Wisconsin Code § 39.41

Academic excellence higher education scholarships
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(1) In this section:
(ae) “Executive secretary” means the executive secretary of
the board.
(ag) “Faculty of the high school” means the principal administrative unit of the faculty personnel of a high school designated
under sub. (1m) (j).
(aj) “Governing body of a private school” has the meaning
given in s. 115.001 (3d).
(av) “School board” has the meaning given in s. 115.001 (7).
(b) “School district” has the meaning given in s. 115.01 (3).
(bm) “Senior” means a pupil enrolled in the 12th grade in a
public or private high school, a tribal school, the school operated
by the Wisconsin Educational Services Program for the Deaf and
Hard of Hearing, or the school operated by the Wisconsin Center
for the Blind and Visually Impaired. “Senior” does not include a
pupil enrolled in a home-based private educational program, as
defined in s. 115.001 (3g).
(br) “Tribal school” has the meaning given in s. 115.001
(15m).
(c) “Vocational diploma” means a diploma granted to a person who has completed a 2-year, full-time program in an area
designated and approved by the technical college system board
for which the course requirements are established by that board.
(1m) (a) Subject to par. (d), by February 25 of each school
year, the school board of each school district operating one or
more high schools and the governing body of each private high
school and of each tribal high school shall:
1. For each high school with an enrollment of at least one
pupil but less than 500 pupils, designate the senior with the highest grade point average in all subjects as a scholar.
2. For each high school with an enrollment of at least 500
pupils but less than 1,000 pupils, designate the 2 seniors with the
2 highest grade point averages in all subjects as scholars.
3. For each high school with an enrollment of at least 1,000
pupils but less than 1,500 pupils, designate the 3 seniors with the
3 highest grade point averages in all subjects as scholars.
4. For each high school with an enrollment of at least 1,500
pupils but less than 2,000 pupils, designate the 4 seniors with the
4 highest grade point averages in all subjects as scholars.
5. For each high school with an enrollment of 2,000 or more
pupils, designate the 5 seniors with the 5 highest grade point averages in all subjects as scholars.
6. For each high school with an enrollment of 2,500 or more
pupils, designate the 6 seniors with the 6 highest grade point averages in all subjects as scholars.
(c) The executive secretary shall:
1. Subject to par. (f), for the school operated by the Wisconsin Center for the Blind and Visually Impaired, designate the senior with the highest grade point average in all subjects as a
scholar.
2. Subject to par. (fm), for the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of
Hearing, designate the senior with the highest grade point average
in all subjects as a scholar.
3m. Designate the pupils nominated under sub. (9) (b) that
meet the requirements under sub. (9) (b) as scholars.
4. For each public, private, or tribal high school with an enrollment of at least one pupil, notify the school board of the
school district operating the public high school or the governing
body of the private or tribal high school of the number of scholars
to be designated under par. (a).
(cm) The executive secretary may grant waivers under par.
(m).
(d) By February 25 of each school year, if 2 or more seniors
from the same high school of at least one pupil have the same
grade point average and, except for the limitation on the number
of designated scholars, are otherwise eligible for designation under par. (a), the faculty of the high school shall select the applicable number of seniors for designation under par. (a) as scholars
and shall certify, in order of priority, any remaining seniors with
the same grade point average as alternates for the scholars or, if
there is no remaining senior with the same grade point average,
any remaining seniors with the next highest grade point average,
but not less than 3.800 or the equivalent, as alternates for the
scholars. If a senior from that high school designated as a scholar
under par. (a) does not qualify for a higher education scholarship
under sub. (2) (a) or (3) (a), an alternate for the scholar with the
same grade point average as any senior from that high school designated as a scholar under par. (a) shall be eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until
the scholarship may be awarded by the board. If an alternate with
the same grade point average as a scholar under par. (a) does not
qualify for a higher education scholarship under sub. (2) (a) or (3)
(a), an alternate with the next highest grade point average, but not
less than 3.800 or the equivalent, shall be eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until
the scholarship may be awarded by the board.
(f) If 2 or more seniors from the school operated by the Wisconsin Center for the Blind and Visually Impaired have the same
grade point average and, except for the limitation of one designated senior, are otherwise eligible for designation under par. (c)
1., the executive secretary shall make the designation under par.
(c) 1. of the senior who may be eligible for a higher education
scholarship as a scholar. If that senior does not qualify for a
higher education scholarship under sub. (2) (a) or (3) (a), the ex-

ecutive secretary shall designate, in order of priority, one or more
of the remaining seniors with the same grade point average, or, if
there is no remaining senior with the same grade point average,
one or more of the remaining seniors with the next highest grade
point average, but not less than 3.800 or the equivalent, as eligible
for a higher education scholarship as a scholar under sub. (2) (a)
or (3) (a) until the scholarship may be awarded by the board.
