39.45(1)(a)
(a) "Institution of higher education" means a public or private nonprofit educational institution meeting the requirements of
s. 39.30 or
39.435 for the purpose of awarding grants under those sections.
39.45(2)
(2) There is established, to be determined by the board, a grant program for resident students who are current recipients of aid to families with dependent children under
s. 49.19.
39.45(3)
(3) Grants under this section shall be awarded on the basis of financial need, as determined by the board, to resident students enrolled for at least 6 academic credits in the 2nd or 3rd year in programs leading to an associate degree or the 3rd, 4th or 5th year in programs leading to a bachelor's degree. Except as provided in
sub. (5), no grant may exceed $4,000 per academic year. Students may apply for grants, upon a form prepared and furnished by the board, on or after February 1 of any year for the fall semester or session of the upcoming academic year. No student is eligible to receive a grant under this section for more than 3 academic years.
39.45(4)
(4) The board shall give preference, as much as practicable, in awarding grants under this section to students enrolled in courses likely to increase the immediate employment opportunities of such students. The board shall publish a list of such courses and shall include courses that have an occupational or vocational objective in areas with existing labor needs.
39.45(5)
(5) The board may award supplemental grants of between $500 and $1,000 per child per semester or session to students for the cost of child care for preschool children of the students. The student shall demonstrate, as determined by the board, financial need for the supplemental grant. In awarding grants under this subsection, the board may not exceed 20% of the appropriation for a given fiscal year for the grant program.
39.45(6)
(6) From the appropriation under
s. 20.235 (1) (fc), the board shall use available funds to make grant awards under this section, but no award may be made before March 1 for the fall semester or session of the upcoming academic year.
39.45(7)
(7) The board shall promulgate rules to administer this section, including criteria and procedures for repayment of grants awarded under this section, including interest, by certain grant recipients who no longer reside in this state or do not successfully complete requirements for a degree. The board shall deposit in the general fund as general purpose revenue-earned all repayments of grants awarded under this section and the interest on the grants.
39.45(8)
(8) No student is eligible for an original grant under this section after the 1996-97 academic year.
39.46
39.46
Contract for dental education. 39.46(1)
(1) On or before July 1 of each year, the board shall initiate, investigate and formulate for procurement, a contract for dental education services in accordance with this section. Thereafter, the board shall conduct a biennial analysis of the program and include a report on its findings and recommendations in its reports under
s. 15.04 (1) (d). The legislative audit bureau shall biennially postaudit expenditures under this section.
Section 16.75 (1) to
(5) are waived with respect to such contract.
39.46(2)
(2) The contract under this section shall be between this state and a private nonprofit institution of higher education in this state which operates a dental school that is accredited, as defined in
s. 447.01 (1), and shall relate, in all provisions, exclusively to the providing of dental education in the dental school of such institution. The contract shall require:
39.46(2)(a)
(a) That no courses of instruction in subject matters of a religious nature be included in any instructional program or curriculum administered in or by the dental school, and that no such courses be required for admission to or graduation from the dental school.
39.46(2)(b)
(b) That applicants for admission to the dental school who are residents of this state be accorded preference over other applicants having substantially equal academic qualifications and credentials.
39.46(2)(c)
(c) That for purposes of this section the nondiscrimination provisions of
s. 16.765, expanded to prohibit discrimination on the basis of sex, be limited to apply only to the operation of the dental school and that no such prohibited discrimination be practiced with respect to admissions to the dental school.
39.46(2)(d)
(d) That the dental school administer and operate its courses and programs in dentistry in conformity with academic and professional standards, rules and requirements and seek progressively to enrich and improve its courses of dental education, research and public service by full and efficient use of budgetary and other resources available to it. In monitoring compliance with this paragraph the board may rely on 3rd-party evaluations conducted by appropriate and recognized accrediting bodies.
39.46(2)(e)
(e) That all sums to be received by the dental school under the contract be used exclusively in providing undergraduate education in dentistry.
39.46(2)(f)
(f) That the dental school may not assess tuition for a Wisconsin resident enrolled at the school in an amount that exceeds the difference between the tuition assessed a nonresident student enrolled at the school and the amount specified to be disbursed under
s. 20.235 (1) (d) for each Wisconsin resident enrolled at the school.
39.46(2)(g)
(g) That the dental school make every effort to ensure that at least 5% of the total enrollment of the school consists of minority students.
39.46(3)(a)(a) In the contract under this section, the state shall agree, subject to availability of appropriations for such purpose, that it will pay to the dental school of the contracting institution, on account of its furnishing of such dental education, research and public service courses and programs, an amount for each resident of this state who is regularly enrolled as a full-time undergraduate student in dentistry in the school.
39.46(3)(b)
(b) The state shall remit payments directly to the dental school of the contracting institution in monthly instalments upon submission of instalment bills or statements. The state shall audit these bills or statements semiannually.
39.46(4)
(4) A student's qualification under this section as a resident of this state shall be determined in accordance with
s. 36.27, so far as applicable. No amount may be computed based upon the enrollment of any student who is not a full-time dental student. The number of full-time resident students shall be determined 2 weeks following the late registration period each semester.
39.47
39.47
Minnesota-Wisconsin student reciprocity agreement. 39.47(1)(1) There is established, to be administered by the board, a Minnesota-Wisconsin student reciprocity agreement, the purpose of which shall be to ensure that neither state shall profit at the expense of the other and that the determination of any amounts owed by either state under the agreement shall be based on an equitable formula which reflects the educational costs incurred by the 2 states. The board, representing this state, shall enter into an agreement meeting the requirements of this section with the designated body representing the state of Minnesota.
39.47(2)
(2) The agreement under this section shall provide for the waiver of nonresident tuition for a resident of either state who is enrolled in a public vocational school located in the other state. The agreement shall also establish a reciprocal fee structure for residents of either state who are enrolled in public institutions of higher education, other than vocational schools, located in the other state. The reciprocal fee may not exceed the higher of the resident tuition that would be charged the student at the public institution of higher education in which the student is enrolled or the resident tuition that would be charged the student at comparable public institutions of higher education located in his or her state of residence, as specified in the annual administrative memorandum under
sub. (2g). The agreement shall take effect on July 1, 1998. The agreement is subject to the approval of the joint committee on finance under
s. 39.42.
39.47(2g)
(2g) Prior to each academic year, the board and the designated body representing the state of Minnesota shall prepare an administrative memorandum that establishes policies and procedures for implementation of the agreement for the upcoming academic year, including a description of how the reciprocal fee structure shall be determined for purposes of
sub. (2), and the board shall submit the administrative memorandum to the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the administrative memorandum within 14 working days after the date of the submittal, the administrative memorandum may be implemented as proposed by the board. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the board that the committee has scheduled a meeting for the purpose of reviewing the administrative memorandum, the administrative memorandum may be implemented only upon approval of the committee.
39.47(2m)
(2m) No resident of this state may receive a waiver of nonresident tuition under this section if the board receives a certification under
s. 49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
39.47(3)
(3) Annually, each state shall determine the number of students for whom nonresident tuition has been waived under the agreement. Each state shall certify to the other state, in addition to the number of students so determined, the aggregate amount of its reimbursement obligation. The state with the smaller reimbursement obligation shall receive from the other state an amount determined by subtracting the reimbursement obligation of the state receiving the payment from the reimbursement obligation of the state making the payment. The agreement shall provide a reasonable date for payment of any such sums due and owing to either state, after which date interest may be charged on the amount owed. The methodology for determination of the appropriate interest rate shall be included in the agreement. Any payments received by this state under this subsection shall be deposited in the general fund.
39.51
39.51
Educational approval board. 39.51(1)
(1)
Definitions. In this section unless the context clearly requires otherwise:
39.51(1)(a)
(a) "Board" means the educational approval board.
39.51(1)(b)
(b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or which covers a specified amount of related subject matter.
39.51(1)(c)
(c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.
39.51(1)(d)
(d) "Person" means any individual, partnership, association, corporation or limited liability company, or any combination thereof.
39.51(1)(e)
(e) "School" means any person, located within or outside this state, maintaining, advertising or conducting any course or course of instruction for profit or a tuition charge; but in
subs. (7),
(8) and
(10) "school" means any private trade, correspondence, business or technical school not excepted under
sub. (9).
39.51(1)(f)
(f) "Solicitor" means a person employed by or representing a school located either within or outside this state who, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in such school.
39.51(1)(g)
(g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board under this section.
