Amendment ASA1-AB281

AB281-ASA1,9,5 37.50 Consumer protection. (1) Student protection fund. 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. 20.292 (2) (gm). The board may pursue any legal action it considers necessary to recover any losses paid from that appropriation. Any losses recovered under this subsection shall be deposited into the general fund and credited to the appropriation account under s. 20.292 (2) (gm).

AB281-ASA1, s. 17 Section 17. 37.60 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

AB281-ASA1, s. 18 Section 18. 38.50 (title) of the statutes is renumbered chapter 37 (title).

AB281-ASA1, s. 19 Section 19. 38.50 (1) (intro.) of the statutes is renumbered 37.01 (intro.) and amended to read:

AB281-ASA1,9,12 37.01 Definitions. (intro.) In this section chapter, unless the context clearly requires otherwise:

AB281-ASA1, s. 20 Section 20. 38.50 (1) (a) of the statutes is renumbered 37.01 (1) and amended to read:

AB281-ASA1,9,16 37.01 (1) Notwithstanding s. 38.01 (2), "board" "Board" means the educational approval board.

AB281-ASA1, s. 21 Section 21. 38.50 (1) (b) of the statutes is repealed.

AB281-ASA1, s. 22 Section 22. 38.50 (1) (c) of the statutes is renumbered 37.01 (4) and amended to read:

AB281-ASA1,9,24 37.01 (4) "Course of instruction" "Program" means a series of classroom or correspondence courses having a unified purpose which lead course of study that provides practical or academic instruction, education, or training leading to a diploma or, certificate, degree or to an occupational or vocational objective, or other indicia that a student has acquired knowledge or skills, but does not include education or training offered by an employer solely to its employees or a program that another state agency or board is authorized to approve or accept.

AB281-ASA1, s. 23 Section 23. 38.50 (1) (d) of the statutes is renumbered 37.01 (3).

AB281-ASA1, s. 24 Section 24. 38.50 (1) (e) (intro.) of the statutes is renumbered 37.01 (6) (intro.) and amended to read:

AB281-ASA1,10,9 37.01 (6) (intro.) "School" means any person, whether located within or outside this state, that offers, maintains, provides, or conducts a program for a fee, including any private trade, correspondence, business, or technical, career, distance learning, or degree-granting school, but does not include not including any of the following:

AB281-ASA1, s. 25 Section 25. 38.50 (1) (e) 1. of the statutes is renumbered 37.01 (6) (a) (intro.) and amended to read:

AB281-ASA1,10,14 37.01 (6) (a) (intro.) In-state schools that are An in-state school that is exempt from taxation under section 501 of the Internal Revenue Code and that either were meets any of the following requirements:

AB281-ASA1,10,16 1. Was incorporated in this state prior to January 1, 1992, or had their and has continuously been in good standing under ch. 181 since the date of incorporation.

AB281-ASA1,10,18 2. Had its administrative headquarters and principal places of business in this state prior to 1970.

AB281-ASA1, s. 26 Section 26. 38.50 (1) (e) 2. of the statutes is renumbered 37.01 (6) (b) and amended to read:

AB281-ASA1,10,22 37.01 (6) (b) Schools A school that are supported mainly by taxes is governed by a public board.

AB281-ASA1, s. 27 Section 27. 38.50 (1) (e) 3. of the statutes is renumbered 37.01 (6) (c) and amended to read:

AB281-ASA1,11,3 37.01 (6) (c) Schools A school offering only programs that are of a parochial or denominational character offering courses having, that have a sectarian objective, and that are limited to use in the ministry of a religion, as determined by the board.

AB281-ASA1, s. 28 Section 28. 38.50 (1) (e) 4. of the statutes is renumbered 37.01 (6) (d) and amended to read:

AB281-ASA1,11,8 37.01 (6) (d) Schools primarily offering instruction A school offering a program that is avocational or recreational in nature and not leading to that does not have a vocational objective.

AB281-ASA1, s. 29 Section 29. 38.50 (1) (e) 5. of the statutes is renumbered 37.01 (6) (e) and amended to read:

AB281-ASA1,11,13 37.01 (6) (e) Courses conducted by A school that only offers programs to employers exclusively for the exclusive use of their employees and without charge to those employees.

AB281-ASA1, s. 30 Section 30. 38.50 (1) (e) 6. of the statutes is repealed.

AB281-ASA1, s. 31 Section 31. 38.50 (1) (e) 7. of the statutes is renumbered 37.01 (6) (f).

AB281-ASA1, s. 32 Section 32. 38.50 (1) (e) 8. of the statutes is repealed.

AB281-ASA1, s. 33 Section 33. 38.50 (1) (f) of the statutes is renumbered 37.01 (5) and amended to read:

AB281-ASA1,11,22 37.01 (5) "Solicitor" "Representative" means a person employed by or representing a school located either within or outside this state that who, in places other than the actual business premises of the school, personally attempts to secure the enrollment of a student in the school.

AB281-ASA1, s. 34 Section 34. 38.50 (1) (g) of the statutes is renumbered 37.01 (7) and amended to read:

AB281-ASA1,12,2 37.01 (7) "Teaching location" means the area and facilities designated for use by a school that are required to be approved by the board under this section chapter.

AB281-ASA1, s. 35 Section 35. 38.50 (2) of the statutes is renumbered 37.10 (intro.) and amended to read:

AB281-ASA1,12,8 37.10 Responsibilities Purposes. (intro.) The board shall purposes of the board are to protect the general public by inspecting and to support quality educational options. The board shall accomplish those purposes by doing all of the following:

AB281-ASA1,12,14 (1) Evaluating 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.

AB281-ASA1, s. 36 Section 36. 38.50 (3) of the statutes is renumbered 37.25 and amended to read:

AB281-ASA1,12,17 37.25 Rule-making power. The board shall promulgate rules and establish standards necessary to administer this section chapter.

AB281-ASA1, s. 37 Section 37. 38.50 (5) of the statutes is renumbered 37.20 and amended to read:

AB281-ASA1,12,24 37.20 Employees, quarters. The board shall employ a person to perform the duties of an executive secretary director and any other persons under the classified service that may be necessary to carry out the board's responsibilities purposes. The person performing the duties of the executive secretary director shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the technical college system board.

AB281-ASA1, s. 38 Section 38. 38.50 (7) (intro.) of the statutes is renumbered 37.35 (intro.) and amended to read:

AB281-ASA1,13,9 37.35 Approval of schools generally Responsibilities. (intro.) 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 hold schools accountable for achieving satisfactory student outcomes and to ensure that programs meet generally accepted educational, occupational, and industry standards, the board shall do all of the following:

AB281-ASA1, s. 39 Section 39. 38.50 (7) (a) of the statutes is renumbered 37.35 (1) and amended to read:

AB281-ASA1,13,14 37.35 (1) Investigate Evaluate the adequacy of courses and courses of instruction programs offered by schools to residents of this state and establish minimum standards for those courses of instruction.

AB281-ASA1, s. 40 Section 40. 38.50 (7) (b) of the statutes is repealed.

AB281-ASA1, s. 41 Section 41. 38.50 (7) (c) of the statutes is renumbered 37.35 (6) and amended to read:

AB281-ASA1,13,20 37.35 (6) Establish rules, standards , and criteria to prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction programs.

AB281-ASA1, s. 42 Section 42. 38.50 (7) (d) of the statutes is renumbered 37.35 (5) and amended to read:

AB281-ASA1,13,25 37.35 (5) Promulgate rules restricting Prescribe restrictions on the negotiability of promissory instruments received by schools in payment of tuition and other charges fees.

AB281-ASA1, s. 43 Section 43. 38.50 (7) (e) of the statutes is renumbered 37.35 (7) and amended to read:

AB281-ASA1,14,5 37.35 (7) 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 program or withdraws or is discontinued from the course program.

