of community-based organizations. A “minority
student" is defined as a student enrolled in a technical college who is a minority group
member, as defined above.
The bill changes this grant program so that grants are awarded for programs
related to disadvantaged students rather than minority students.
Incentive grants
Under current law, the TCS Board awards incentive grants to technical colleges
for specified purposes. One such purpose is the creation or expansion of adult high
school, adult basic education, and English as a second language courses. The TCS
Board must give priority to courses serving students with disabilities or minority,
unemployed, or disadvantaged students.
The bill eliminates the priority for courses serving minority students but does
not affect the priority for courses serving students with disabilities or unemployed
or disadvantaged students.
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:
1 SECTION 1. 36.25 (14) of the statutes is amended to read:
2 36.25 (14) GRADUATE STUDENT FINANCIAL AID. The board shall establish a grant
3 program for minority and disadvantaged graduate students enrolled in the system.
4 The board shall give preference in awarding grants under this subsection to
5 residents of this state. The board may not make a grant under this subsection to a
6 person whose name appears on the statewide support lien docket under s. 49.854 (2)
7 (b), unless the person provides to the board a payment agreement that has been
8 approved by the county child support agency under s. 59.53 (5) and that is consistent
9 with rules promulgated under s. 49.858 (2) (a).
10 SECTION 2. 36.25 (14m) (title) of the statutes is amended to read:
 LRB-4893/1
2023 - 2024 Legislature -5- ARG:emw&cjs
ASSEMBLY BILL 554 SECTION 2
1 36.25 (14m) (title) MINORITY AND DISADVANTAGED DISADVANTAGED STUDENT
2 PROGRAMS.
3 SECTION 3. 36.25 (14m) (a) of the statutes is amended to read:
4 36.25 (14m) (a) The board shall fund programs for recruiting minority and
5 disadvantaged students and for minority and disadvantaged students enrolled in the
6 system.
7 SECTION 4. 36.25 (14m) (b) of the statutes is amended to read:
8 36.25 (14m) (b) By April 15, 1992, and annually thereafter, the board shall
9 adopt a precollege, recruitment and retention plan for minority and disadvantaged
10 students enrolled in the system.
11 SECTION 5. 36.25 (14m) (c) 2. of the statutes is amended to read:
12 36.25 (14m) (c) 2. All financial aid distributed to students, categorized by
13 ethnic group, class level and dependency status. The report shall include
14 information on financial need, percentage of need satisfied by loan, percentage of
15 need satisfied by grant, and the percentage remaining unsatisfied.
16 SECTION 6. 36.25 (14m) (d) of the statutes is created to read:
17 36.25 (14m) (d) In determining whether a student is disadvantaged for
18 purposes of this chapter, including under this subsection, sub. (14), and s. 36.34, the
19 race, ethnicity, national origin, gender, sexual orientation, or religion of the student
20 may not be considered, either directly or indirectly.
21 SECTION 7. 36.34 (title) and (1) (title) and (a) of the statutes are repealed.
22 SECTION 8. 36.34 (1) (b) of the statutes is renumbered 36.34 and amended to
23 read:
24 36.34 Ben R. Lawton grant program. The board shall establish a grant
25 program for minority undergraduates disadvantaged undergraduate students
 2023 - 2024 Legislature -6- LRB-4893/1
ARG:emw&cjs
ASSEMBLY BILL 554 SECTION 8
1 enrolled in the system. The board shall designate all grants under this subsection
2 section as Lawton grants. The board may not make a grant under this subsection
3 section to a person whose name appears on the statewide support lien docket under
4 s. 49.854 (2) (b), unless the person provides to the board a payment agreement that
5 has been approved by the county child support agency under s. 59.53 (5) and that is
6 consistent with rules promulgated under s. 49.858 (2) (a).
7 SECTION 9. 38.04 (8) (title) of the statutes is amended to read:
8 38.04 (8) (title) MINORITY DISADVANTAGED STUDENT PARTICIPATION AND RETENTION
9 PLAN.
10 SECTION 10. 38.04 (8) (a) of the statutes is repealed.
11 SECTION 11. 38.04 (8) (b) of the statutes is amended to read:
12 38.04 (8) (b) Annually by January 1, the board shall develop a plan to increase
13 minority group member participation and retention in the technical college system
14 of disadvantaged students. The plan shall specify each district board's goals and
15 objectives for minority group member participation and retention of disadvantaged
16 students. The plan shall outline activities and programs that enhance minority
17 group member participation and retention of disadvantaged students and shall
18 review the progress made by the board and by district boards in the previous school
19 year.
20 SECTION 12. 38.04 (8) (c) of the statutes is created to read:
21 38.04 (8) (c) In determining whether a student is disadvantaged for purposes
22 of this chapter, including under this subsection and ss. 38.26 and 38.27 (1) (a), the
23 race, ethnicity, national origin, gender, sexual orientation, or religion of the student
24 may not be considered, either directly or indirectly.
25 SECTION 13. 38.26 (title) of the statutes is amended to read:
 LRB-4893/1
2023 - 2024 Legislature -7- ARG:emw&cjs
ASSEMBLY BILL 554 SECTION 13
1 38.26 (title) Minority Disadvantaged student participation and
2 retention grants.
3 SECTION 14. 38.26 (1) of the statutes is repealed.
4 SECTION 15. 38.26 (2) (a), (b), (c), (d) and (e) of the statutes are amended to read:
5 38.26 (2) (a) The creation or expansion of programs that provide counseling and
6 tutoring services for minority disadvantaged students.
7 (b) Programs that demonstrate innovative approaches to increasing minority
8 disadvantaged student placement and retention in technical education programs
9 that have a high earning potential for their graduates.
10 (c) Providing internships to minority disadvantaged students enrolled in
11 programs that prepare their graduates for admission to a teacher education program
12 at an institution within the University of Wisconsin System.
13 (d) Programs that combine basic skills and occupational training as a means
14 of expediting basic skills remediation and increasing retention of minority
15 disadvantaged students.
16 (e) Programs that use community-based organizations to assist in the
17 recruitment, training and retention of minority disadvantaged students.
18 SECTION 16. 38.27 (1) (a) of the statutes is amended to read:
19 38.27 (1) (a) The creation or expansion of adult high school, adult basic
20 education, and English as a 2nd language courses. The board shall give priority to
21 courses serving students with disabilities or minority, unemployed, or
22 disadvantaged students.
23 SECTION 17. 39.15 (1) (c) of the statutes is repealed.
24 SECTION 18. 39.40 (title) of the statutes is amended to read:
 2023 - 2024 Legislature -8- LRB-4893/1
ARG:emw&cjs
ASSEMBLY BILL 554 SECTION 18
1 39.40 (title) Minority teacher Teacher loan program for disadvantaged
2 students.
3 SECTION 19. 39.40 (1) of the statutes is repealed and recreated to read:
4 39.40 (1) In this section, “economically disadvantaged pupil" has the meaning
5 given in s. 115.43 (1).
6 SECTION 20. 39.40 (2) (intro.) of the statutes is amended to read:
7 39.40 (2) (intro.) The board shall establish a loan program for minority
8 disadvantaged students who meet all of the following requirements:
9 SECTION 21. 39.40 (3) (b) 1. of the statutes is amended to read:
10 39.40 (3) (b) 1. The recipient is employed as provided in subd. 1m. by a public
11 or private elementary or secondary school, or by a tribal school, as defi