AB100-engrossed,620,109
39.51
(1) (g) "Teaching location" means the area and facilities designated for
10use by a school required to be approved by the
department board under this section.
AB100-engrossed,620,2113
39.51
(2) Purpose. The purpose of
this section the board is to approve schools
14and courses of instruction for the training of veterans of the armed forces and war
15orphans receiving assistance from the federal government, protect the general public
16by inspecting and approving private trade, correspondence, business and technical
17schools doing business within this state whether located within or outside this state,
18changes of ownership or control of these schools, teaching locations used by these
19schools and courses of instruction offered by these schools and to regulate the
20soliciting of students for correspondence or classroom courses and courses of
21instruction offered by these schools.
AB100-engrossed,620,2524
39.51
(3) Rule-making power. The
department board shall promulgate rules
25and establish standards necessary to carry out the purpose of this section.
AB100-engrossed, s. 1203
1Section
1203. 38.51 (6) of the statutes is renumbered 39.51 (6), and 39.51 (6)
2(a), as renumbered, is amended to read:
AB100-engrossed,621,73
39.51
(6) (a) Except as provided in par. (b)
, the
department board shall be the
4state approval agency for the education and training of veterans and war orphans.
5It shall approve and supervise schools and courses of instruction for their training
6under Title 38, USC, and may enter into and receive money under contracts with the
7U.S. department of veterans affairs or other appropriate federal agencies.
AB100-engrossed, s. 1204
8Section
1204. 38.51 (7) of the statutes is renumbered 39.51 (7), and 39.51 (7)
9(intro.) and (g) to (i), as renumbered, are amended to read:
AB100-engrossed,621,1410
39.51
(7) Approval of schools generally. (intro.) In order to protect students,
11prevent fraud and misrepresentation in the sale and advertising of courses and
12courses of instruction and encourage schools to maintain courses and courses of
13instruction consistent in quality, content and length with generally accepted
14educational standards, the
department board shall:
AB100-engrossed,621,1815
(g) Approve courses of instruction, schools, changes of ownership or control of
16schools and teaching locations meeting the requirements and standards established
17by the
department board and complying with rules promulgated by the
department 18board and publish a list of the schools and courses of instruction approved.
AB100-engrossed,621,2019
(h) Issue permits to solicitors when all
department
board requirements have
20been met.
AB100-engrossed,621,2221
(i) Require schools to furnish a surety bond in an amount as provided by rule
22of the
department board.
AB100-engrossed, s. 1206
24Section
1206. 38.51 (8) (a) of the statutes is renumbered 39.51 (8) (a) and
25amended to read:
AB100-engrossed,622,6
139.51
(8) (a)
In general. No solicitor representing any school offering any
2course or course of instruction shall sell any course or course of instruction or solicit
3students therefor in this state for a consideration or remuneration, except upon the
4actual business premises of the school, unless the solicitor first secures a solicitor's
5permit from the
department board. If the solicitor represents more than one school,
6a separate permit shall be obtained for each school represented by the solicitor.
AB100-engrossed,623,79
39.51
(8) (b)
Solicitor's permit. The application for a solicitor's permit shall be
10made on a form furnished by the
department board and shall be accompanied by a
11fee and a surety bond acceptable to the
department
board in the sum of $2,000. The
12department board shall, by rule, specify the amount of the fee for a solicitor's permit.
13Such bond may be continuous and shall be conditioned to provide indemnification to
14any student suffering loss as the result of any fraud or misrepresentation used in
15procuring his or her enrollment or as a result of the failure of the school to faithfully
16perform the agreement made with the student by the solicitor, and may be supplied
17by the solicitor or by the school itself either as a blanket bond covering each of its
18solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval
19of a permit
, the
department board shall issue an identification card to the solicitor
20giving his or her name and address, the name and address of the employing school,
21and certifying that the person whose name appears on the card is authorized to solicit
22students for the school. A permit shall be valid for one year from the date issued.
