38.51 (title) Educational approval board Proprietary schools.
27,1816 Section 1816 . 38.51 (1) (a) of the statutes is repealed.
27,1817 Section 1817 . 38.51 (1) (cm) of the statutes is created to read:
38.51 (1) (cm) “Department" means the department of education.
27,1818 Section 1818 . 38.51 (1) (g) of the statutes is amended to read:
38.51 (1) (g) “Teaching location" means the area and facilities designated for use by a school required to be approved by the board department under this section.
27,1819 Section 1819 . 38.51 (2) of the statutes is amended to read:
38.51 (2) Purpose. The purpose of the board this section 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.
27,1820 Section 1820 . 38.51 (3) of the statutes is amended to read:
38.51 (3) Rule-making power. The board department shall promulgate rules and establish standards necessary to carry out its the purpose of this section.
27,1821 Section 1821 . 38.51 (5) of the statutes is repealed.
27,1822 Section 1822 . 38.51 (6) (a) of the statutes is amended to read:
38.51 (6) (a) Except as provided in par. (b) the board department 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.
27,1823 Section 1823 . 38.51 (7) (intro.) of the statutes is amended to read:
38.51 (7) Approval of schools generally. (intro.) 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 department shall:
27,1824 Section 1824 . 38.51 (7) (g) of the statutes is amended to read:
38.51 (7) (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 department and complying with rules promulgated by the board department and publish a list of the schools and courses of instruction approved.
27,1825 Section 1825 . 38.51 (7) (h) of the statutes is amended to read:
38.51 (7) (h) Issue permits to solicitors when all board department requirements have been met.
27,1826 Section 1826 . 38.51 (7) (i) of the statutes is amended to read:
38.51 (7) (i) Require schools to furnish a surety bond in an amount as provided by rule of the board department.
27,1827 Section 1827 . 38.51 (8) (a) of the statutes is amended to read:
38.51 (8) (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 department. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.
27,1828 Section 1828 . 38.51 (8) (b) of the statutes is amended to read:
38.51 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board department and shall be accompanied by a fee and a surety bond acceptable to the board department in the sum of $2,000. The board department 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 department 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 department 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 department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board department requests of the applicant. The board department shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.
27,1829 Section 1829 . 38.51 (8) (c) (intro.) of the statutes is amended to read:
38.51 (8) (c) Refusal or revocation of permit. (intro.) The board department may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
27,1830 Section 1830 . 38.51 (8) (c) 1. of the statutes is amended to read:
38.51 (8) (c) 1. Wilful violation of this subsection or any rule promulgated by the board department under this section;
27,1831 Section 1831 . 38.51 (8) (c) 2. of the statutes is amended to read:
38.51 (8) (c) 2. Furnishing false, misleading or incomplete information to the board department;
27,1832 Section 1832 . 38.51 (8) (c) 4. of the statutes is amended to read:
38.51 (8) (c) 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board department;
27,1833 Section 1833 . 38.51 (8) (c) 5. of the statutes is amended to read:
38.51 (8) (c) 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 department pursuant to sub. (7);
27,1834 Section 1834 . 38.51 (8) (d) of the statutes is amended to read:
38.51 (8) (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 department. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
27,1835 Section 1835 . 38.51 (8) (e) of the statutes is amended to read:
38.51 (8) (e) Request for appearance. Within 20 days of the receipt of notice of the board's department'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 department in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request the board department 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.
27,1836 Section 1836 . 38.51 (9) (h) of the statutes is amended to read:
38.51 (9) (h) Schools accredited by accrediting agencies recognized by the board department.
27,1837 Section 1837 . 38.51 (10) (a) of the statutes is amended to read:
38.51 (10) (a) Authority. All proprietary schools shall be examined and approved by the board department before operating in this state. Approval shall be granted to schools meeting the criteria established by the board department for a period not to exceed one year. No school may advertise in this state unless approved by the board department. 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 department deems necessary.
27,1838 Section 1838 . 38.51 (10) (b) of the statutes is amended to read:
38.51 (10) (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 department and shall be accompanied by a fee set by the board department under par. (c), and such other information as the board department deems necessary to evaluate the school in carrying out the purpose of this section.
27,1839 Section 1839 . 38.51 (10) (c) (intro.) of the statutes is amended to read:
38.51 (10) (c) Fees; rule making. (intro.) The board department shall promulgate rules to establish fees. In promulgating rules to establish fees, the board department shall:
27,1840 Section 1840 . 38.51 (10) (c) 1. of the statutes is amended to read:
38.51 (10) (c) 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board department incurs in examining and approving proprietary schools under this subsection.
27,1845 Section 1845 . 39.115 (3) of the statutes is created to read:
39.115 (3) Enter into a contract with any state agency, county, cooperative educational service agency, technical college district, municipality or school district for the educational communications board to furnish engineering and other services related to the construction or operation of telecommunications facilities.
27,1851j Section 1851j. 39.155 (1) of the statutes is amended to read:
39.155 (1) All Subject to sub. (3), all funds appropriated to the medical college of Wisconsin, inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an amount for each Wisconsin resident enrolled at the college who is paying full tuition. A student's qualification as a resident of this state shall be determined by the higher educational aids board in accordance with s. 36.27, so far as applicable.
27,1851p Section 1851p. 39.155 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
39.155 (1) Subject to sub. (3), all funds appropriated to the medical college of Wisconsin, inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an amount for each Wisconsin resident enrolled at the college who is paying full tuition. A student's qualification as a resident of this state shall be determined by the department of education in accordance with s. 36.27, so far as applicable.
27,1851t Section 1851t. 39.155 (2) of the statutes is amended to read:
39.155 (2) On or before January 15 and September 15 of each year, the medical college of Wisconsin, inc., shall submit to the higher educational aids board department of education for its approval a list of the Wisconsin residents enrolled at the college who are paying full tuition. The state shall make semiannual payments to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), upon approval of the list. If the appropriation under s. 20.250 (1) (a) is insufficient to pay the amount specified to be disbursed under s. 20.250 (1) (a), the payments shall be disbursed on a prorated basis for each student entitled to such aid. No more than 8 such payments may be made to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), for any individual student.
27,1852 Section 1852. 39.155 (3) of the statutes is amended to read:
39.155 (3) The medical college of Wisconsin, inc., may not assess tuition for a Wisconsin resident enrolled at the college in an amount that exceeds the difference between the tuition assessed a nonresident student enrolled at the college and the amount disbursed under s. 20.250 (1) (a) for each Wisconsin resident enrolled at the college. This subsection applies only to students enrolled in the class entering the college in the 1986-87 academic year and thereafter for whom payments are made to the Medical College of Wisconsin, Inc., from the appropriation under s. 20.250 (1) (a).
27,1853 Section 1853 . Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:
CHAPTER 39
SUBCHAPTER III
HIGHER EDUCATIONAL AIDS BOARD
27,1854 Section 1854 . 39.26 of the statutes is amended to read:
39.26 Definition. In this subchapter, “board" “department" means the higher educational aids board department of education.
27,1855m Section 1855m. 39.27 of the statutes is repealed.
27,1856 Section 1856 . 39.28 (1) and (2) of the statutes are amended to read:
39.28 (1) The board department shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. It The department may accept and use any funds which it receives from participating institutions, lenders or agencies. It The department may enter into such contracts as are necessary to carry out its functions under this subchapter.
(2) The board department shall establish plans to be administered by the board department for participation by this state under any federal acts relating to higher education and submit them to the U.S. commissioner of education for the commissioner's approval. The board department may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.
27,1857 Section 1857 . 39.28 (3) of the statutes is repealed.
27,1858 Section 1858 . 39.28 (4) of the statutes is amended to read:
39.28 (4) The board department may assign, sell, convey or repurchase student loans made under s. 39.32 subject to prior approval by the joint committee on finance.
27,1859 Section 1859 . 39.28 (5) of the statutes is repealed.
27,1859m Section 1859m. 39.285 of the statutes is created to read:
39.285 Education commission review of proposed formulae. (1) By May 1, 1996, and annually thereafter, the education commission shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or s. 36.11 (6) (c) or 38.04 (7m).
(2) By April 10, 1996, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.
27,1860 Section 1860 . 39.29 of the statutes is repealed.
27,1861 Section 1861 . 39.30 (2) (e) of the statutes is amended to read:
39.30 (2) (e) The board department may not make a grant to a student if it the department receives a certification under s. 46.255 (7) that the student is delinquent in child support or maintenance payments.
27,1861m Section 1861m. 39.30 (2) (f) of the statutes is created to read:
39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) is approved or modified by the education commission under s. 39.285 (1).
27,1862 Section 1862 . 39.30 (3) (e) of the statutes is amended to read:
39.30 (3) (e) The board department shall establish criteria for the treatment of financially independent students which are consistent with procedures in pars. (a) to (d).
27,1863 Section 1863 . 39.30 (3) (f) of the statutes is amended to read:
39.30 (3) (f) The board department may not make initial awards of grants under this section for an academic year in an amount that exceeds 122% of the amount appropriated under s. 20.235 (1) (b) for the fiscal year in which the grant may be paid.
27,1864 Section 1864 . 39.30 (4) of the statutes is amended to read:
39.30 (4) Forms. The board department shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, it the department shall advise and assist applicants in making out such forms.
27,1865 Section 1865 . 39.31 (intro.) of the statutes is amended to read:
39.31Determination of student costs. (intro.) In determining a student's total cost of attending a postsecondary institution for the purpose of calculating the amount of a grant under s. 39.30, 39.38, 39.435 or 39.44 the board department shall include the following:
27,1866 Section 1866 . 39.31 (2) of the statutes is amended to read:
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