39.51(2)
(2) Purpose. The purpose of the board is to approve schools and courses of instruction for the training of veterans of the armed forces and war orphans receiving assistance from the federal government, protect the general public by inspecting 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 these schools, teaching locations used by these schools and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.
39.51(3)
(3) Rule-making power. The board shall promulgate rules and establish standards necessary to carry out the purpose of this section.
39.51(5)
(5) Employes, quarters. The board shall employ a person to perform the duties of an executive secretary and such other persons under the classified service as may be necessary to carry out its purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the higher educational aids board.
39.51(6)
(6) Approval agency for veteran's training. 39.51(6)(a)(a) Except as provided in
par. (b), the board shall be the state approval agency for the education and training of veterans and war orphans. It shall approve and supervise schools and courses of instruction for their training under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.
39.51(6)(b)
(b) The governor may designate the following agencies for approval and supervision of special phases of the program of veterans education:
39.51(6)(b)1.
1. On the job and apprenticeship training program, the department of workforce development.
39.51(6)(b)2.
2. On the farm training program, the technical college system board.
39.51(6)(b)3.
3. Funeral directors apprentices, the funeral directors examining board.
39.51(7)
(7) Approval of schools generally. In order 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 generally accepted educational standards, the board shall:
39.51(7)(a)
(a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for such courses of instruction.
39.51(7)(b)
(b) Investigate the adequacy of schools' facilities, equipment, instructional materials and instructional programs and establish minimum standards therefor.
39.51(7)(c)
(c) Establish rules, standards and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.
39.51(7)(d)
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
39.51(7)(e)
(e) 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 or withdraws or is discontinued therefrom.
39.51(7)(f)
(f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.
39.51(7)(g)
(g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the board and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.
39.51(7)(h)
(h) Issue permits to solicitors when all board requirements have been met.
39.51(7)(i)
(i) Require schools to furnish a surety bond in an amount as provided by rule of the board.
39.51(8)(a)(a)
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 therefor in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor first secures a solicitor's permit from the board. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.
39.51(8)(b)
(b)
Solicitor's permit. The application for a solicitor'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 permit. Such 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 faithfully perform the agreement made with the student by the solicitor, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under
sub. (7) (i). Upon approval of a permit, the board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered thereby 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 same upon giving 30 days' notice in writing to the board and thereafter shall be relieved of liability under this paragraph 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 permit.
39.51(8)(c)
(c)
Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
39.51(8)(c)1.
1. Wilful violation of this subsection or any rule promulgated by the board under this section;
39.51(8)(c)2.
2. Furnishing false, misleading or incomplete information to the board;
39.51(8)(c)3.
3. Presenting information to prospective students relating to the school, a course or course of instruction which is false, fraudulent or misleading;
39.51(8)(c)4.
4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board;
39.51(8)(c)5.
5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board pursuant to
sub. (7);
39.51(8)(d)
(d)
Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
39.51(8)(e)
(e)
Request for appearance. Within 20 days of the receipt of notice of the board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time and place.
39.51(8)(f)
(f)
Recovery by students. The bond in force under
par. (b) 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.
39.51(8)(g)
(g)
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 if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.
39.51(8)(h)
(h)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection.
39.51(8)(i)
(i)
Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.
39.51(9)
(9) Exceptions. This section, except the provisions of
sub. (6), shall not apply to the following:
39.51(9)(a)
(a) In-state schools that are exempt from taxation under section
501 of the internal revenue code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.
39.51(9)(b)
(b) Schools that are supported mainly by taxes.
39.51(9)(c)
(c) Schools of a parochial or denominational character offering courses having a sectarian objective.
39.51(9)(d)
(d) Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
39.51(9)(e)
(e) Courses conducted by employers exclusively for their employes.
39.51(9)(f)
(f) Schools, courses of instruction and training programs which are approved or licensed and supervised by other state agencies and boards.
39.51(9)(g)
(g) Schools approved by the department of public instruction for the training of teachers.
39.51(9)(h)
(h) Schools accredited by accrediting agencies recognized by the board.
39.51(10)(a)(a)
Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board 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 deems necessary.
39.51(10)(b)
(b)
Application. Application for initial 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 reinstatement of approval of a school or course of instruction which has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under
par. (c), and such other information as the board deems necessary to evaluate the school in carrying out the purpose of this section.
