Wis. Stat. § 321.40 — WI Code / Chapter 321 / Section 321.40
Educational benefits.
Status: in_force

(1) Definitions. In this section:

(a) “Full-time study” means a credit load of 12 or more academic credits in an academic term.

(b) “Guard member” means any person who is a member of the national guard.

(c) “Qualifying school” means any of the following:

1. The extension division and any campus of the University of Wisconsin System.

2. A public institution of higher education under the Minnesota-University of Wisconsin System student reciprocity agreement under s. 36.27 (2r) or a public vocational school under the Minnesota-Wisconsin public vocational school reciprocity agreement under s. 39.47 .

3. A public institution of higher education under an interstate agreement under s. 39.42 .

4. Except as provided in subds. 2. and 3. , an accredited institution of higher education located in this state, as defined in 20 USC 1002 .

5. Any technical college established under ch. 38 .

(d) “Tuition grant” means any tuition cost payment made by the department under sub. (3) .

(2) Eligible guard member. Eligibility for a tuition grant under this section is limited to a guard member who is not:

(a) An officer.

(b) An individual with a baccalaureate degree or its equivalent.

(c) Failing to meet the national guard duty eligibility criteria established by the department or absent without leave for more than 9 unit training assemblies.

(d) Delinquent in child support or maintenance payments and who does not owe past support, medical expenses or birth expenses, as established by the appearance of the guard member’s name on the statewide support lien docket under s. 49.854 (2) (b) , unless the guard member provides to the department a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a) .

(e) Failing to achieve satisfactory academic progress in a qualifying school when the tuition grant is applied for.

(f) Failing to be an actively drilling guard member when the tuition grant is applied for.

(3) Tuition grants.

(a) Any eligible guard member enrolled in a full-time or part-time course in a qualifying school may apply for a tuition grant equal to 100 percent of the actual tuition charged by the school or 100 percent of the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for a comparable number of credits, whichever amount is less. In calculating the maximum resident undergraduate tuition charged by the University of Wisconsin-Madison for purposes of this paragraph, the department shall include in the calculation all additional tuition established or approved by the Board of Regents of the University of Wisconsin System under s. 36.27 (1) (a) for undergraduate students at the University of Wisconsin-Madison and for students enrolled in a particular undergraduate academic program at the University of Wisconsin-Madison if the eligible guard member is enrolled in the same or equivalent program.

(b) Application for tuition grants shall:

1. Be submitted to the department for approval of payment no earlier than 90 days prior to the start of the course and no later than 90 days after the completion date of the course; and

2. Contain such information and be in such form as the department requires to establish that the applicant qualifies for the grant.

(c) Except as provided under par. (d) , upon determination that the applicant is eligible to receive the payment, the department shall make payment of the tuition grant, on behalf of the applicant, to the qualifying school in which the applicant is enrolled in the amount determined under par. (a) . Notwithstanding par. (b) 2. , the department shall rely on a qualifying school’s certification in determining that an applicant is eligible under sub. (2) (e) to receive the payment and the department shall make the payment not later than 30 days after the department receives the certification.

(d) Tuition grants under this section shall be paid out of the appropriation under s. 20.465 (2) (a) .

(4) Repayment of grants.

(a) The department shall require a guard member who has received a tuition grant under this section to repay the amount of the tuition grant to the department if any of the following applies:

1. The guard member is separated from the national guard for misconduct, as defined in the rules and regulations of the national guard, including being absent without leave for more than 9 unit training assemblies.

2. The guard member is not a member in good standing in the national guard at the end of the term for which the tuition grant is paid.

3. The guard member has failed to be an actively drilling guard member at the end of the term for which the tuition grant is paid.

4. The guard member has failed to achieve satisfactory academic progress at the end of the term for which the tuition grant is paid.

(b)

1. A qualifying school that receives payment of a tuition grant on behalf of a guard member under sub. (3) (c) shall notify the department if the guard member has failed to achieve satisfactory academic progress at the end of the term for which the tuition grant is paid.

2. If a guard member is required to repay a tuition grant for any of the reasons specified in par. (a) , the department may require the qualifying school that received the tuition grant on behalf of the guard member to recover from the guard member the amount of the tuition grant and remit it to the department. A qualifying school may take any reasonable action to secure repayment of the amount of a tuition grant under this subdivision, including placing a hold on course registration or on the awarding of a degree or certificate, undertaking collection efforts, or initiating legal action.

(c) The department may elect to collect the amount owed under this subsection through the tax intercept program under s. 71.93 .

(5) Limitations.

(a) No guard member is eligible for a tuition grant under this section for more than 120 credits of part-time study or 8 full semesters of full-time study or the equivalent thereof.

(b) If the U.S. congress establishes an active draft after July 1, 1977, no new tuition grants may be authorized under this section. The department shall determine if an active draft has been established. Any termination of the tuition grant program under this paragraph shall allow persons receiving grants prior to the establishment of an active draft to receive full benefits subject to sub. (3) (d) and par. (a) .

(c) No guard member may receive a tuition grant under sub. (3) for any semester in which he or she received a payment under s. 45.20 (2) .

(d) No guard member may receive a tuition grant under this section unless he or she is a member in good standing in the national guard at the time of application for the tuition grant.

(6) Coordination with qualifying schools. The department shall consult and coordinate with qualifying schools in establishing a process for distributing tuition grants that accomplishes all of the following:

(a) Maximizes administrative efficiency for qualifying schools in applying tuition grants to student accounts.

(b) Provides tuition grants to students in an expeditious manner that minimizes students’ need to incur debt while waiting for the grants to fund in their student accounts.

History: 1977 c. 29 , 418 ; 1981 c. 20 ; 1985 a. 29 ; 1987 a. 27 , 403 ; 1989 a. 31 ; 1991 a. 39 , 269 ; 1993 a. 399 ; 1995 a. 19 ; 1995 a. 27 , ss. 1219t to 1223 , 9127 (1) ; 1995 a. 404 ; 1997 a. 27 , 237 ; 1999 a. 9 ; 2001 a. 16 ; 2003 a. 33 , 69 , 83 ; 2005 a. 22 , 25 ; 2007 a. 20 ; 2007 a. 200 ss. 107 , 109 to 120 , 222 to 223 ; Stats. 2007 s. 321.40; 2009 a. 179 , 180 ; 2011 a. 32 ; 2013 a. 20 ; 2015 a. 55 ; 2017 a. 123 ; 2017 a. 364 s. 49 ; 2023 a. 104 , 117 .