AB210: Bill Text

AB210, s. 90 Section 90. 39.90 of the statutes is created to read:

AB210,31,23 39.90 Educational approval board. (1) Definitions. In this section, unless the context clearly requires otherwise:

AB210,31,24 (a) "Board" means the educational approval board.

AB210,32,3 (b) "Course" means an organized unit of subject matter in which instruction is offered within a given period of time or that covers a specified amount of related subject matter.

AB210,32,6 (c) "Course of instruction" means a series of classroom or correspondence courses having a unified purpose which lead to a diploma or degree or to an occupational or vocational objective.

AB210,32,8 (d) "Person" means any individual, partnership, association, corporation, or limited liability company, or any combination of these.

AB210,32,10 (e) "School" means any private trade, correspondence, business, or technical school, but does not include any of the following:

AB210,32,14 1. In-state schools that are exempt from taxation under section 501 of the Internal Revenue Code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.

AB210,32,15 2. Schools that are supported mainly by taxes.

AB210,32,17 3. Schools of a parochial or denominational character offering courses having a sectarian objective.

AB210,32,19 4. Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.

AB210,32,20 5. Courses conducted by employers exclusively for their employees.

AB210,32,22 6. Schools, courses of instruction, and training programs that are approved or licensed and supervised by other state agencies and boards.

AB210,32,24 7. Schools approved by the department of public instruction for the training of teachers.

AB210,32,25 8. Schools accredited by accrediting agencies recognized by the board.

AB210,33,4 (f) "Solicitor" means a person employed by or representing a school located either within or outside this state that, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.

AB210,33,6 (g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board under this section.

AB210,33,13 (2) Responsibilities. The board shall 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 the schools, teaching locations used by the schools, and courses of instruction offered by the schools and regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by the schools.

AB210,33,15 (3) Rule-making power. The board shall promulgate rules and establish standards necessary to administer this section.

AB210,33,21 (4) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's responsibilities. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department of veterans affairs.

AB210,34,2 (5) Approval of schools generally. 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 shall do all of the following:

AB210,34,5 (a) Investigate the adequacy of courses and courses of instruction offered by schools to residents of this state and establish minimum standards for those courses of instruction.

AB210,34,8 (b) Investigate the adequacy of schools' facilities, equipment, instructional materials, and instructional programs and establish minimum standards for those facilities, equipment, materials, and programs.

AB210,34,10 (c) Establish rules, standards, and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction.

AB210,34,12 (d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.

AB210,34,15 (e) Establish minimum standards for refund of the unused portion of tuition, fees, and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued from the course.

AB210,34,20 (f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.

AB210,34,24 (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 and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.

AB210,34,25 (h) Issue permits to solicitors when all board requirements have been met.

AB210,35,2 (i) Require schools to furnish a surety bond in an amount as provided by rule of the board.

AB210,35,9 (6) Soliciting of students. (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 for a course or course of instruction 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. If the solicitor represents more than one school, a separate permit shall be obtained for each school the solicitor represents.

AB210,36,7 (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The board shall, by rule, specify the amount of the fee for a solicitor's permit. The 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 perform faithfully the agreement the solicitor made with the student, 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. (5) (i). Upon approval of a permit, the 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 by the bond 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 bond upon giving 30 days' notice in writing to the board and shall be relieved of liability under this paragraph upon giving the notice 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 in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB210,36,10 (c) Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB210,36,12 1. Willful violation of this subsection or any rule promulgated by the board under this section.

AB210,36,13 2. Furnishing false, misleading, or incomplete information to the board.

AB210,36,15 3. Presenting information to prospective students relating to the school, a course, or a course of instruction that is false, fraudulent, or misleading.

AB210,36,17 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board.

AB210,36,20 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 under sub. (5).

AB210,36,21 6. Cancellation of the solicitor's bond by surety.

AB210,36,23 7. Subject to ss. 111.321, 111.322, and 111.335, the applicant has an arrest or conviction record.

AB210,37,3 (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. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB210,37,10 (e) Request for appearance. Within 20 days of the receipt of notice of the 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 board in person, with or without counsel, to present reasons why the permit should be issued, renewed, or reinstated. Upon receipt of a request, the 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.

AB210,37,14 (f) Recovery by students. The bond in force under par. (b) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

AB210,37,18 (g) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.

AB210,37,20 (h) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection.

AB210,37,22 (i) Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.

AB210,38,7 (7) Proprietary school approval. (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the 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 board considers necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) (gm).

AB210,38,14 (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 that has been revoked shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) and any other information as the board considers necessary to evaluate the school in carrying out the purpose of this section.

