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2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 370
October 10, 2023 - Offered by Representative O'Connor.
AB370-ASA1,1,4 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 and 12th grade.
The bill requires school boards, charter school operators, and governing bodies
of private schools and tribal schools that operate high schools to 1) establish a method
for ranking pupils on the basis of academic achievement; and 2) using this ranking
method, annually prepare a class ranking of pupils at the end of 11th grade and 12th
grade. The ranking method must use as criteria for the ranking only the pupil's
grade point average, the pupil's score on a college entrance examination such as the
ACT, or a combination of GPA and examination score. If application of these criteria
produces a tie among pupils, additional tiebreaker criteria may include the rigor of
the pupil's course work and other measures of academic achievement or scholastic
merit. 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. However, if the criteria used for the class ranking
includes GPA, a pupil may not be ranked in the top 5 percent or 10 percent unless
the pupil has a GPA of at least 3.85 or 3.5, respectively. If the criteria used for the
class ranking includes a college entrance examination score, a pupil may not be
ranked in the top 5 percent or 10 percent unless the pupil has achieved a composite
score on the examination that places the pupil in at least the national 90th percentile
ranking or 85th percentile ranking, respectively. The school board, charter school
operator, or governing body must 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. If a high school's
class enrollment is 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 graduated from, or expects to graduate from, a public,
private, or tribal high school in Wisconsin and is ranked in the top 10 percent of the
applicant's high school class at the time of application; 2) the applicant is
homeschooled, has been or expects to be granted a high school diploma, and achieves
a composite score on a college entrance examination that places the applicant in the
national 85th percentile ranking or higher. Under the exception, an applicant is
eligible for guaranteed admission to UW-Madison as provided in 1), above, only if
the applicant is ranked in the top 5 percent of the class or as provided in 2), above,
only if the applicant has achieved a composite score in the 90th percentile or higher.
The program applies only to applicants for admission as first-year undergraduate
students. An applicant for admission under the guaranteed admission program
must also submit a timely and complete application. A UW System institution may
revoke an offer of admission if the applicant later fails to graduate from high school,
fails in the final year of high school to maintain a level of academic achievement
similar to the applicant's level of academic achievement at the time of application,
or misrepresents the applicant's class rank or college entrance examination results.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB370-ASA1,1 1Section 1 . 36.11 (3) (a) of the statutes is amended to read:
AB370-ASA1,3,22 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

1sectarian or partisan tests or any tests based upon race, religion, national origin of
2U.S. citizens or sex shall ever be allowed in the admission of students thereto.
AB370-ASA1,2 3Section 2 . 36.11 (3m) of the statutes is created to read:
AB370-ASA1,3,44 36.11 (3m) Guaranteed admission program. (a) In this subsection:
AB370-ASA1,3,75 1. “College entrance examination” means the ACT examination or a similar
6examination designed to test a person's qualification or preparedness for college
7admission.
AB370-ASA1,3,98 2. “Home-based private educational program” has the meaning given in s.
9115.001 (3g).
AB370-ASA1,3,1310 (b) The board shall establish a guaranteed admission program under which an
11applicant for undergraduate admission shall be admitted to the institution of the
12applicant's choice if the requirements under par. (c) and, if applicable, under par. (d)
13are satisfied.
AB370-ASA1,3,1514 (c) An applicant is eligible for guaranteed admission to an institution if all of
15the following apply: