AB210, s. 88
12Section
88. 38.24 (6) of the statutes is amended to read:
AB210,31,1513
38.24
(6) Fee remissions for funeral assistants. The district board shall grant
14a $25 remission of fees under subs. (1m) and (3) to a student for each valid voucher
15issued to the student under s.
45.19 (3) 45.60 (3).
AB210, s. 89
16Section
89. Subchapter V (title) of chapter 39 [precedes 39.90] of the statutes
17is created to read:
AB210,31,1919
Subchapter v
AB210,31,2020
educational approval board
AB210, s. 90
21Section
90. 39.90 of the statutes is created to read:
AB210,31,23
2239.90 Educational approval board. (1) Definitions. In this section, unless
23the context clearly requires otherwise:
AB210,31,2424
(a) "Board" means the educational approval board.
AB210,32,3
1(b) "Course" means an organized unit of subject matter in which instruction is
2offered within a given period of time or that covers a specified amount of related
3subject matter.
AB210,32,64
(c) "Course of instruction" means a series of classroom or correspondence
5courses having a unified purpose which lead to a diploma or degree or to an
6occupational or vocational objective.
AB210,32,87
(d) "Person" means any individual, partnership, association, corporation, or
8limited liability company, or any combination of these.
AB210,32,109
(e) "School" means any private trade, correspondence, business, or technical
10school, but does not include any of the following:
AB210,32,14111. In-state schools that are exempt from taxation under section
501 of the
12Internal Revenue Code and that either were incorporated in this state prior to
13January 1, 1992, or had their administrative headquarters and principal places of
14business in this state prior to 1970.
AB210,32,1515
2. Schools that are supported mainly by taxes.
AB210,32,1716
3. Schools of a parochial or denominational character offering courses having
17a sectarian objective.
AB210,32,1918
4. Schools primarily offering instruction avocational or recreational in nature
19and not leading to a vocational objective.
AB210,32,2020
5. Courses conducted by employers exclusively for their employees.
AB210,32,2221
6. Schools, courses of instruction, and training programs that are approved or
22licensed and supervised by other state agencies and boards.
AB210,32,2423
7. Schools approved by the department of public instruction for the training of
24teachers.
AB210,32,2525
8. Schools accredited by accrediting agencies recognized by the board.
AB210,33,4
1(f) "Solicitor" means a person employed by or representing a school located
2either within or outside this state that, in places other than the actual business
3premises of the school, personally attempts to secure the enrollment of a student in
4the school.
AB210,33,65
(g) "Teaching location" means the area and facilities designated for use by a
6school required to be approved by the board under this section.
AB210,33,13
7(2) Responsibilities. The board shall protect the general public by inspecting
8and approving private trade, correspondence, business, and technical schools doing
9business within this state, whether located within or outside this state, changes of
10ownership or control of the schools, teaching locations used by the schools, and
11courses of instruction offered by the schools and regulate the soliciting of students
12for correspondence or classroom courses and courses of instruction offered by the
13schools.
AB210,33,15
14(3) Rule-making power. The board shall promulgate rules and establish
15standards necessary to administer this section.
AB210,33,21
16(4) Employees, quarters. The board shall employ a person to perform the
17duties of an executive secretary and any other persons under the classified service
18that may be necessary to carry out the board's responsibilities. The person
19performing the duties of the executive secretary shall be in charge of the
20administrative functions of the board. The board shall, to the maximum extent
21practicable, keep its office with the department of veterans affairs.
AB210,34,2
22(5) Approval of schools generally. To protect students, prevent fraud and
23misrepresentation in the sale and advertising of courses and courses of instruction,
24and encourage schools to maintain courses and courses of instruction consistent in
1quality, content, and length with generally accepted educational standards, the
2board shall do all of the following:
AB210,34,53
(a) Investigate the adequacy of courses and courses of instruction offered by
4schools to residents of this state and establish minimum standards for those courses
5of instruction.
AB210,34,86
(b) Investigate the adequacy of schools' facilities, equipment, instructional
7materials, and instructional programs and establish minimum standards for those
8facilities, equipment, materials, and programs.
AB210,34,109
(c) Establish rules, standards, and criteria to prevent fraud and
10misrepresentation in the sale and advertising of courses and courses of instruction.
AB210,34,1211
(d) Promulgate rules restricting the negotiability of promissory instruments
12received by schools in payment of tuition and other charges.
AB210,34,1513
(e) Establish minimum standards for refund of the unused portion of tuition,
14fees, and other charges if a student does not enter a course or course of instruction
15or withdraws or is discontinued from the course.
AB210,34,2016
(f) Require schools offering courses and courses of instruction to residents of
17this state to furnish information concerning their facilities, curricula, instructors,
18enrollment policies, tuition and other charges and fees, refund policies, and policies
19concerning negotiability of promissory instruments received in payment of tuition
20and other charges.
AB210,34,2421
(g) Approve courses of instruction, schools, changes of ownership or control of
22schools, and teaching locations meeting the requirements and standards established
23by the board and complying with rules promulgated by the board and publish a list
24of the schools and courses of instruction approved.
AB210,34,2525
(h) Issue permits to solicitors when all board requirements have been met.
AB210,35,2
1(i) Require schools to furnish a surety bond in an amount as provided by rule
2of the board.
AB210,35,9
3(6) Soliciting of students. (a)
In general. No solicitor representing any school
4offering any course or course of instruction shall sell any course or course of
5instruction or solicit students for a course or course of instruction in this state for a
6consideration or remuneration, except upon the actual business premises of the
7school, unless the solicitor first secures a solicitor's permit from the board. If the
8solicitor represents more than one school, a separate permit shall be obtained for
9each school the solicitor represents.
AB210,36,710
(b)
Solicitor's permit. The application for a solicitor's permit shall be made on
11a form furnished by the board and shall be accompanied by a fee and a surety bond
12acceptable to the board in the sum of $2,000. The board shall, by rule, specify the
13amount of the fee for a solicitor's permit. The bond may be continuous and shall be
14conditioned to provide indemnification to any student suffering loss as the result of
15any fraud or misrepresentation used in procuring his or her enrollment or as a result
16of the failure of the school to perform faithfully the agreement the solicitor made with
17the student, and may be supplied by the solicitor or by the school itself either as a
18blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond
19under sub. (5) (i). Upon approval of a permit, the board shall issue an identification
20card to the solicitor giving his or her name and address, the name and address of the
21employing school, and certifying that the person whose name appears on the card is
22authorized to solicit students for the school. A permit shall be valid for one year from
23the date issued. Liability under this paragraph of the surety on the bond for each
24solicitor covered by the bond shall not exceed the sum of $2,000 as an aggregate for
25any and all students for all breaches of the conditions of the bond. The surety of a
1bond may cancel the bond upon giving 30 days' notice in writing to the board and
2shall be relieved of liability under this paragraph upon giving the notice for any
3breach of condition occurring after the effective date of the cancellation. An
4application for renewal shall be accompanied by a fee, a surety bond acceptable to
5the board in the sum of $2,000 if a continuous bond has not been furnished, and such
6information as the board requests of the applicant. The board shall, by rule, specify
7the amount of the fee for renewal of a solicitor's permit.
AB210,36,108
(c)
Refusal or revocation of permit. The board may refuse to issue or renew, or
9may revoke, any solicitor's permit upon one or any combination of the following
10grounds:
AB210,36,1211
1. Willful violation of this subsection or any rule promulgated by the board
12under this section.
AB210,36,1313
2. Furnishing false, misleading, or incomplete information to the board.
AB210,36,1514
3. Presenting information to prospective students relating to the school, a
15course, or a course of instruction that is false, fraudulent, or misleading.
AB210,36,1716
4. Refusal by the school to be represented to allow reasonable inspection or to
17supply information after written request therefor by the board.
AB210,36,2018
5. Failure of the school which the solicitor represents to meet requirements and
19standards established by and to comply with rules promulgated by the board under
20sub. (5).
AB210,36,2121
6. Cancellation of the solicitor's bond by surety.
AB210,36,2322
7. Subject to ss. 111.321, 111.322, and 111.335, the applicant has an arrest or
23conviction record.
AB210,37,324
(d)
Notice of refusal to issue or renew permit. Notice of refusal to issue or renew
25a permit or of the revocation of a permit shall be sent by registered mail to the last
1address of the applicant or permit holder shown in the records of the board.
2Revocation of a permit shall be effective 10 days after the notice of revocation has
3been mailed to the permit holder.
AB210,37,104
(e)
Request for appearance. Within 20 days of the receipt of notice of the board's
5refusal to issue or renew a permit or of the revocation of a permit, the applicant or
6holder of the permit may request permission to appear before the board in person,
7with or without counsel, to present reasons why the permit should be issued,
8renewed, or reinstated. Upon receipt of a request, the board shall grant a hearing
9to the applicant or holder of the permit within 30 days giving that person at least 10
10days' notice of the date, time, and place.
AB210,37,1411
(f)
Recovery by students. The bond in force under par. (b) shall not limit or
12impair any right of recovery otherwise available under law, nor shall the amount of
13the bond be relevant in determining the amount of damages or other relief to which
14any plaintiff may be entitled.
AB210,37,1815
(g)
Recovery on contracts. No recovery shall be had by any school or its assignee
16on any contract for or in connection with a course or course of instruction if the
17representative who sold or solicited the course was not the holder of a solicitor's
18permit under this subsection at the time of the sale or solicitation.
AB210,37,2019
(h)
Enforcement. The attorney general or any district attorney may bring an
20action in circuit court for the enforcement of this subsection.
AB210,37,2221
(i)
Penalty. Whoever violates this subsection may be fined not more than $500
22or imprisoned not more than 3 months or both.
AB210,38,7
23(7) Proprietary school approval. (a)
Authority. All proprietary schools shall
24be examined and approved by the board before operating in this state. Approval shall
25be granted to schools meeting the criteria established by the board for a period not
1to exceed one year. No school may advertise in this state unless approved by the
2board. All approved schools shall submit quarterly reports, including information
3on enrollment, number of teachers and their qualifications, course offerings, number
4of graduates, number of graduates successfully employed, and such other
5information as the board considers necessary. If a school closure results in losses to
6students, parents, or sponsors, the board may authorize the full or partial payment
7of those losses from the appropriation under s. 20.485 (5) (gm).
AB210,38,148
(b)
Application. Application for initial approval of a school or a course of
9instruction, approval of a teaching location, change of ownership, or control of a
10school, renewal of approval of a school or reinstatement of approval of a school or
11course of instruction that has been revoked shall be made on a form furnished by the
12board and shall be accompanied by a fee set by the board under par. (c) and any other
13information as the board considers necessary to evaluate the school in carrying out
14the purpose of this section.
AB210,38,1715
(c)
Fees; rule making. The board shall promulgate rules to establish the fees
16paid to the board. In promulgating rules to establish the fees, the board shall do all
17of the following:
AB210,38,2018
1. Require that the amount of fees collected under this paragraph be sufficient
19to cover all costs that the board incurs in examining and approving proprietary
20schools under this subsection.
AB210,38,2221
2. Give consideration to establishing a variable fee structure based on the size
22of a proprietary school.
AB210,38,2323
3. Specify a fee to accompany all applications under par. (b).
AB210,38,2424
4. Specify a student protection fee.
AB210,39,3
1(cm)
Limit on student protection fee. The board shall discontinue collecting
2annual student protection fees under par. (c) 4. during the period that the balance
3in the fund created by those fees exceeds $1,000,000.
AB210,39,64
(d)
Enforcement. The attorney general or any district attorney may bring an
5action in circuit court for the enforcement of this subsection, including bringing an
6action to restrain by temporary or permanent injunction any violation of par. (a).
AB210,39,97
(e)
Penalties. Any person who violates par. (a) may be required to forfeit not
8more than $500. Each day of operation in violation of par. (a) constitutes a separate
9offense.
AB210,39,1310
(f)
Other remedies. In addition to any other remedies provided by law, a student
11who attends a school that is in violation of par. (a) may bring a civil action to recover
12fees paid to the school in violation of par. (a) together with costs and disbursements,
13including reasonable attorney fees.
AB210, s. 91
14Section
91. 40.05 (4g) (a) 4. of the statutes is amended to read:
AB210,39,1915
40.05
(4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
16or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or
17under rules promulgated by the director of the office of state employment relations
18or is eligible for reemployment with the state under s.
45.50 21.79 after completion
19of his or her service in the U.S. armed forces.
AB210, s. 92
20Section
92. Chapter 45 of the statutes is repealed and recreated to read:
AB210,39,2323
sUbchapter I
AB210,39,2424
General provisions
AB210,40,5
145.001 Recognition of persons who served in the armed forces. The
2state of Wisconsin recognizes, as veterans, the men and women of Wisconsin who
3served on active duty in the U.S. armed forces or in forces incorporated in the U.S.
4armed forces, the men and women who served in a reserve unit of the U.S. armed
5forces, and the men and women who served in the national guard.
AB210,40,6
645.01 Definitions. In this chapter, unless the context otherwise requires:
AB210,40,7
7(1) "Active duty" does not include active duty for training purposes.
AB210,40,9
8(2) "Active duty for training purposes" has the meaning given in
38 USC 101 9(22).
AB210,40,10
10(3) "Board" means the board of veterans affairs.
AB210,40,13
11(4) "Child" means any biological child, any adopted child, any stepchild, or any
12other child who is a member of the veteran's household, or any nonmarital child if
13the veteran acknowledges paternity or paternity has been otherwise established.
AB210,40,14
14(5) "Department" means the department of veterans affairs.
AB210,40,15
15(6) "Dependent" includes any of the following:
AB210,40,1816
(a) A spouse, a surviving spouse, or a divorced spouse, but only if the divorced
17spouse is not remarried and is receiving child support or maintenance from the
18veteran under a court order.
AB210,40,2119
(b) Any child under 18 years of age, or under the age of 26 if in full attendance
20at a recognized school of instruction, or of any age if incapable of self-support by
21reason of mental or physical disability.
AB210,40,2422
(c) The biological or adoptive parent or a person who acts in the place of a parent
23and who has so acted for not less than 12 months prior to the veteran's entrance into
24active service.
AB210,41,2
1(d) A minor sibling or a sibling of any age if incapable of self-support by reason
2of mental or physical disability.
AB210,41,6
3(7) "In-kind contributions" includes donations of appliances, buildings,
4creations, equipment, fixtures, furniture, materials, real property, structures,
5supplies, and utilities, and work performed in the acquisition of land and
6construction of property.
AB210,41,10
7(8) "Memorial" means a building, structure, statue, or creation used to keep
8alive the remembrance of a veteran, veterans group, or an event related to a veteran
9and may include land upon which the building, structure, statue, or creation is
10located. "Memorial" does not include a museum.
AB210,41,14
11(9) "Permanently and totally disabled veteran" means a person who is
12receiving 100 percent disability compensation from the U.S. department of veterans
13affairs under
38 USC 301 to
315,
331 to
337, and
350 to
362, due to a permanent and
14total service-connected disability.
AB210,41,15
15(10) "Secretary" means the secretary of the department.
AB210,41,16
16(11) "Service in a crisis zone" means any of the following:
AB210,41,2117
(a)
Service in Lebanon and Grenada. A person shall be considered to have
18served in Lebanon or Grenada if the person was on active duty in Lebanon or its
19territorial waters under honorable conditions between August 1, 1982, and August
201, 1984, or in Grenada between October 23, 1983, and November 21, 1983, and meets
21one of the following conditions:
AB210,41,2322
1. Was entitled to receive the armed forces expeditionary medal established by
23executive order 10977 on December 4, 1961.