2025 Wisconsin Statutes & Annotations
Chapter 39 - Higher educational agencies and education compacts.
39.44 - Minority undergraduate grants.

39.44 Minority undergraduate grants.

(1)

(a) In this section “minority undergraduate” means an undergraduate student who:

1. Is a Black American.

2. Is an American Indian.

3. Is a Hispanic, as defined in s. 16.287 (1) (d).

4. Is a person who is admitted to the United States after December 31, 1975, and who either is a former citizen of Laos, Vietnam or Cambodia or whose ancestor was or is a citizen of Laos, Vietnam or Cambodia.

(b) There is established, to be administered by the board, the minority undergraduate retention grant program for minority undergraduates enrolled in private, nonprofit higher educational institutions in this state or in technical colleges in this state.

(2) Funds for the grants under this section shall be distributed from the appropriation under s. 20.235 (1) (fg), with 50 percent distributed to the eligible private institutions and 50 percent distributed to the eligible technical colleges. The board shall audit the enrollment statistics annually.

(3) An institution or school receiving funds under sub. (2) shall:

(a) Award grants to eligible students on the basis of financial need.

(b) Demonstrate to the satisfaction of the board that such funds do not replace institutional grants to the recipients.

(c) Annually report to the board the number of awards made, the amount of each award, the minority status of each recipient, other financial aid awards made to each recipient and the total amount of financial aid made available to the eligible students.

(4) The board shall notify an institution or school receiving funds under sub. (2) if a student’s name appears on the statewide support lien docket under s. 49.854 (2) (b). An institution or school may not award a grant under this section to a student if it receives a notification under this subsection concerning that student, unless the student provides to the institution or school 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).

(5) By November 1, 2001, and annually thereafter, the board shall report to the department of administration on the effectiveness of the program under this section.

NOTE: This section was held to be unconstitutional by the Wisconsin Court of Appeals in Rabiebna v. Higher Educational Aids Board, 2025 WI App 24. Petition for review filed 3-26-25.

History: 1985 a. 29; 1987 a. 27; 1993 a. 399; 1995 a. 27, 404; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2011 a. 32.

This section and the minority undergraduate grant program thereunder violate the equal protection clause and are unconstitutional. Except in the extremely limited and most extraordinary circumstances identified in Students for Fair Admission, 600 U.S. 181 (2023), government funding or support designed to provide a benefit or cause a detriment to persons based even in part on their race, national origin, or ancestry cannot stand. Rabiebna v. Higher Educational Aids Board, 2025 WI App 24, 416 Wis. 2d 44, 20 N.W.3d 742, 22-2026.