Amendment ASA1-AB281

AB281-ASA1, s. 32 Section 32. 38.50 (1) (e) 8. of the statutes is repealed.

AB281-ASA1, s. 33 Section 33. 38.50 (1) (f) of the statutes is renumbered 37.01 (5) and amended to read:

AB281-ASA1,11,22 37.01 (5) "Solicitor" "Representative" means a person employed by or representing a school located either within or outside this state that who, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.

AB281-ASA1, s. 34 Section 34. 38.50 (1) (g) of the statutes is renumbered 37.01 (7) and amended to read:

AB281-ASA1,12,2 37.01 (7) "Teaching location" means the area and facilities designated for use by a school that are required to be approved by the board under this section chapter.

AB281-ASA1, s. 35 Section 35. 38.50 (2) of the statutes is renumbered 37.10 (intro.) and amended to read:

AB281-ASA1,12,8 37.10 Responsibilities Purposes. (intro.) The board shall purposes of the board are to protect the general public by inspecting and to support quality educational options. The board shall accomplish those purposes by doing all of the following:

AB281-ASA1,12,14 (1) Evaluating and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, changes of ownership or control of the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

AB281-ASA1, s. 36 Section 36. 38.50 (3) of the statutes is renumbered 37.25 and amended to read:

AB281-ASA1,12,17 37.25 Rule-making power. The board shall promulgate rules and establish standards necessary to administer this section chapter.

AB281-ASA1, s. 37 Section 37. 38.50 (5) of the statutes is renumbered 37.20 and amended to read:

AB281-ASA1,12,24 37.20 Employees, quarters. The board shall employ a person to perform the duties of an executive secretary director and any other persons under the classified service that may be necessary to carry out the board's responsibilities purposes. The person performing the duties of the executive secretary director shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the technical college system board.

AB281-ASA1, s. 38 Section 38. 38.50 (7) (intro.) of the statutes is renumbered 37.35 (intro.) and amended to read:

AB281-ASA1,13,9 37.35 Approval of schools generally Responsibilities. (intro.) To protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction, and encourage schools to maintain courses and courses of instruction consistent in quality, content, and length with hold schools accountable for achieving satisfactory student outcomes and to ensure that programs meet generally accepted educational, occupational, and industry standards, the board shall do all of the following:

AB281-ASA1, s. 39 Section 39. 38.50 (7) (a) of the statutes is renumbered 37.35 (1) and amended to read:

AB281-ASA1,13,14 37.35 (1) Investigate Evaluate the adequacy of courses and courses of instruction programs offered by schools to residents of this state and establish minimum standards for those courses of instruction.

AB281-ASA1, s. 40 Section 40. 38.50 (7) (b) of the statutes is repealed.

AB281-ASA1, s. 41 Section 41. 38.50 (7) (c) of the statutes is renumbered 37.35 (6) and amended to read:

AB281-ASA1,13,20 37.35 (6) Establish rules, standards , and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction programs.

AB281-ASA1, s. 42 Section 42. 38.50 (7) (d) of the statutes is renumbered 37.35 (5) and amended to read:

AB281-ASA1,13,25 37.35 (5) Promulgate rules restricting Prescribe restrictions on the negotiability of promissory instruments received by schools in payment of tuition and other charges fees.

AB281-ASA1, s. 43 Section 43. 38.50 (7) (e) of the statutes is renumbered 37.35 (7) and amended to read:

AB281-ASA1,14,5 37.35 (7) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction program or withdraws or is discontinued from the course program.

AB281-ASA1, s. 44 Section 44. 38.50 (7) (f) of the statutes is renumbered 37.35 (3) (intro.) and amended to read:

AB281-ASA1,14,11 37.35 (3) (intro.) Require schools offering courses and courses of instruction to residents of this state to furnish a school, prior to enrolling a student who is a resident of this state, to provide the student with a catalog that includes information concerning their all of the following:

AB281-ASA1,14,12 (a) The school's mission, facilities, curricula, programs, and instructors,.

AB281-ASA1,14,14 (b) The school's policies concerning enrollment policies, tuition and other charges and and admissions, academic progress, and student conduct.

AB281-ASA1,14,16 (f) The school's fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges fees.

AB281-ASA1, s. 45 Section 45. 38.50 (7) (g) of the statutes is renumbered 37.30 (1) and amended to read:

AB281-ASA1,14,23 37.30 (1) Approve courses of instruction, Subject to sub. (2), the board shall approve schools, programs, changes of ownership or control of schools, and teaching locations meeting, and representatives that meet the requirements and standards established by the board and complying that comply with rules promulgated by the board and publish a list of the schools and courses of instruction approved.

AB281-ASA1, s. 46 Section 46. 38.50 (7) (h) of the statutes is renumbered 37.35 (4) and amended to read:

AB281-ASA1,15,3 37.35 (4) Issue Regulate the recruiting of students for programs offered by schools and issue permits to solicitors representatives when all board requirements have been met.

AB281-ASA1, s. 47 Section 47. 38.50 (7) (i) of the statutes is renumbered 37.35 (9).

AB281-ASA1, s. 48 Section 48. 38.50 (8) (title) of the statutes is renumbered 37.60 (title) and amended to read:

AB281-ASA1,15,7 37.60 (title) Soliciting Recruitment of students.

AB281-ASA1, s. 49 Section 49. 38.50 (8) (a) of the statutes is renumbered 37.60 (1) and amended to read:

AB281-ASA1,15,17 37.60 (1) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students for a course or course of instruction representative may sell any program or recruit any student for a program in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor representative first secures a solicitor's representative's permit from the board. If the solicitor representative represents more than one school, a separate permit shall be obtained for each school the solicitor representative represents.

AB281-ASA1, s. 50 Section 50. 38.50 (8) (b) of the statutes is renumbered 37.60 (2) and amended to read:

AB281-ASA1,16,20 37.60 (2) Solicitor's Representative's permit. The application for a solicitor's representative's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's representative's permit. The bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to perform faithfully the agreement the solicitor representative made with the student, and may be supplied by the solicitor representative or by the school itself either as a blanket bond covering each of its solicitors representatives in the amount of $2,000 or the surety bond under sub. (7) (i) s. 37.35 (9). Upon approval of a permit, the board shall issue an identification card to the solicitor representative giving his or her name and address, and the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit recruit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph subsection of the surety on the bond for each solicitor representative covered by the bond shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the bond upon giving 30 days' notice in writing to the board and shall be relieved of liability under this paragraph subsection upon giving the notice for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's representative's permit.

AB281-ASA1, s. 51 Section 51. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.60 (3) (intro.) and amended to read:

AB281-ASA1,16,25 37.60 (3) Refusal or revocation of permit. (intro.) The board may refuse to issue or renew, or may revoke, any solicitor's representative's permit upon one or any combination of the following grounds:

AB281-ASA1, s. 52 Section 52. 38.50 (8) (c) 1. of the statutes is renumbered 37.60 (3) (a) and amended to read:

AB281-ASA1,17,4 37.60 (3) (a) Willful violation of this subsection section or any rule promulgated by the board under this section chapter.

AB281-ASA1, s. 53 Section 53. 38.50 (8) (c) 2. of the statutes is renumbered 37.60 (3) (b).

AB281-ASA1, s. 54 Section 54. 38.50 (8) (c) 3. of the statutes is renumbered 37.60 (3) (c) and amended to read:

AB281-ASA1,17,10 37.60 (3) (c) Presenting information to prospective students relating to the school, a course, or a course of instruction or a program that is false, fraudulent, or misleading.

AB281-ASA1, s. 55 Section 55. 38.50 (8) (c) 4. of the statutes is renumbered 37.60 (3) (d) and amended to read:

AB281-ASA1,17,14 37.60 (3) (d) Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board.

AB281-ASA1, s. 56 Section 56. 38.50 (8) (c) 5. of the statutes is renumbered 37.60 (3) (e) and amended to read:

AB281-ASA1,17,19 37.60 (3) (e) Failure of the school which the solicitor representative represents to meet requirements and standards established by and to comply with rules promulgated by the board under sub. (7) s. 37.25.

AB281-ASA1, s. 57 Section 57. 38.50 (8) (c) 6. of the statutes is renumbered 37.60 (3) (f) and amended to read:

AB281-ASA1,17,22 37.60 (3) (f) Cancellation of the solicitor's representative's bond by surety.

AB281-ASA1, s. 58 Section 58. 38.50 (8) (c) 7. of the statutes is renumbered 37.60 (3) (g).

AB281-ASA1, s. 59 Section 59. 38.50 (8) (d) of the statutes is renumbered 37.60 (4).

AB281-ASA1, s. 60 Section 60. 38.50 (8) (e) of the statutes is renumbered 37.60 (5).

AB281-ASA1, s. 61 Section 61. 38.50 (8) (f) of the statutes is renumbered 37.60 (6) and amended to read:

AB281-ASA1,18,6 37.60 (6) Recovery by students. The bond in force under par. (b) sub. (2) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

AB281-ASA1, s. 62 Section 62. 38.50 (8) (g) of the statutes is renumbered 37.60 (7) and amended to read:

AB281-ASA1,18,14 37.60 (7) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction program if the representative who sold or solicited the course the program or recruited the student for the program was not the holder of a solicitor's representative's permit under this subsection section at the time of the sale or solicitation recruitment.

AB281-ASA1, s. 63 Section 63. 38.50 (8) (h) of the statutes is repealed.

AB281-ASA1, s. 64 Section 64. 38.50 (8) (i) of the statutes is repealed.

AB281-ASA1, s. 65 Section 65. 38.50 (10) (title) of the statutes is repealed.

AB281-ASA1, s. 66 Section 66. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended to read:

AB281-ASA1,19,11 37.40 (1) Authority. Approval. All proprietary schools shall be examined and No school may operate or advertise in this state, offer a program to a resident of this state, change its ownership or control, or establish a teaching location, and no person may act as a representative, unless the school or representative is first approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria. If a school, program, change in ownership or control, teaching location, or representative meets the requirements and standards established by the board and complies with rules promulgated by the board, the board shall approve the school, program, change in ownership or control, teaching location, or representative. Approval for a school, program, teaching location, or representative shall be for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board considers necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.292 (2) (gm).

AB281-ASA1, s. 67 Section 67. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended to read:

AB281-ASA1,19,24 37.40 (2) Application. Application for initial approval or renewal of approval of a school or a course of instruction, approval of a teaching location, change of ownership, or control of a school, renewal of approval of a school or program, approval of a substantially revised program, reinstatement of approval of a school or course of instruction that whose approval has been revoked , approval of a teaching location, approval of a change of ownership or control of a school, or approval of a representative shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) sub. (3) and any other information as that the board considers necessary to evaluate the school, program, teaching location, change of ownership or control, or representative in carrying out the purpose of this section chapter.

AB281-ASA1, s. 68 Section 68. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title) and amended to read:

AB281-ASA1,20,3 37.40 (3) (title) Fees; rule making.

AB281-ASA1, s. 69 Section 69. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3) (intro.).

AB281-ASA1, s. 70 Section 70. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and amended to read:

AB281-ASA1,20,10 37.40 (3) (a) Require that the amount of fees collected under this paragraph subsection be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection sub. (1).

AB281-ASA1, s. 71 Section 71. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and amended to read:

AB281-ASA1,20,14 37.40 (3) (b) Give consideration to establishing a variable fee structure based on the size of a proprietary school.

AB281-ASA1, s. 72 Section 72. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and amended to read:

AB281-ASA1,20,17 37.40 (3) (c) Specify a fee to accompany all applications under par. (b) sub. (2).

AB281-ASA1, s. 73 Section 73. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).

AB281-ASA1, s. 74 Section 74. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and amended to read:

AB281-ASA1,20,23 37.40 (4) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. sub. (3) (d) during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB281-ASA1, s. 75 Section 75. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended to read:

AB281-ASA1,21,4 37.50 (2) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection chapter, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) this chapter.

AB281-ASA1, s. 76 Section 76. 38.50 (10) (e) of the statutes is renumbered 37.50 (3) and amended to read:

AB281-ASA1,21,9 37.50 (3) Penalties. Any person who violates par. (a) any provision of this chapter may be required to forfeit not more than $500. Each day of operation in continued violation of par. (a) constitutes a separate offense.

AB281-ASA1, s. 77 Section 77. 38.50 (10) (f) of the statutes is renumbered 37.50 (4) and amended to read:

AB281-ASA1,21,15 37.50 (4) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) this chapter may bring a civil action to recover fees paid to the school in violation of par. (a) this chapter together with costs and disbursements, including reasonable attorney fees.

AB281-ASA1, s. 78 Section 78. 38.50 (11) (title) of the statutes is renumbered 37.55 (title).

AB281-ASA1, s. 79 Section 79. 38.50 (11) (a) (intro.) of the statutes is renumbered 37.55 (1) (intro.) and amended to read:

AB281-ASA1,21,19 37.55 (1) (intro.) In this subsection section:

AB281-ASA1, s. 80 Section 80. 38.50 (11) (a) 1. of the statutes is repealed.

AB281-ASA1, s. 81 Section 81. 38.50 (11) (a) 2. of the statutes is repealed.