AB210,38,17 (c) Fees; rule making. The board shall promulgate rules to establish the fees paid to the board. In promulgating rules to establish the fees, the board shall do all of the following:

AB210,38,20 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection.

AB210,38,22 2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.

AB210,38,23 3. Specify a fee to accompany all applications under par. (b).

AB210,38,24 4. Specify a student protection fee.

AB210,39,3 (cm) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB210,39,6 (d) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a).

AB210,39,9 (e) Penalties. Any person who violates par. (a) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) constitutes a separate offense.

AB210,39,13 (f) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) may bring a civil action to recover fees paid to the school in violation of par. (a) together with costs and disbursements, including reasonable attorney fees.

AB210, s. 91 Section 91. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB210,39,19 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 45.50 21.79 after completion of his or her service in the U.S. armed forces.

AB210, s. 92 Section 92. Chapter 45 of the statutes is repealed and recreated to read:

AB210,39,21 CHAPTER 45

AB210,39,22 veterans

AB210,39,23 sUbchapter I

AB210,39,24 General provisions

AB210,40,5 45.001 Recognition of persons who served in the armed forces. The state of Wisconsin recognizes, as veterans, the men and women of Wisconsin who served on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, the men and women who served in a reserve unit of the U.S. armed forces, and the men and women who served in the national guard.

AB210,40,6 45.01 Definitions. In this chapter, unless the context otherwise requires:

AB210,40,7 (1) "Active duty" does not include active duty for training purposes.

AB210,40,9 (2) "Active duty for training purposes" has the meaning given in 38 USC 101 (22).

AB210,40,10 (3) "Board" means the board of veterans affairs.

AB210,40,13 (4) "Child" means any biological child, any adopted child, any stepchild, or any other child who is a member of the veteran's household, or any nonmarital child if the veteran acknowledges paternity or paternity has been otherwise established.

AB210,40,14 (5) "Department" means the department of veterans affairs.

AB210,40,15 (6) "Dependent" includes any of the following:

AB210,40,18 (a) A spouse, a surviving spouse, or a divorced spouse, but only if the divorced spouse is not remarried and is receiving child support or maintenance from the veteran under a court order.

AB210,40,21 (b) Any child under 18 years of age, or under the age of 26 if in full attendance at a recognized school of instruction, or of any age if incapable of self-support by reason of mental or physical disability.

AB210,40,24 (c) The biological or adoptive parent or a person who acts in the place of a parent and who has so acted for not less than 12 months prior to the veteran's entrance into active service.

AB210,41,2 (d) A minor sibling or a sibling of any age if incapable of self-support by reason of mental or physical disability.

AB210,41,6 (7) "In-kind contributions" includes donations of appliances, buildings, creations, equipment, fixtures, furniture, materials, real property, structures, supplies, and utilities, and work performed in the acquisition of land and construction of property.

AB210,41,10 (8) "Memorial" means a building, structure, statue, or creation used to keep alive the remembrance of a veteran, veterans group, or an event related to a veteran and may include land upon which the building, structure, statue, or creation is located. "Memorial" does not include a museum.

AB210,41,14 (9) "Permanently and totally disabled veteran" means a person who is receiving 100 percent disability compensation from the U.S. department of veterans affairs under 38 USC 301 to 315, 331 to 337, and 350 to 362, due to a permanent and total service-connected disability.

AB210,41,15 (10) "Secretary" means the secretary of the department.

AB210,41,16 (11) "Service in a crisis zone" means any of the following:

AB210,41,21 (a) Service in Lebanon and Grenada. A person shall be considered to have served in Lebanon or Grenada if the person was on active duty in Lebanon or its territorial waters under honorable conditions between August 1, 1982, and August 1, 1984, or in Grenada between October 23, 1983, and November 21, 1983, and meets one of the following conditions:

AB210,41,23 1. Was entitled to receive the armed forces expeditionary medal established by executive order 10977 on December 4, 1961.

AB210,41,24 2. Was entitled to receive the marine corps or navy expeditionary medal.

AB210,42,2 3. Was not entitled to receive a medal under par. (a) or (b) but submits other proof of service acceptable to the department.

AB210,42,5 (b) Middle East crisis. A person shall be considered to have served in a Middle East crisis if, because of active duty in the U.S. armed forces or forces incorporated as a part of U.S. armed forces, any of the following apply:

AB210,42,7 1. The person was awarded the humanitarian service medal for participating in the attempt to rescue American hostages in Iran.

AB210,42,9 2. The person was awarded the valor ribbon bar by the U.S. state department for having been a hostage in Iran during the Iranian hostage crisis in 1980 and 1981.

AB210,42,10 3. The person participated in the April 14, 1986, military action against Libya.