AB281-ASA1,15,7 737.60 (title) Soliciting Recruitment of students.
AB281-ASA1, s. 49 8Section 49. 38.50 (8) (a) of the statutes is renumbered 37.60 (1) and amended
9to read:
AB281-ASA1,15,1710 37.60 (1) In general. No solicitor representing any school offering any course
11or course of instruction shall sell any course or course of instruction or solicit
12students for a course or course of instruction
representative may sell any program
13or recruit any student for a program
in this state for a consideration or remuneration,
14except upon the actual business premises of the school, unless the solicitor
15representative first secures a solicitor's representative's permit from the board. If
16the solicitor representative represents more than one school, a separate permit shall
17be obtained for each school the solicitor representative represents.
AB281-ASA1, s. 50 18Section 50. 38.50 (8) (b) of the statutes is renumbered 37.60 (2) and amended
19to read:
AB281-ASA1,16,2020 37.60 (2) Solicitor's Representative's permit. The application for a solicitor's
21representative's permit shall be made on a form furnished by the board and shall be
22accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000.
23The board shall, by rule, specify the amount of the fee for a solicitor's representative's
24permit. The bond may be continuous and shall be conditioned to provide
25indemnification to any student suffering loss as the result of any fraud or

1misrepresentation used in procuring his or her enrollment or as a result of the failure
2of the school to perform faithfully the agreement the solicitor representative made
3with the student, and may be supplied by the solicitor representative or by the school
4itself either as a blanket bond covering each of its solicitors representatives in the
5amount of $2,000 or the surety bond under sub. (7) (i) s. 37.35 (9). Upon approval of
6a permit, the board shall issue an identification card to the solicitor representative
7giving his or her name and address, and the name and address of the employing
8school, and certifying that the person whose name appears on the card is authorized
9to solicit recruit students for the school. A permit shall be valid for one year from the
10date issued. Liability under this paragraph subsection of the surety on the bond for
11each solicitor representative covered by the bond shall not exceed the sum of $2,000
12as an aggregate for any and all students for all breaches of the conditions of the bond.
13The surety of a bond may cancel the bond upon giving 30 days' notice in writing to
14the board and shall be relieved of liability under this paragraph subsection upon
15giving the notice for any breach of condition occurring after the effective date of the
16cancellation. An application for renewal shall be accompanied by a fee, a surety bond
17acceptable to the board in the sum of $2,000 if a continuous bond has not been
18furnished, and such information as the board requests of the applicant. The board
19shall, by rule, specify the amount of the fee for renewal of a solicitor's representative's
20permit.
AB281-ASA1, s. 51 21Section 51. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.60 (3) (intro.)
22and amended to read:
AB281-ASA1,16,2523 37.60 (3) Refusal or revocation of permit. (intro.) The board may refuse to
24issue or renew, or may revoke, any solicitor's representative's permit upon one or any
25combination of the following grounds:
AB281-ASA1, s. 52
1Section 52. 38.50 (8) (c) 1. of the statutes is renumbered 37.60 (3) (a) and
2amended to read:
AB281-ASA1,17,43 37.60 (3) (a) Willful violation of this subsection section or any rule promulgated
4by the board under this section chapter.
AB281-ASA1, s. 53 5Section 53. 38.50 (8) (c) 2. of the statutes is renumbered 37.60 (3) (b).
AB281-ASA1, s. 54 6Section 54. 38.50 (8) (c) 3. of the statutes is renumbered 37.60 (3) (c) and
7amended to read:
AB281-ASA1,17,108 37.60 (3) (c) Presenting information to prospective students relating to the
9school, a course, or a course of instruction or a program that is false, fraudulent, or
10misleading.
AB281-ASA1, s. 55 11Section 55. 38.50 (8) (c) 4. of the statutes is renumbered 37.60 (3) (d) and
12amended to read:
AB281-ASA1,17,1413 37.60 (3) (d) Refusal by the school to be represented to allow reasonable
14inspection or to supply information after written request therefor by the board.
AB281-ASA1, s. 56 15Section 56. 38.50 (8) (c) 5. of the statutes is renumbered 37.60 (3) (e) and
16amended to read:
AB281-ASA1,17,1917 37.60 (3) (e) Failure of the school which the solicitor representative represents
18to meet requirements and standards established by and to comply with rules
19promulgated by the board under sub. (7) s. 37.25.
AB281-ASA1, s. 57 20Section 57. 38.50 (8) (c) 6. of the statutes is renumbered 37.60 (3) (f) and
21amended to read:
AB281-ASA1,17,2222 37.60 (3) (f) Cancellation of the solicitor's representative's bond by surety.
AB281-ASA1, s. 58 23Section 58. 38.50 (8) (c) 7. of the statutes is renumbered 37.60 (3) (g).
AB281-ASA1, s. 59 24Section 59. 38.50 (8) (d) of the statutes is renumbered 37.60 (4).
AB281-ASA1, s. 60 25Section 60. 38.50 (8) (e) of the statutes is renumbered 37.60 (5).
AB281-ASA1, s. 61
1Section 61. 38.50 (8) (f) of the statutes is renumbered 37.60 (6) and amended
2to read:
AB281-ASA1,18,63 37.60 (6) Recovery by students. The bond in force under par. (b) sub. (2) shall
4not limit or impair any right of recovery otherwise available under law, nor shall the
5amount of the bond be relevant in determining the amount of damages or other relief
6to which any plaintiff may be entitled.
AB281-ASA1, s. 62 7Section 62. 38.50 (8) (g) of the statutes is renumbered 37.60 (7) and amended
8to read:
AB281-ASA1,18,149 37.60 (7) Recovery on contracts. No recovery shall be had by any school or
10its assignee on any contract for or in connection with a course or course of instruction
11program if the representative who sold or solicited the course the program or
12recruited the student for the program
was not the holder of a solicitor's
13representative's permit under this subsection section at the time of the sale or
14solicitation recruitment.
AB281-ASA1, s. 63 15Section 63. 38.50 (8) (h) of the statutes is repealed.
AB281-ASA1, s. 64 16Section 64. 38.50 (8) (i) of the statutes is repealed.
AB281-ASA1, s. 65 17Section 65. 38.50 (10) (title) of the statutes is repealed.
AB281-ASA1, s. 66 18Section 66. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended
19to read:
AB281-ASA1,19,1120 37.40 (1) Authority. Approval. All proprietary schools shall be examined and
21No school may operate or advertise in this state, offer a program to a resident of this
22state, change its ownership or control, or establish a teaching location, and no person
23may act as a representative, unless the school or representative is first
approved by
24the board before operating in this state. Approval shall be granted to schools meeting
25the criteria
. If a school, program, change in ownership or control, teaching location,

1or representative meets the requirements and standards
established by the board
2and complies with rules promulgated by the board, the board shall approve the
3school, program, change in ownership or control, teaching location, or
4representative. Approval for a school, program, teaching location, or representative
5shall be
for a period not to exceed one year. No school may advertise in this state
6unless approved by the board. All approved schools shall submit quarterly reports,
7including information on enrollment, number of teachers and their qualifications,
8course offerings, number of graduates, number of graduates successfully employed,
9and such other information as the board considers necessary. If a school closure
10results in losses to students, parents, or sponsors, the board may authorize the full
11or partial payment of those losses from the appropriation under s. 20.292 (2) (gm).
AB281-ASA1, s. 67 12Section 67. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended
13to read:
AB281-ASA1,19,2414 37.40 (2) Application. Application for initial approval or renewal of approval
15of a school or a course of instruction, approval of a teaching location, change of
16ownership, or control of a school, renewal of approval of a school or
program, approval
17of a substantially revised program,
reinstatement of approval of a school or course
18of instruction that
whose approval has been revoked , approval of a teaching location,
19approval of a change of ownership or control of a school, or approval of a
20representative
shall be made on a form furnished by the board and shall be
21accompanied by a fee set by the board under par. (c) sub. (3) and any other
22information as that the board considers necessary to evaluate the school, program,
23teaching location, change of ownership or control, or representative
in carrying out
24the purpose of this section chapter.
AB281-ASA1, s. 68
1Section 68. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title)
2and amended to read:
AB281-ASA1,20,33 37.40 (3) (title) Fees; rule making.
AB281-ASA1, s. 69 4Section 69. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3)
5(intro.).
AB281-ASA1, s. 70 6Section 70. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and
7amended to read:
AB281-ASA1,20,108 37.40 (3) (a) Require that the amount of fees collected under this paragraph
9subsection be sufficient to cover all costs that the board incurs in examining and
10approving proprietary schools under this subsection sub. (1).
AB281-ASA1, s. 71 11Section 71. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and
12amended to read:
AB281-ASA1,20,1413 37.40 (3) (b) Give consideration to establishing a variable fee structure based
14on the size of a proprietary school.
AB281-ASA1, s. 72 15Section 72. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and
16amended to read:
AB281-ASA1,20,1717 37.40 (3) (c) Specify a fee to accompany all applications under par. (b) sub. (2).
AB281-ASA1, s. 73 18Section 73. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).
AB281-ASA1, s. 74 19Section 74. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and
20amended to read:
AB281-ASA1,20,2321 37.40 (4) Limit on student protection fee. The board shall discontinue
22collecting annual student protection fees under par. (c) 4. sub. (3) (d) during the
23period that the balance in the fund created by those fees exceeds $1,000,000.
AB281-ASA1, s. 75 24Section 75. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended
25to read:
AB281-ASA1,21,4
137.50 (2) Enforcement. The attorney general or any district attorney may
2bring an action in circuit court for the enforcement of this subsection chapter,
3including bringing an action to restrain by temporary or permanent injunction any
4violation of par. (a) this chapter.
AB281-ASA1, s. 76 5Section 76. 38.50 (10) (e) of the statutes is renumbered 37.50 (3) and amended
6to read:
AB281-ASA1,21,97 37.50 (3) Penalties. Any person who violates par. (a) any provision of this
8chapter
may be required to forfeit not more than $500. Each day of operation in
9continued violation of par. (a) constitutes a separate offense.
AB281-ASA1, s. 77 10Section 77. 38.50 (10) (f) of the statutes is renumbered 37.50 (4) and amended
11to read:
AB281-ASA1,21,1512 37.50 (4) Other remedies. In addition to any other remedies provided by law,
13a student who attends a school that is in violation of par. (a) this chapter may bring
14a civil action to recover fees paid to the school in violation of par. (a) this chapter
15together with costs and disbursements, including reasonable attorney fees.
AB281-ASA1, s. 78 16Section 78. 38.50 (11) (title) of the statutes is renumbered 37.55 (title).
AB281-ASA1, s. 79 17Section 79. 38.50 (11) (a) (intro.) of the statutes is renumbered 37.55 (1) (intro.)
18and amended to read:
AB281-ASA1,21,1919 37.55 (1) (intro.) In this subsection section:
AB281-ASA1, s. 80 20Section 80. 38.50 (11) (a) 1. of the statutes is repealed.
AB281-ASA1, s. 81 21Section 81. 38.50 (11) (a) 2. of the statutes is repealed.
AB281-ASA1, s. 82 22Section 82. 38.50 (11) (a) 3. of the statutes is renumbered 37.55 (1) (b) and
23amended to read:
AB281-ASA1,22,824 37.55 (1) (b) "Student record" means, in the case of a school, as defined in sub.
25(1) (e) (intro.),
a transcript for a student or former student of a school showing the

1name of the student, the title of the program in which the student was or is enrolled,
2the total number of credits or hours of instruction completed by the student, the dates
3of enrollment, the grade for each course, lesson, or unit of instruction completed by
4the student, the student's cumulative grade for the program, and an explanation of
5the school's credit and grading system. In the case of a school described in sub. (1)
6(e) 1., 6., 7., or 8, "student record" means a transcript for a student or former student
7of the school showing such information about the academic work completed by the
8student or former student as is customarily maintained by the school.