23Liability under this paragraph of the surety on the bond for each solicitor covered
24thereby shall not exceed the sum of $2,000 as an aggregate for any and all students
25for all breaches of the conditions of the bond. The surety of a bond may cancel the
1same upon giving 30 days' notice in writing to the
department board and thereafter
2shall be relieved of liability under this paragraph for any breach of condition
3occurring after the effective date of the cancellation. An application for renewal shall
4be accompanied by a fee, a surety bond acceptable to the
department board in the
5sum of $2,000 if a continuous bond has not been furnished, and such information as
6the
department board requests of the applicant. The
department board shall, by
7rule, specify the amount of the fee for renewal of a solicitor's permit.
AB100-engrossed, s. 1208
8Section
1208. 38.51 (8) (c) of the statutes is renumbered 39.51 (8) (c), and 39.51
9(8) (c) (intro.), 1., 2., 4. and 5., as renumbered, are amended to read:
AB100-engrossed,623,1210
39.51
(8) (c)
Refusal or revocation of permit. (intro.) The
department board 11may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any
12combination of the following grounds:
AB100-engrossed,623,1413
1. Wilful violation of this subsection or any rule promulgated by the
14department board under this section;
AB100-engrossed,623,1615
2. Furnishing false, misleading or incomplete information to the
department 16board;
AB100-engrossed,623,1817
4. Refusal by the school to be represented to allow reasonable inspection or to
18supply information after written request therefor by the
department board;
AB100-engrossed,623,2119
5. Failure of the school which the solicitor represents to meet requirements and
20standards established by and to comply with rules promulgated by the
department 21board pursuant to sub. (7);
AB100-engrossed, s. 1209
22Section
1209. 38.51 (8) (d) to (i) of the statutes are renumbered 39.51 (8) (d)
23to (i), and 39.51 (8) (d) and (e), as renumbered, are amended to read:
AB100-engrossed,624,324
39.51
(8) (d)
Notice of refusal to issue or renew permit. Notice of refusal to issue
25or renew a permit or of the revocation of a permit shall be sent by registered mail to
1the last address of the applicant or permit holder shown in the records of the
2department board. Revocation of a permit shall be effective 10 days after the notice
3of revocation has been mailed to the permit holder.
AB100-engrossed,624,104
(e)
Request for appearance. Within 20 days of the receipt of notice of the
5department's board's refusal to issue or renew a permit or of the revocation of a
6permit, the applicant or holder of the permit may request permission to appear
7before the
department board in person, with or without counsel, to present reasons
8why the permit should be issued or reinstated. Upon receipt of such request
, the
9department board shall grant a hearing to the applicant or holder of the permit
10within 30 days giving that person at least 10 days' notice of the date, time and place.
AB100-engrossed, s. 1210
11Section
1210. 38.51 (9) of the statutes is renumbered 39.51 (9), and 39.51 (9)
12(g) and (h), as renumbered, are amended to read:
AB100-engrossed,624,1413
39.51
(9) (g) Schools approved by the department of
education public
14instruction for the training of teachers.
AB100-engrossed,624,1615
(h) Schools accredited by accrediting agencies recognized by the
department 16board.
AB100-engrossed, s. 1211
17Section
1211. 38.51 (10) of the statutes is renumbered 39.51 (10), and 39.51
18(10) (a), (b) and (c) (intro.) and 1., as renumbered, are amended to read:
AB100-engrossed,625,219
39.51
(10) (a)
Authority. All proprietary schools shall be examined and
20approved by the
department board before operating in this state. Approval shall be
21granted to schools meeting the criteria established by the
department board for a
22period not to exceed one year. No school may advertise in this state unless approved
23by the
department board. All approved schools shall submit quarterly reports,
24including information on enrollment, number of teachers and their qualifications,
1course offerings, number of graduates, number of graduates successfully employed
2and such other information as the
department board deems necessary.
AB100-engrossed,625,93
(b)
Application. Application for initial approval of a school or a course of
4instruction, approval of a teaching location, change of ownership or control of a
5school, renewal of approval of a school or reinstatement of approval of a school or
6course of instruction which has been revoked shall be made on a form furnished by
7the
department board and shall be accompanied by a fee set by the
department board 8under par. (c), and such other information as the
department board deems necessary
9to evaluate the school in carrying out the purpose of this section.
AB100-engrossed,625,1110
(c)
Fees; rule making. (intro.) The
department board shall promulgate rules
11to establish fees. In promulgating rules to establish fees, the
department board shall:
AB100-engrossed,625,1412
1. Require that the amount of fees collected under this paragraph be sufficient
13to cover all costs that the
department board incurs in examining and approving
14proprietary schools under this subsection.
AB100-engrossed,625,1816
39.11
(5) Work with the educational agencies and institutions of the state as
17reviewer, adviser and coordinator of their joint efforts to meet the educational needs
18of the state through radio
and, television
and other appropriate technologies.
AB100-engrossed,625,2121
39.11
(21) Operate an emergency weather warning system.
AB100-engrossed,626,323
39.13
(2) The executive director may employ a deputy director, the number of
24division administrators specified in s. 230.08 (2) (e) and
12 11 professional staff
25members outside the classified service. Subject to authorization under s. 16.505, the
1executive director may employ additional professional staff members for
2development and grant projects outside the classified service or for other purposes
3within the classified service.
AB100-engrossed,626,116
39.155
(1) Subject to sub. (3), all funds appropriated to the medical college of
7Wisconsin, inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an
8amount for each Wisconsin resident enrolled at the college who is paying full tuition.
9A student's qualification as a resident of this state shall be determined by the
10department of education higher educational aids board in accordance with s. 36.27,
11so far as applicable.
AB100-engrossed,626,2213
39.155
(2) On or before January 15 and September 15 of each year, the medical
14college of Wisconsin, inc., shall submit to the
department of education higher
15educational aids board for its approval a list of the Wisconsin residents enrolled at
16the college who are paying full tuition. The state shall make semiannual payments
17to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1)
18(a), upon approval of the list. If the appropriation under s. 20.250 (1) (a) is
19insufficient to pay the amount specified to be disbursed under s. 20.250 (1) (a), the
20payments shall be disbursed on a prorated basis for each student entitled to such aid.
21No more than 8 such payments may be made to the medical college of Wisconsin, inc.,
22from the appropriation under s. 20.250 (1) (a), for any individual student.
AB100-engrossed, s. 1218
23Section
1218. Subchapter III (title) of chapter 39 [precedes 39.26] of the
24statutes is amended to read:
AB100-engrossed,627,2
1SUBCHAPTER III
2
HIGHER EDUCATIONAL AIDS
BOARD
AB100-engrossed,627,5
439.26 Definition. In this subchapter,
"department" "board" means the
5department of education higher educational aids board.
AB100-engrossed,627,127
39.28
(1) The
department board shall administer the programs under this
8subchapter and may promulgate such rules as are necessary to carry out its
9functions. The
department board may accept and use any funds which it receives
10from participating institutions, lenders or agencies. The
department board may
11enter into such contracts as are necessary to carry out its functions under this
12subchapter.
AB100-engrossed,627,1914
39.28
(2) The
department board shall establish plans to be administered by the
15department board for participation by this state under any federal acts relating to
16higher education and submit them to the U.S.
commissioner secretary of education
17for the
commissioner's secretary's approval. The
department board may utilize such
18criteria for determination of priorities, participation or purpose as are delineated in
19the federal acts.
AB100-engrossed,627,2321
39.28
(3) (a) In its biennial report under s. 15.04 (1) (d), the board also shall
22include recommendations for improvement of the state's student financial aid
23programs.
AB100-engrossed,628,224
(b) On January 1 and July 1, the board shall report to the joint committee on
25finance and the joint legislative audit committee on the board's loan collection
1activities and efforts to develop collection policies to improve program performance
2through changes in data processing and program review.
AB100-engrossed,628,54
39.28
(4) The
department board may assign, sell, convey or repurchase student
5loans made under s. 39.32 subject to prior approval by the joint committee on finance.
AB100-engrossed,628,11
739.285 (title)
Education commission Board review of proposed
8formulae. (1) By May 1,
1996
1998, and annually thereafter, the
education
9commission board shall approve, modify or disapprove any proposed formula for the
10awarding of grants for the upcoming academic year submitted under sub. (2)
or (3) 11or s. 36.11 (6) (c) or 38.04 (7m).
AB100-engrossed,628,16
12(2) By April 10,
1996 1998, and annually thereafter, the Wisconsin Association
13of Independent Colleges and Universities shall develop and submit to the
education
14commission board for its review under sub. (1) a proposed formula for the awarding
15of grants under s. 39.30 for the upcoming academic year to students enrolled at
16private institutions of higher education.
AB100-engrossed,628,2118
39.285
(3) By April 10, 1998, and annually thereafter, each tribally controlled
19college in this state is requested to develop and submit to the board for its review
20under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the
21upcoming academic year to students enrolled at that tribally controlled college.
AB100-engrossed,628,24
2339.29 Executive secretary. An executive secretary shall be appointed by the
24governor to serve at his or her pleasure.
AB100-engrossed,629,5
139.30
(2) Eligibility. (intro.) A resident student enrolled at least half-time
2and registered as a freshman, sophomore, junior or senior in an accredited,
3nonprofit, post high school, educational institution in this state
or in a tribally
4controlled college in this state shall be eligible for grants under this section for each
5semester of attendance, but:
AB100-engrossed,629,107
39.30
(2) (e) The
department board may not make a grant to a student if the
8department board receives a certification under s. 49.855 (7) that the student is
9delinquent in child support or maintenance payments or owes past support, medical
10expenses or birth expenses.
AB100-engrossed,629,1412
39.30
(2) (f) No grants may be awarded under this section unless the applicable
13formula submitted under s. 39.285 (2)
or (3) is approved or modified by the
education
14commission board under s. 39.285 (1).
AB100-engrossed,629,1816
39.30
(3) Basis of grants. (intro.) The grant to be paid to a resident student
17enrolled at least half-time and registered as a freshman, sophomore, junior or senior
18after August 1, 1979, shall be determined
under pars. (a) to (f). as follows:
AB100-engrossed,629,2420
39.30
(3) (d) Subtract the amount determined in par. (c) from the amount
21determined in par. (a) to arrive at the amount of the grant.
No grant may exceed
22$1,086 per semester or a prorated amount in the case of a quarter or trimester
23institution, or $2,172 per academic year. Grants under this section may not be less
24than $250 during any one academic year.
AB100-engrossed,630,3
139.30
(3) (e) The
department
board shall establish criteria for the treatment
2of financially independent students which are consistent with procedures in pars. (a)
3to (d).
AB100-engrossed,630,96
39.30
(3m) (b) The
department board may not make initial awards of grants
7under this section for an academic year in an amount that exceeds 122% of the
8amount appropriated under s. 20.235 (1) (b) for the fiscal year in which the grant may
9be paid.
AB100-engrossed,630,1211
39.30
(3) (g) This subsection does not apply to students enrolled in tribally
12controlled colleges.
AB100-engrossed,630,1714
39.30
(3m) Grant awards. (a) No grant awarded under this section may exceed
15$1,086 per semester or a prorated amount in the case of a quarter or trimester
16institution, or $2,172 per academic year. Grants under this section may not be less
17than $250 during any one academic year.
AB100-engrossed,630,2219
39.30
(4) Forms. The
department board shall prescribe, furnish and make
20available, at locations in the state convenient to the public, application forms for
21grants under this section. Upon request, the
department board shall advise and
22assist applicants in making out such forms.