SECTION 1800. 36.51 (7) of the statutes is amended to read:
36.51 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent department of public instruction education under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no center or institution may be required to provide special foods for individual persons with allergies or medical disorders.
SECTION 1801. 38.04 (11) (a) 2. of the statutes is amended to read:
38.04 (11) (a) 2. In consultation with the state superintendent department of public instruction, the board shall establish, by rule, a uniform format for district boards to use in reporting the number of pupils attending district schools under ss. 118.15 (1) (b), (cm) and (d) and 118.37 118.55 and in reporting pupil participation in technical preparation programs under s. 118.34, including the number of courses taken for advanced standing in the district's associate degree program and for vocational, technical and adult education college credit. The format shall be identical to the format established by the state superintendent department of public instruction under s. 115.28 (38).
****NOTE: This is reconciled s. 38.04 (11) (a) 2. This section has been treated by LRB-2003, LRB-0707 and LRB-0866.
SECTION 1802. 38.04 (18) of the statutes is repealed.
SECTION 1803. 38.04 (26) of the statutes is amended to read:
38.04 (26) TECHNICAL PREPARATION PROGRAMS. In consultation with the state superintendent department of public instruction education, the board shall approve courses for technical preparation programs under s. 118.34. By July 1, 1994, and annually thereafter by July 1, the board shall publish a list of the approved courses that indicates the schools in which each course is taught and the credit equivalency available in each district for each course.
SECTION 1804. 38.08 (1) (a) 1. of the statutes is amended to read:
38.08 (1) (a) 1. A district board shall administer the district and shall be composed of 9 11 members who are residents of the district, including 2 employers, 2 employes, 3 additional members, a school district administrator, as defined under s. 115.001 (8), and one elected official who holds a state or local office, as defined in s. 5.02, except for the office of party committeeman or party committeewoman, a member of the board of control of the cooperative educational service agency that is located in the district and one employe of a school district or cooperative educational service agency, located in the district, who represents a school-to-work program. The board shall by rule define "employer" and "employe" for the purpose of this subdivision.
SECTION 1805. 38.08 (2m) of the statutes is amended to read:
38.08 (2m) Any member of a district board serving as an elected official under sub. (1) (a) 1. shall cease to be a member upon vacating his or her office as an elected official. Any member of a district board serving as a member of a board of control of a cooperative educational service agency shall cease to be a member of the district board upon vacating his or her position as a member of the board of control.
SECTION 1806. 38.10 (1) (intro.) of the statutes is amended to read:
38.10 (1) (intro.) District Except as provided in sub. (3), district board members shall be appointed by an appointment committee constituted as follows:
SECTION 1807. 38.10 (3) of the statutes is created to read:
38.10 (3) (a) The board of control of the cooperative educational service agency in which the district is located shall appoint one of its members to the district board whenever a vacancy in that position on the district board occurs.
(b) The board of control of the cooperative educational service agency in which the district is located shall appoint the school district or agency employe who represents a school-to-work program whenever a vacancy in that position on the district board occurs.
SECTION 1808. 38.14 (14) of the statutes is created to read:
38.14 (14) DISTANCE EDUCATION. The district board may undertake a distance education project, either individually or in association with one or more district boards, school boards and University of Wisconsin System institutions or centers. In this subsection, "distance education" has the meaning given in s. 16.97 (4m).
SECTION 1809. 38.22 (1) (intro.) of the statutes is amended to read:
38.22 (1) (intro.) Except as provided in subs. (1m) and (1s) and s. 118.37 118.55, every person who is at least the age specified in s. 118.15 (1) (b) is eligible to attend the schools of a district if the person is:
SECTION 1810. 38.24 (1m) (b) of the statutes is amended to read:
38.24 (1m) (b) Postsecondary and vocational-adult programs. Uniform fees based on not less than 14% of the combined estimated statewide operational cost of postsecondary, exclusive of collegiate transfer, and vocational-adult programs. The board shall maintain statewide uniformity in the program fees charged for postsecondary and vocational-adult credits. Students 62 years old and over shall be exempted from program fees under this paragraph in vocational-adult programs. Students enrolled in adult high school, including students enrolled under s. 118.15 (1) (cm) 3, adult basic education and English as a 2nd language courses shall be exempted from program fees under this paragraph. The board shall establish fees under this paragraph as if students exempt from fees under sub. (4) were not exempt.
SECTION 1811. 38.28 (1m) (a) 1. of the statutes is amended to read:
38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.37 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.
SECTION 1812. 38.28 (1m) (a) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
38.28 (1m) (a) 1. "District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 46.32, 118.15 (2) (a), 118.55 and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.
****NOTE: This is reconciled s. 38.28 (1m) (a) 1. This SECTION has been affected by drafts with the following LRB numbers: -0866/3 and -2153/1.
SECTION 1813. 38.30 (1) (b) of the statutes is amended to read:
38.30 (1) (b) District boards may receive payments from the department of health and social services industry, labor and human relations under s. 47.02 to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans ineligible for benefits under par. (a).
SECTION 1814. 38.36 (7) of the statutes is amended to read:
38.36 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the state superintendent department of public instruction education under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.
SECTION 1815. 38.51 (title) of the statutes is amended to read:
38.51 (title) Educational approval board Proprietary schools.
SECTION 1816. 38.51 (1) (a) of the statutes is repealed.
SECTION 1817. 38.51 (1) (cm) of the statutes is created to read:
38.51 (1) (cm) "Department" means the department of education.
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.
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.
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.
SECTION 1821. 38.51 (5) of the statutes is repealed.
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.
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:
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.
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.
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.
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.
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.
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:
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;
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;
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;
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);
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.
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.
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.
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.
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.
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:
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.
SECTION 1841. 39.11 (7) of the statutes is renumbered 16.991 (1) (b) and amended to read:
16.991 (1) (b) Lease, purchase or construct radio and television facilities for joint use, such as network interconnection or relay equipment, mobile units, or other equipment available for statewide use;.
SECTION 1842. 39.11 (8) of the statutes is renumbered 16.991 (1) (c) and amended to read:
16.991 (1) (c) Apply for, construct and operate radio and television transmission equipment in order to provide broadcast service to all areas of this state;.
SECTION 1843. 39.11 (11) of the statutes is amended to read:
39.11 (11) If Jointly with the department of administration, if appropriate funds are made available, file applications after appropriate engineering studies and feasibility surveys for the construction and operation of noncommercial educational radio and television transmitters in the vicinities of Wausau, Colfax, La Crosse and Appleton and translators in the Platteville and Ashland area.
SECTION 1844. 39.11 (12) of the statutes is renumbered 16.991 (1) (e) and amended to read:
16.991 (1) (e) Establish and operate, as soon as practicable, an interconnection between the broadcast facilities and higher education campuses to facilitate statewide use of closed circuit and broadcast radio and television for educational purposes. Additional facilities may be authorized by the educational communications board department if deemed necessary and if funds are available for such purposes.
SECTION 1845. 39.115 (3) of the statutes is created to read:
