AB100: Bill Text Engrossed

AB100-engrossed,621,18 (g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the department board and complying with rules promulgated by the department board and publish a list of the schools and courses of instruction approved.

AB100-engrossed,621,20 (h) Issue permits to solicitors when all department board requirements have been met.

AB100-engrossed,621,22 (i) Require schools to furnish a surety bond in an amount as provided by rule of the department board.

AB100-engrossed, s. 1205 Section 1205. 38.51 (8) (title) of the statutes is renumbered 39.51 (8) (title).

AB100-engrossed, s. 1206 Section 1206. 38.51 (8) (a) of the statutes is renumbered 39.51 (8) (a) and amended to read:

AB100-engrossed,622,6 39.51 (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 department board. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.

AB100-engrossed, s. 1207 Section 1207. 38.51 (8) (b) of the statutes is renumbered 39.51 (8) (b) and amended to read:

AB100-engrossed,623,7 39.51 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the department board and shall be accompanied by a fee and a surety bond acceptable to the department board in the sum of $2,000. The department 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 department 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 department 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 department board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the department board requests of the applicant. The department board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB100-engrossed, s. 1208 Section 1208. 38.51 (8) (c) of the statutes is renumbered 39.51 (8) (c), and 39.51 (8) (c) (intro.), 1., 2., 4. and 5., as renumbered, are amended to read:

AB100-engrossed,623,12 39.51 (8) (c) Refusal or revocation of permit. (intro.) The department board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB100-engrossed,623,14 1. Wilful violation of this subsection or any rule promulgated by the department board under this section;

AB100-engrossed,623,16 2. Furnishing false, misleading or incomplete information to the department board;

AB100-engrossed,623,18 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the department board;

AB100-engrossed,623,21 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the department board pursuant to sub. (7);

AB100-engrossed, s. 1209 Section 1209. 38.51 (8) (d) to (i) of the statutes are renumbered 39.51 (8) (d) to (i), and 39.51 (8) (d) and (e), as renumbered, are amended to read:

AB100-engrossed,624,3 39.51 (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 department board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB100-engrossed,624,10 (e) Request for appearance. Within 20 days of the receipt of notice of the department's 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 department board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the department 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.

AB100-engrossed, s. 1210 Section 1210. 38.51 (9) of the statutes is renumbered 39.51 (9), and 39.51 (9) (g) and (h), as renumbered, are amended to read:

AB100-engrossed,624,14 39.51 (9) (g) Schools approved by the department of education public instruction for the training of teachers.

AB100-engrossed,624,16 (h) Schools accredited by accrediting agencies recognized by the department board.

AB100-engrossed, s. 1211 Section 1211. 38.51 (10) of the statutes is renumbered 39.51 (10), and 39.51 (10) (a), (b) and (c) (intro.) and 1., as renumbered, are amended to read:

AB100-engrossed,625,2 39.51 (10) (a) Authority. All proprietary schools shall be examined and approved by the department board before operating in this state. Approval shall be granted to schools meeting the criteria established by the department board for a period not to exceed one year. No school may advertise in this state unless approved by the department 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 department board deems necessary.

AB100-engrossed,625,9 (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 department board and shall be accompanied by a fee set by the department board under par. (c), and such other information as the department board deems necessary to evaluate the school in carrying out the purpose of this section.

AB100-engrossed,625,11 (c) Fees; rule making. (intro.) The department board shall promulgate rules to establish fees. In promulgating rules to establish fees, the department board shall:

AB100-engrossed,625,14 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the department board incurs in examining and approving proprietary schools under this subsection.

AB100-engrossed, s. 1212 Section 1212. 39.11 (5) of the statutes is amended to read:

AB100-engrossed,625,18 39.11 (5) Work with the educational agencies and institutions of the state as reviewer, adviser and coordinator of their joint efforts to meet the educational needs of the state through radio and, television and other appropriate technologies.

AB100-engrossed, s. 1213 Section 1213. 39.11 (20) of the statutes is repealed.

AB100-engrossed, s. 1213d Section 1213d. 39.11 (21) of the statutes is created to read:

AB100-engrossed,625,21 39.11 (21) Operate an emergency weather warning system.

AB100-engrossed, s. 1214 Section 1214. 39.13 (2) of the statutes is amended to read:

AB100-engrossed,626,3 39.13 (2) The executive director may employ a deputy director, the number of division administrators specified in s. 230.08 (2) (e) and 12 11 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members for development and grant projects outside the classified service or for other purposes within the classified service.

AB100-engrossed, s. 1215 Section 1215. 39.145 of the statutes is repealed.

AB100-engrossed, s. 1216 Section 1216. 39.155 (1) of the statutes is amended to read:

AB100-engrossed,626,11 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 higher educational aids board in accordance with s. 36.27, so far as applicable.

AB100-engrossed, s. 1217 Section 1217. 39.155 (2) of the statutes is amended to read:

AB100-engrossed,626,22 39.155 (2) On or before January 15 and September 15 of each year, the medical college of Wisconsin, inc., shall submit to the department of education higher educational aids board 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.

AB100-engrossed, s. 1218 Section 1218. Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:

AB100-engrossed,626,25 CHAPTER 39

AB100-engrossed,627,2 SUBCHAPTER III HIGHER EDUCATIONAL AIDS BOARD

AB100-engrossed, s. 1219 Section 1219. 39.26 of the statutes is amended to read:

AB100-engrossed,627,5 39.26 Definition. In this subchapter, "department" "board" means the department of education higher educational aids board.

AB100-engrossed, s. 1220 Section 1220. 39.28 (1) of the statutes is amended to read:

AB100-engrossed,627,12 39.28 (1) The department board shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. The department board may accept and use any funds which it receives from participating institutions, lenders or agencies. The department board may enter into such contracts as are necessary to carry out its functions under this subchapter.

AB100-engrossed, s. 1221 Section 1221. 39.28 (2) of the statutes is amended to read:

AB100-engrossed,627,19 39.28 (2) The department board shall establish plans to be administered by the department board for participation by this state under any federal acts relating to higher education and submit them to the U.S. commissioner secretary of education for the commissioner's secretary's approval. The department board may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.

AB100-engrossed, s. 1222 Section 1222. 39.28 (3) of the statutes is created to read:

AB100-engrossed,627,23 39.28 (3) (a) In its biennial report under s. 15.04 (1) (d), the board also shall include recommendations for improvement of the state's student financial aid programs.

AB100-engrossed,628,2 (b) On January 1 and July 1, the board shall report to the joint committee on finance and the joint legislative audit committee on the board's loan collection activities and efforts to develop collection policies to improve program performance through changes in data processing and program review.

AB100-engrossed, s. 1223 Section 1223. 39.28 (4) of the statutes is amended to read:

AB100-engrossed,628,5 39.28 (4) The department board may assign, sell, convey or repurchase student loans made under s. 39.32 subject to prior approval by the joint committee on finance.

AB100-engrossed, s. 1224 Section 1224. 39.285 of the statutes is amended to read:

AB100-engrossed,628,11 39.285 (title) Education commission Board review of proposed formulae. (1) By May 1, 1996 1998, and annually thereafter, the education commission board shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or (3) or s. 36.11 (6) (c) or 38.04 (7m).

AB100-engrossed,628,16 (2) By April 10, 1996 1998, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission board 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.

AB100-engrossed, s. 1224e Section 1224e. 39.285 (3) of the statutes is created to read:

AB100-engrossed,628,21 39.285 (3) By April 10, 1998, and annually thereafter, each tribally controlled college in this state is requested to develop and submit to the board 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 that tribally controlled college.

AB100-engrossed, s. 1225 Section 1225. 39.29 of the statutes is created to read:

AB100-engrossed,628,24 39.29 Executive secretary. An executive secretary shall be appointed by the governor to serve at his or her pleasure.

AB100-engrossed, s. 1225m Section 1225m. 39.30 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,629,5 39.30 (2) Eligibility. (intro.) A resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior in an accredited, nonprofit, post high school, educational institution in this state or in a tribally controlled college in this state shall be eligible for grants under this section for each semester of attendance, but:

AB100-engrossed, s. 1226 Section 1226. 39.30 (2) (e) of the statutes is amended to read:

AB100-engrossed,629,10 39.30 (2) (e) The department board may not make a grant to a student if the department board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB100-engrossed, s. 1227 Section 1227. 39.30 (2) (f) of the statutes is amended to read:

AB100-engrossed,629,14 39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) or (3) is approved or modified by the education commission board under s. 39.285 (1).

AB100-engrossed, s. 1227g Section 1227g. 39.30 (3) (intro.) of the statutes is amended to read:

AB100-engrossed,629,18 39.30 (3) Basis of grants. (intro.) The grant to be paid to a resident student enrolled at least half-time and registered as a freshman, sophomore, junior or senior after August 1, 1979, shall be determined under pars. (a) to (f). as follows:

AB100-engrossed, s. 1227m Section 1227m. 39.30 (3) (d) of the statutes is amended to read:

AB100-engrossed,629,24 39.30 (3) (d) Subtract the amount determined in par. (c) from the amount determined in par. (a) to arrive at the amount of the grant. No grant may exceed $1,086 per semester or a prorated amount in the case of a quarter or trimester institution, or $2,172 per academic year. Grants under this section may not be less than $250 during any one academic year.

AB100-engrossed, s. 1228 Section 1228. 39.30 (3) (e) of the statutes is amended to read:

AB100-engrossed,630,3 39.30 (3) (e) The department board shall establish criteria for the treatment of financially independent students which are consistent with procedures in pars. (a) to (d).

AB100-engrossed, s. 1229c Section 1229c. 39.30 (3) (f) of the statutes is renumbered 39.30 (3m) (b) and amended to read:

AB100-engrossed,630,9 39.30 (3m) (b) The department board 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.

AB100-engrossed, s. 1229g Section 1229g. 39.30 (3) (g) of the statutes is created to read:

AB100-engrossed,630,12 39.30 (3) (g) This subsection does not apply to students enrolled in tribally controlled colleges.

AB100-engrossed, s. 1229j Section 1229j. 39.30 (3m) of the statutes is created to read:

AB100-engrossed,630,17 39.30 (3m) Grant awards. (a) No grant awarded under this section may exceed $1,086 per semester or a prorated amount in the case of a quarter or trimester institution, or $2,172 per academic year. Grants under this section may not be less than $250 during any one academic year.

AB100-engrossed, s. 1230 Section 1230. 39.30 (4) of the statutes is amended to read:

AB100-engrossed,630,22 39.30 (4) Forms. The department board shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, the department board shall advise and assist applicants in making out such forms.

AB100-engrossed, s. 1231 Section 1231. 39.31 (intro.) of the statutes is amended to read:

AB100-engrossed,631,2 39.31 Determination 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 department board shall include the following:

AB100-engrossed, s. 1232 Section 1232. 39.31 (2) of the statutes is amended to read:

AB100-engrossed,631,4 39.31 (2) Miscellaneous expenses, as determined by the department board.

AB100-engrossed, s. 1233 Section 1233. 39.31 (3) of the statutes is amended to read:

AB100-engrossed,631,6 39.31 (3) The cost of child care, as determined by the department board.

AB100-engrossed, s. 1234 Section 1234. 39.32 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,631,8 39.32 (2) (intro.) The department board shall:

AB100-engrossed, s. 1235 Section 1235. 39.32 (3) (intro.) of the statutes is amended to read:

AB100-engrossed,631,11 39.32 (3) (intro.) The department board may make and authorize loans to be made to students if:

AB100-engrossed, s. 1236 Section 1236. 39.32 (3) (b) of the statutes is amended to read: