SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 367
January 11, 2024 - Offered by Senator Cabral-Guevara.
SB367-SSA1,1,4 1An Act to amend 36.11 (3) (a) and 119.04 (1); and to create 36.11 (3m) and
2118.58 of the statutes; relating to: guaranteed admission to University of
3Wisconsin System institutions and requiring high schools to prepare class
4rankings for certain pupils.
Analysis by the Legislative Reference Bureau
This bill requires the Board of Regents of the University of Wisconsin System
to establish a guaranteed admission program for applicants who rank in the top of
their high school class and requires an annual class ranking of some high school
pupils at the end of 11th grade.
The bill requires school boards, charter school operators, and governing bodies
of private schools and tribal schools that operate high schools to prepare a class
ranking of pupils on the sole basis of the pupil's grade point average at the end of 11th
grade if there are at least 15 pupils in the class. However, this requirement does not
apply to virtual private schools. The class ranking must identify pupils who rank in
the top 5 percent and in the top 10 percent, respectively, of their high school class,
and may include the class ranking of other pupils as well. The school board, charter
school operator, or governing body must 1) provide notice of ranking to each pupil
ranked in the top 10 percent of the pupil's high school class that the pupil is ranked,
as applicable, in the top 5 percent or in the top 10 percent of the class; and 2) include

that the pupil is ranked in the top 5 percent or top 10 percent of the class on the pupil's
high school transcript. If a high school's class enrollment is at least 15 but less than
20 pupils, the highest ranked pupil in the class is considered to be in the top 5 percent
and the 2nd highest ranked pupil is considered to be in the top 10 percent.
The bill provides that, under the UW System guaranteed admission program,
an applicant is eligible for guaranteed admission to the UW System institution of the
applicant's choice, with one exception, if the applicant satisfies any of the following
criteria: 1) the applicant is enrolled in a public, private, or tribal high school in
Wisconsin and is ranked in the top 10 percent of the applicant's high school class in
the ranking described above; 2) the applicant is homeschooled or enrolled in a virtual
private school and achieves an ACT examination score that places the applicant in
the national 90th percentile ranking or higher; or 3) the applicant is a National Merit
Scholarship finalist. Under the exception, an applicant is eligible for guaranteed
admission to UW-Madison as provided in item 1, above, only if the applicant is
ranked in the top 5 percent of the class or as provided in item 2, above, only if the
applicant has achieved a score in the 98th percentile or higher. The program applies
only to an applicant who applies for admission as a first-year undergraduate student
during the applicant's fourth year of high school or final year of homeschooling or
enrollment in a virtual private school. An applicant for admission under the
guaranteed admission program must also submit a timely and complete application,
and, if the application is for admission to UW-Madison, the application must be
submitted by the early action deadline. The applicant must also complete any range
of courses required of all applicants for admission. A UW System institution may
revoke an offer of admission if the applicant fails to receive a high school diploma,
engages in academic misconduct, experiences significantly declining grades after the
application is submitted, or misrepresents the applicant's class rank, ACT
examination score, or status as a National Merit Scholarship finalist.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB367-SSA1,1 1Section 1 . 36.11 (3) (a) of the statutes is amended to read:
SB367-SSA1,2,62 36.11 (3) (a) The Subject to sub. (3m), the board shall establish the policies for
3admission within the system and within these policies each institution shall
4establish specific requirements for admission to its courses of instruction. No
5sectarian or partisan tests or any tests based upon race, religion, national origin of
6U.S. citizens or sex shall ever be allowed in the admission of students thereto.
SB367-SSA1,2 7Section 2 . 36.11 (3m) of the statutes is created to read:
SB367-SSA1,3,1
136.11 (3m) Guaranteed admission program. (a) In this subsection:
SB367-SSA1,3,32 1. “College entrance examination score” means a composite ACT examination
3score resulting from a single test date.
SB367-SSA1,3,54 2. “Home-based private educational program” has the meaning given in s.
5115.001 (3g).
SB367-SSA1,3,66 3. “Virtual private school” has the meaning given in s. 118.58 (1).
SB367-SSA1,3,97 (b) The board shall establish a guaranteed admission program under which an
8applicant for undergraduate admission shall be admitted to the institution of the
9applicant's choice if the applicant satisfies the requirements under this subsection.
SB367-SSA1,3,1110 (c) An applicant is eligible for guaranteed admission to an institution if all of
11the following apply:
SB367-SSA1,3,1512 1. The applicant applies to the institution for admission as a first-year
13undergraduate student during the applicant's 4th year of high school or final year
14of enrollment in a home-based private educational program in this state or in a
15virtual private school.
SB367-SSA1,3,1716 2. Except as provided in par. (d), the applicant satisfies any of the following
17criteria:
SB367-SSA1,3,2018 a. The applicant is enrolled in a public, private, or tribal high school in this state
19and the applicant is ranked in the top 10 percent of the applicant's high school class,
20as determined under s. 118.58.
SB367-SSA1,3,2421 b. The applicant is enrolled in a home-based private educational program in
22this state, or in a virtual private school and the applicant is a resident of this state,
23and the applicant achieves a college entrance examination score that places the
24applicant in the national 90th percentile ranking or higher.
SB367-SSA1,4,4
1c. The applicant has been designated as a finalist in the National Merit
2Scholarship Program administered by the National Merit Scholarship Corporation
3or has achieved an equivalent designation under a successor program or by a
4successor organization.
SB367-SSA1,4,75 3. The applicant has submitted a complete application by the regular decision
6application deadline, except that an applicant to the University of
7Wisconsin-Madison shall submit the application by the early action deadline.
SB367-SSA1,4,108 4. The applicant has completed any range of courses that the board has
9established as required for admission for all applicants, including those who do not
10apply under this subsection.
SB367-SSA1,4,1211 (d) An applicant is eligible for guaranteed admission to the University of
12Wisconsin-Madison only if the applicant satisfies any of the following criteria:
SB367-SSA1,4,1513 1. The applicant is enrolled in a public, private, or tribal high school in this state
14and the applicant is ranked in the top 5 percent of the applicant's high school class,
15as determined under s. 118.58.
SB367-SSA1,4,1916 2. The applicant is enrolled in a home-based private educational program in
17this state, or in a virtual private school and the applicant is a resident of this state,
18and the applicant achieves a college entrance examination score that places the
19applicant in the national 98th percentile ranking or higher.
SB367-SSA1,4,2320 3. The applicant has been designated as a finalist in the National Merit
21Scholarship Program administered by the National Merit Scholarship Corporation
22or has achieved an equivalent designation under a successor program or by a
23successor organization.
SB367-SSA1,5,3
1(e) If an applicant applies for admission to more than one institution, the
2applicant is eligible for guaranteed admission under this subsection to only one
3institution, as designated by the applicant but subject to par. (d).
SB367-SSA1,5,64 (f) An institution may verify information provided by an applicant or appearing
5on an applicant's high school transcript in determining an applicant's eligibility for
6guaranteed admission under this subsection.
SB367-SSA1,5,87 (g) An institution may revoke an offer of admission the institution extended to
8an applicant under this subsection if any of the following applies:
SB367-SSA1,5,109 1. The applicant is not granted a high school diploma prior to the institution's
10scheduled enrollment date.
SB367-SSA1,5,1511 2. The applicant engages in academic misconduct, or the applicant experiences
12significantly declining grades after the application is submitted, to an extent that
13would justify, under the institution's admissions policies, revoking an offer of
14admission extended to an applicant who has not applied for admission under this
15subsection.
SB367-SSA1,5,1816 3. The applicant misrepresented to the institution the applicant's class rank,
17college entrance examination score, or status as a finalist in the National Merit
18Scholarship Program.
SB367-SSA1,5,2119 (h) This subsection does not guarantee an applicant admission to any specific
20program offered by an institution or to any specific college, school, or functional
21equivalent within an institution.
SB367-SSA1,3 22Section 3. 118.58 of the statutes is created to read:
SB367-SSA1,6,2 23118.58 Class rankings. (1) In this section, “virtual private school” means a
24private school in which all or a portion of the instruction is provided through means

1of the Internet, and the pupils enrolled in and instructional staff employed by the
2school are geographically remote from each other.
SB367-SSA1,6,9 3(2) If a school board, operator of a charter school, or governing body of a private
4school or tribal school operates a high school that includes grades 11 and 12, the
5school board, charter school operator, or governing body shall, for each high school
6that includes grades 11 and 12, prepare a class ranking of pupils enrolled in the high
7school as of the class's completion of grade 11 if there are at least 15 pupils in the
8class. Pupils shall be ranked on the basis of academic achievement and the sole
9criterion for ranking pupils shall be the pupil's grade point average.
SB367-SSA1,6,14 10(3) (a) Subject to par. (b), each class ranking under sub. (2) shall identify those
11pupils who rank in the top 5 percent of their high school class and those pupils who
12rank in the top 10 percent of their high school class. The class ranking may also
13identify the class rank of pupils who do not rank in the top 10 percent of their high
14school class.
SB367-SSA1,6,2115 (b) If a high school's class enrollment is at least 15 but less than 20 pupils, the
16school board, operator of the charter school, or governing body of the private school
17or tribal school shall identify the highest ranked and 2nd highest ranked pupils in
18the class using the ranking method under sub. (2). For purposes of par. (a) and sub.
19(4) and s. 36.11 (3m), the highest ranked pupil shall be considered to be in the top 5
20percent of the pupil's high school class and the 2nd highest ranked pupil shall be
21considered to be in the top 10 percent of the pupil's high school class.
SB367-SSA1,6,24 22(4) After completing the class ranking required under sub. (2), a school board,
23operator of a charter school, or governing body of a private school or tribal school shall
24do all of the following:
SB367-SSA1,7,3
1(a) Notify each pupil ranked in the top 10 percent of the pupil's high school class
2that the pupil is ranked, as applicable, in the top 5 percent or in the top 10 percent
3of the pupil's high school class.
SB367-SSA1,7,64 (b) For each pupil notified under par. (a), include that the pupil is ranked, as
5applicable, in the top 5 percent or in the top 10 percent of the pupil's high school class
6on the pupil's high school transcript as of the pupil's completion of grade 11.
SB367-SSA1,7,7 7(5) This section does not apply to a virtual private school.
SB367-SSA1,4 8Section 4. 119.04 (1) of the statutes, as affected by 2023 Wisconsin Act 12, is
9amended to read:
SB367-SSA1,7,2210 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c),
1166.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343,
12115.345, 115.363, 115.364, 115.365 (3), 115.366, 115.367, 115.38 (2), 115.415, 115.445,
13118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.124,
14118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164,
15118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and
16(10), 118.245, 118.25, 118.255, 118.258, 118.291, 118.292, 118.293, 118.2935, 118.30
17to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 118.58, 120.12 (2m),
18(4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26),
19(34), (35), (37), (37m), and (38), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are
20applicable to a 1st class city school district and board but not, unless explicitly
21provided in this chapter or in the terms of a contract, to the commissioner or to any
22school transferred to an opportunity schools and partnership program.
SB367-SSA1,5 23Section 5. Initial applicability.
SB367-SSA1,7,2524 (1) High school class rankings. The treatment of ss. 118.58 and 119.04 (1) first
25applies in the 2024-25 school year.
SB367-SSA1,8,2
1(2) Guaranteed admissions. The treatment of s. 36.11 (3) (a) and (3m) first
2applies to applications for admission for the 2025-26 academic year.
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