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36.27(2)(a)
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Students qualifying under any of the following categories, while they continue to be residents of
this state, are entitled to exemption from nonresident tuition but not from incidental or other
fees:
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| 1. | Any adult student who has been a bona fide resident of the
state for 12 months next preceding the beginning of any semester or session for which such
student registers at an institution.
| | 2. | Any minor student, if one or both of the student's
parents have been bona fide residents of this state for at least 12 months next preceding
the beginning of any semester or session for which the student registers at an institution.
| | 3. | Any adult student who is a dependent of his or
her parents under 26 USC 152(a), if one or both of the student's parents have been bona fide
residents of this state for at least 12 months next preceding the beginning of any semester
or session for which the student registers at an institution.
| | 4. | Any minor student who has resided substantially
in this state during the years of minority and at least 12 months next preceding the
beginning of any semester or session for which such student registers at an institution.
| | 5. | Any minor student under guardianship in this
state pursuant to ch. 48 or 880 whose legal guardian has been a bona fide resident of this
state for at least 12 months next preceding the beginning of any semester or session for
which such student registers at an institution.
| | 6. | Any adult student who has been employed as a
migrant worker for at least 2 months each year for 3 of the 5 years next preceding the
beginning of any semester or session for which the student registers at an institution, or
for at least 3 months each year for 2 of the 5 years next preceding the beginning of any
semester or session for which the student registers at an institution, any adult student
whose parent or legal guardian has been so employed while the student was a minor and any
minor student whose parent or legal guardian has been so employed. In this subdivision,
"migrant worker" has the meaning specified in s. 103.90(5).
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36.27(2)(am)
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Any person who is a refugee, as defined under 8 USC 1101(a)(42), who moved to this state
immediately upon arrival in the United States and who has resided in this state continuously
since then is entitled to the exemption under par. (a) if he or she demonstrates an intent to
establish and maintain a permanent home in Wisconsin according to the criteria under par. (e).
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36.27(2)(b)
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| 1. | Nonresident members of the armed forces and persons
engaged in alternative service who are stationed in this state on active duty and their spouses
and children are entitled to the exemption under par. (a) during the period that such persons
are stationed in this state.
| | 2. | Members of the armed forces who reside in this state
and are stationed at a federal military installation located within 90 miles of the borders of
this state, and their spouses and children, are entitled to the exemption under par. (a).
| | 3. | Nonresident persons who served in active duty in the
U.S. armed forces for at least 10 years, who were honorably discharged from such service within
4 years before registering at an institution, and who filed state income tax returns for at
least 8 of the last 10 years of active duty in the U.S. armed forces, and their spouses and
children are entitled to the exemption under par. (a).
| | 4. | A person who was a resident of this state at the time of entry into active duty, who is a resident of and living in this state at the time of registering at an institution, and who is a veteran, as defined in s. 45.01(12), is entitled to the exemption under par. (a). |
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36.27(2)(c)
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Any student who is a graduate of a Wisconsin high school and whose parents are bona fide
residents of this state for 12 months next preceding the beginning of any semester or session
for which the student registers at an institution or whose last surviving parent was a bona
fide resident of this state for the 12 months preceding death is entitled to the exemption
under par. (a).
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36.27(2)(cm)
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Any person continuously employed full time in this state, who was relocated to this state by
his or her current employer or who moved to this state for employment purposes and accepted his
or her current employment before applying for admission to an institution and before moving,
and the spouse and dependents of any such person, are entitled to the exemption under par. (a)
if the student demonstrates an intent to establish and maintain a permanent home in Wisconsin
according to the criteria under par. (e). In this paragraph, "dependents" has the meaning given
in 26 USC 152(a).
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36.27(2)(d)
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Any person who has not been a bona fide resident of the state for 12 months next
preceding the beginning of any semester or session for which such person registers at an
institution, except as provided in this subsection, is not exempt from the payment of the
nonresident tuition.
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36.27(2)(e)
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In determining bona fide residence at the time of the beginning of any semester or session and
for the preceding 12 months the intent of the person to establish and maintain a permanent home
in Wisconsin is determinative. In addition to representations by the student, intent may be
demonstrated or disproved by factors including, but not limited to, timely filing of a Wisconsin
income tax return of a type that only full-year Wisconsin residents may file, voter registration
in Wisconsin, motor vehicle registration in Wisconsin, possession of a Wisconsin operator's
license, place of employment, self support, involvement in community activities in Wisconsin,
physical presence in Wisconsin for at least 12 months preceding the beginning of the semester or
session for which the student registers, and, if the student is not a U.S. citizen, possession
of a visa that permits indefinite residence in the United States. Notwithstanding par. (a), a
student who enters and remains in this state principally to obtain an education is presumed to
continue to reside outside this state and such presumption continues in effect until rebutted
by clear and convincing evidence of bona fide residence.
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36.27(2)(2m)
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APPEALS. Any body designated by the board to determine nonresident tuition exemptions under
sub. (2) may require a student who has been granted such an exemption to submit information
from which the body may determine the student's eligibility for the exemption, the student's
eligibility for a different exemption or the student's residency status.
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