AB281-ASA1, s. 83 9Section 83. 38.50 (11) (b) 1. of the statutes is renumbered 37.55 (2) and
10amended to read:
AB281-ASA1,22,1811 37.55 (2) If a school operating in this state discontinues its operations, proposes
12to discontinue its operations, or is in imminent danger of discontinuing its operations
13as determined by the board, if the student records of the school are not taken into
14possession under subd. 2.
, and if the board determines that the student records of the
15school are in danger of being destroyed, secreted, mislaid, or otherwise made
16unavailable to the persons who are the subjects of those student records or the
17authorized representatives of those persons, the board may take possession of those
18student records.
AB281-ASA1, s. 84 19Section 84. 38.50 (11) (b) 2. of the statutes is repealed.
AB281-ASA1, s. 85 20Section 85. 38.50 (11) (c) of the statutes is renumbered 37.55 (3) and amended
21to read:
AB281-ASA1,23,222 37.55 (3) If necessary to protect student records from being destroyed, secreted,
23mislaid, or otherwise made unavailable to the persons who are the subjects of those
24student records or the authorized representatives of those persons, the board or

1association
may seek a court order authorizing the board or association to take
2possession of those student records.
AB281-ASA1, s. 86 3Section 86. 38.50 (11) (d) of the statutes is renumbered 37.55 (4) and amended
4to read:
AB281-ASA1,23,155 37.55 (4) The board or association shall preserve a student record that comes
6into the possession of the board or association under par. (b) 1. or 2. sub. (2) and shall
7keep the student record confidential as provided under 20 USC 1232g and 34 CFR
8part 99
. A student record in the possession of the board is not open to public
9inspection or copying under s. 19.35 (1). Upon request of the person who is the subject
10of a student record or an authorized representative of that person, the board or
11association
shall provide a copy of the student record to the requester. The board or
12association
may charge a fee for providing a copy of a student record. The fee shall
13be based on the administrative cost of taking possession of, preserving, and providing
14the copy of the student record. All fees collected by the board under this paragraph
15subsection shall be credited to the appropriation account under s. 20.292 (2) (i).
AB281-ASA1, s. 87 16Section 87. 45.20 (1) (d) of the statutes is amended to read:
AB281-ASA1,23,2217 45.20 (1) (d) "Tuition," when referring to the University of Wisconsin System,
18means academic fees and segregated fees; when referring to the technical colleges,
19means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and
20when referring to a high school, a school that is approved under s. 45.03 (11), or a
21proprietary school that is approved under s. 38.50 ch. 37, means the charge for the
22courses or programs for which a person is enrolled.
AB281-ASA1, s. 88 23Section 88. 45.20 (2) (a) 1. of the statutes is amended to read:
AB281-ASA1,24,424 45.20 (2) (a) 1. The department shall administer a tuition reimbursement
25program for eligible veterans enrolling as undergraduates in any institution of

1higher education in this state, enrolling in a school that is approved under s. 45.03
2(11), enrolling in a proprietary school that is approved under s. 38.50 ch. 37, enrolling
3in a public or private high school, or receiving a waiver of nonresident tuition under
4s. 39.47.
AB281-ASA1, s. 89 5Section 89. 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:
AB281-ASA1,24,116 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise
7qualified to receive benefits under this subsection may receive the benefits under
8this subsection upon the completion of any correspondence courses or part-time
9classroom study from an institution of higher education located outside this state,
10from a school that is approved under s. 45.03 (11), or from a proprietary school that
11is approved under s. 38.50 ch. 37, if any of the following applies:
AB281-ASA1, s. 90 12Section 90. 45.20 (2) (c) 1. of the statutes is amended to read:
AB281-ASA1,24,2413 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b)
141. may be reimbursed upon satisfactory completion of an undergraduate semester in
15any institution of higher education in this state, or upon satisfactory completion of
16a course at any school that is approved under s. 45.03 (11), any proprietary school
17that is approved under s. 38.50 ch. 37, any public or private high school, or any
18institution from which the veteran receives a waiver of nonresident tuition under s.