(fm) If 2 or more seniors from the school operated by the Wisconsin Educational Services Program for the Deaf and Hard of
Hearing have the same grade point average and, except for the
limitation of one designated senior, are otherwise eligible for designation under par. (c) 2., the executive secretary shall make the
designation under par. (c) 2. of the senior who may be eligible for
a higher education scholarship as a scholar. If that senior does
not qualify for a higher education scholarship under sub. (2) (a)
or (3) (a), the executive secretary shall designate, in order of priority, one or more of the remaining seniors with the same grade
point average, or, if there is no remaining senior with the same
grade point average, one or more of the remaining seniors with
the next highest grade point average, but not less than 3.800 or the
equivalent, as eligible for a higher education scholarship as a
scholar under sub. (2) (a) or (3) (a) until the scholarship may be
awarded by the board.
(g) Notwithstanding par. (a), if a high school of at least one
pupil closes or merges in the 1991-92 school year or in any school
year thereafter, the school board of the school district operating
the high school or the governing body of the private or tribal high
school shall, subject to par. (d), for each of the 2 school years following the closure or merger, designate the same number of
scholars from among the pupils enrolled in the high school at the
time of closure or merger as the number of scholars designated
for that high school in the school year the high school closed or
merged. Any seniors designated under this paragraph shall be eligible for an original scholarship under this section.
(h) Notwithstanding par. (a), if a public high school of at least
one pupil closed following the 1989-90 school year and a pupil
from the closed high school was designated a scholar under this
section for either of the 2 school years following the closure by
the school board of a school district operating a high school that
enrolled pupils from the closed high school, such school board
shall designate the senior with the next highest grade point average for that school year as a scholar. Any scholar designated under this paragraph shall be eligible for a higher education scholarship under sub. (2) (b) or (3) (b) as determined under par. (a), notwithstanding that the scholar did not receive a higher education
scholarship for the academic year immediately following the
school year in which the pupil from the closed high school was
designated a scholar under this section.
(i) Notwithstanding par. (d), if the school board of a school
district operating a high school or the governing body of a private
high school has complied with s. 39.41 (1m) (d), 1991 stats., for
the 1993-94 school year and a senior from that high school designated as a scholar under s. 39.41 (1m) (a) , 1991 stats., and s.
39.41 (1m) (d), 1991 stats., does not qualify for a higher education scholarship under sub. (2) (a) or (3) (a), the faculty of the
high school shall select one or more of the remaining seniors with
the same grade point average for certification as a scholar. The
school board of the school district operating the high school or
the governing body of the private high school shall certify to the
board one or more of these seniors as eligible for a higher education scholarship as a scholar under sub. (2) (a) or (3) (a) until the
scholarship may be awarded by the board.
(j) In the event that 2 or more seniors from the same high
school of at least one pupil have the same grade point average and
are otherwise eligible for designation under par. (a), the school
board of the school district operating the high school or the governing body of the private or tribal high school shall make the
designation of the faculty of the high school for purposes of par.
(d) or (i).
(m) Notwithstanding pars. (a) and (d), if a high school ranks
its seniors on the basis of grades in academic subjects, the school
board of the school district operating the high school or the governing body of the private high school may request a waiver from
the executive secretary in order to fulfill its requirements under
par. (a) or (d) on the basis of grade point averages in academic
subjects.
(2) (a) If a designated scholar under sub. (1m) is admitted to
and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the
senior was designated a scholar, in an institution within the University of Wisconsin System or in a technical college district
school that is participating in the program under this section, the
scholar shall receive a higher education scholarship that exempts
the scholar from all tuition and fees, including segregated fees, at
the institution or district school for one year, except that the maximum scholarship for a scholar who receives an original scholarship for the 1996-97 academic year or for any academic year
thereafter may not exceed $2,250 per academic year.
(b) For each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.000 grade
point average, or the equivalent as determined by the institution
or district school, and makes satisfactory progress toward an associate degree, a bachelor’s degree, or a vocational diploma, the
student shall be exempt from all tuition and fees, including segregated fees, in the subsequent year or, if the scholar does not enroll
in a participating institution of higher education in the subsequent year, in the 2nd year following the year in which the scholar
received the scholarship, except that the maximum scholarship
for a scholar who receives an original scholarship for the 1996-97
academic year or for any academic year thereafter may not exceed
$2,250 per academic year. No scholar is eligible for an exemption
for more than 4 years in the University of Wisconsin System or
more than 3 years at a district school.
(c) Subject to sub. (4), for each year the student is exempt
from tuition and fees under par. (a) or (b), the board shall pay the
institution or district school, on behalf of the student, an amount
equal to 50 percent of the student’s tuition and fees, except that
the maximum payment for a student who receives an original
scholarship for the 1996-97 academic year or for any academic
year thereafter may not exceed $1,125 per academic year.
(3) (a) If a designated scholar under sub. (1m) is admitted to
and enrolls, on a full-time basis, by September 30 of the academic year immediately following the school year in which the
senior was designated a scholar, in a private institution of higher
education that is located in this state and participating in the program under this section, the board shall pay the institution, on behalf of the pupil, an amount equal to 50 percent of the tuition and
fees charged a resident undergraduate at the University of Wisconsin-Madison in the same academic year, except that the maximum payment for a pupil who receives an original scholarship for
the 1996-97 academic year or for any academic year thereafter
may not exceed $1,125 per academic year.
(b) For each year that a scholar who receives a scholarship under par. (a) is enrolled full time, maintains at least a 3.000 grade
point average, or the equivalent as determined by the private institution, and makes satisfactory progress toward a bachelor’s degree, the student is eligible for a higher education scholarship as
determined under par. (a) in the subsequent year or, if the scholar
does not enroll in a participating institution of higher education in
the subsequent year, in the 2nd year following the year in which
the scholar received the scholarship. No scholar is eligible for a

higher education scholarship for more than 4 years at a private institution of higher education.
(4) (a) The board shall make the payments under subs. (2) (c)
and (3) only if the institution, district school or private institution
matches the amount of the payment from institutional funds, gifts
or grants. Beginning in the 1992-93 school year, the matching requirement under this paragraph for the institutions within the
University of Wisconsin System shall be satisfied by payments of
an amount equal to the total payments from the institutions made
under this paragraph in the 1991-92 school year and, if such payments are insufficient to satisfy the matching requirement, by the
waiver of academic fees established under s. 36.27.
(b) The board shall make the payments under subs. (2) (c) and
(3) from the appropriation under s. 20.235 (1) (fy).
(5) (a) 1. Each institution within the University of Wisconsin
System, technical college district school and private institution of
higher education that wishes to participate in the scholarship program under this section in academic year 1999-2000 and thereafter shall notify the board by October 1, 1998, that the institution wishes to participate.
2. If an institution of higher education that has notified the
board under subd. 1. subsequently wishes to no longer participate
in the scholarship program under this section, the institution of
higher education shall notify the board of this fact in writing by
October 1 prior to the academic year in which the institution will
no longer participate.
(b) Each designated scholar who is eligible for an original
higher education scholarship under sub. (2) (a) or (3) (a) shall notify the board as soon as practicable of the institution of higher
education he or she will be attending in the next academic year.
Each designated scholar who is eligible for a subsequent higher
education scholarship under sub. (2) (a) or (3) (a) shall notify the
board as soon as practicable whether he or she will be enrolling in
a participating institution of higher education in the academic
year immediately following the academic year in which he or she
received an original or subsequent scholarship under sub. (2) (a)
or (3) (a), or in the 2nd academic year, following that academic
year and of the institution of higher education in which he or she
will be enrolling.
(c) Annually, the board shall notify each scholar who will be
attending a participating institution of higher education in the
next academic year of the amount of his or her higher education
scholarship.
(6) (a) Except as provided in par. (b), a scholarship under this
section shall not be used to replace any other grant for which a
student is eligible.
(b) A student who receives a scholarship under this section is
not eligible to receive a scholarship under s. 39.415.
(7) By August 1, 1997, and annually thereafter, the board
shall submit a report to the joint committee on finance evaluating
the success of the program under this section. The report shall
specify the number and amount of the scholarships awarded in
the current fiscal year and the institutions of higher education
chosen by the scholarship recipients.
(9) (a) In this subsection:
1. “ACT” means the American College Testing exam or its
successor exam.
2. “Parent” means a parent or guardian that, for the school
year in which a pupil is nominated under par. (b), submitted to the
department of public instruction the homeschool enrollment report required by the department of public instruction indicating
that the individual’s child will be enrolled in a home-based private educational program, as defined in s. 115.001 (3g).
3. “SAT” means the Scholastic Assessment Test or its successor exam.
(b) By February 25 of each school year, a parent of a pupil
who is a senior or the equivalent of a senior may nominate the
pupil to be designated as a scholar by the executive secretary under sub. (1m) (c) 3m. if all of the following apply:
1. The pupil is enrolled in a home-based private educational
program, as defined in s. 115.001 (3g).
2. The pupil attained a score of at least 33 on the ACT or a
score of at least 1500 on the SAT.
3. The parent provides with the nomination any necessary
documentation, as determined by the board, evidencing that the
pupil meets the requirements under subds. 1. and 2.

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