1939.47. Except as provided in par. (e), the amount of reimbursement may not exceed
20the total cost of the veteran's tuition minus any grants or scholarships that the
21veteran receives specifically for the payment of the tuition, or, if the tuition is for an
22undergraduate semester in any institution of higher education, the standard cost of
23tuition for a state resident for an equivalent undergraduate semester at the
24University of Wisconsin-Madison, whichever is less.
AB281-ASA1, s. 91 25Section 91. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:
AB281-ASA1,25,5
145.20 (2) (d) 1. (intro.) A veteran's eligibility for reimbursement under this
2subsection at any institution of higher education in this state, at a school that is
3approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50
4ch. 37, at a public or private high school, or at an institution where he or she is
5receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:
AB281-ASA1, s. 92 6Section 92. 45.21 (2) (a) of the statutes is amended to read:
AB281-ASA1,25,117 45.21 (2) (a) The veteran is enrolled in a training course in a technical college
8under ch. 38 or in a proprietary school in the state approved by the educational
9approval board under s. 38.50 ch. 37, other than a proprietary school offering a
104-year degree or 4-year program, or is engaged in a structured on-the-job training
11program that meets program requirements promulgated by the department by rule.
AB281-ASA1, s. 93 12Section 93. 71.05 (6) (b) 28. (intro.) of the statutes, as affected by 2007
13Wisconsin Act 20
, is amended to read:
AB281-ASA1,25,2014 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and
15mandatory student fees for a student who is the claimant or who is the claimant's
16child and the claimant's dependent who is claimed under section 151 (c) of the
17Internal Revenue Code, to attend any university, college, technical college or a school
18approved under s. 38.50 ch. 37, that is located in Wisconsin or to attend a public
19vocational school or public institution of higher education in Minnesota under the
20Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:
AB281-ASA1, s. 94 21Section 94. 182.028 of the statutes is amended to read:
AB281-ASA1,26,9 22182.028 School corporations. Any corporation formed for the establishment
23and maintenance of schools, academies, seminaries, colleges or universities or for the
24cultivation and practice of music shall have power to enact bylaws for the protection
25of its property, and provide fines as liquidated damages upon its members and

1patrons for violating the bylaws, and may collect the same in tort actions, and to
2prescribe and regulate the courses of instruction therein, and to confer such degrees
3and grant such diplomas as are usually conferred by similar institutions or as shall
4be appropriate to the courses of instruction prescribed, except that no corporation
5shall operate or advertise a school that is subject to s. 38.50 (10) 37.40 (1) without
6complying with the requirements of s. 38.50 ch. 37. Any stockholder may transfer
7his or her stock to the corporation for its use; and if the written transfer so provides
8the stock shall be perpetually held by the board of directors with all the rights of a
9stockholder, including the right to vote.
AB281-ASA1, s. 95 10Section 95. 460.05 (1) (e) 1. of the statutes is amended to read:
AB281-ASA1,26,1411 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork
12approved by the educational approval board under s. 38.50 ch. 37 or completed a
13training program approved by the department under the rules promulgated under
14s. 460.04 (2) (b).
AB281-ASA1, s. 96 15Section 96. 944.21 (8) (b) 3. a. of the statutes is amended to read:
AB281-ASA1,26,1816 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational
17approval board under s. 38.50 ch. 37, or is a school described in s. 38.50 (1) (e) 6., 7.
18or 8.
37.01 (6) (f); and
AB281-ASA1, s. 97 19Section 97. 948.11 (4) (b) 3. a. of the statutes is amended to read:
AB281-ASA1,26,2220 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational
21approval board under s. 38.50 ch. 37, or is a school described in s. 38.50 (1) (e) 6., 7.
22or 8.
37.01 (6) (f); and
AB281-ASA1, s. 98 23Section 98. Effective dates. This act takes effect on the day after publication,
24except as follows:
AB281-ASA1,27,3
1(1) Representative's permits. The repeal and recreation of section 20.292 (2)
2(g) of the statutes and the repeal of section 37.60 of the statutes take effect on the first
3day of the 24th month beginning after publication.
Loading...
Loading...