AB281-ASA1, s. 44 Section 44. 38.50 (7) (f) of the statutes is renumbered 37.35 (3) (intro.) and amended to read:

AB281-ASA1,14,11 37.35 (3) (intro.) Require schools offering courses and courses of instruction to residents of this state to furnish a school, prior to enrolling a student who is a resident of this state, to provide the student with a catalog that includes information concerning their all of the following:

AB281-ASA1,14,12 (a) The school's mission, facilities, curricula, programs, and instructors,.

AB281-ASA1,14,14 (b) The school's policies concerning enrollment policies, tuition and other charges and and admissions, academic progress, and student conduct.

AB281-ASA1,14,16 (f) The school's fees, refund policies, and policies concerning negotiability of promissory instruments received in payment of tuition and other charges fees.

AB281-ASA1, s. 45 Section 45. 38.50 (7) (g) of the statutes is renumbered 37.30 (1) and amended to read:

AB281-ASA1,14,23 37.30 (1) Approve courses of instruction, Subject to sub. (2), the board shall approve schools, programs, changes of ownership or control of schools, and teaching locations meeting, and representatives that meet the requirements and standards established by the board and complying that comply with rules promulgated by the board and publish a list of the schools and courses of instruction approved.

AB281-ASA1, s. 46 Section 46. 38.50 (7) (h) of the statutes is renumbered 37.35 (4) and amended to read:

AB281-ASA1,15,3 37.35 (4) Issue Regulate the recruiting of students for programs offered by schools and issue permits to solicitors representatives when all board requirements have been met.

AB281-ASA1, s. 47 Section 47. 38.50 (7) (i) of the statutes is renumbered 37.35 (9).

AB281-ASA1, s. 48 Section 48. 38.50 (8) (title) of the statutes is renumbered 37.60 (title) and amended to read:

AB281-ASA1,15,7 37.60 (title) Soliciting Recruitment of students.

AB281-ASA1, s. 49 Section 49. 38.50 (8) (a) of the statutes is renumbered 37.60 (1) and amended to read:

AB281-ASA1,15,17 37.60 (1) 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 representative may sell any program or recruit any student for a program in this state for a consideration or remuneration, except upon the actual business premises of the school, unless the solicitor representative first secures a solicitor's representative's permit from the board. If the solicitor representative represents more than one school, a separate permit shall be obtained for each school the solicitor representative represents.

AB281-ASA1, s. 50 Section 50. 38.50 (8) (b) of the statutes is renumbered 37.60 (2) and amended to read:

AB281-ASA1,16,20 37.60 (2) Solicitor's Representative's permit. The application for a solicitor's representative'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 representative'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 representative made with the student, and may be supplied by the solicitor representative or by the school itself either as a blanket bond covering each of its solicitors representatives in the amount of $2,000 or the surety bond under sub. (7) (i) s. 37.35 (9). Upon approval of a permit, the board shall issue an identification card to the solicitor representative giving his or her name and address, and the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit recruit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph subsection of the surety on the bond for each solicitor representative 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 subsection 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 representative's permit.

AB281-ASA1, s. 51 Section 51. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.60 (3) (intro.) and amended to read:

AB281-ASA1,16,25 37.60 (3) Refusal or revocation of permit. (intro.) The board may refuse to issue or renew, or may revoke, any solicitor's representative's permit upon one or any combination of the following grounds:

AB281-ASA1, s. 52 Section 52. 38.50 (8) (c) 1. of the statutes is renumbered 37.60 (3) (a) and amended to read:

AB281-ASA1,17,4 37.60 (3) (a) Willful violation of this subsection section or any rule promulgated by the board under this section chapter.

AB281-ASA1, s. 53 Section 53. 38.50 (8) (c) 2. of the statutes is renumbered 37.60 (3) (b).

AB281-ASA1, s. 54 Section 54. 38.50 (8) (c) 3. of the statutes is renumbered 37.60 (3) (c) and amended to read:

AB281-ASA1,17,10 37.60 (3) (c) Presenting information to prospective students relating to the school, a course, or a course of instruction or a program that is false, fraudulent, or misleading.

AB281-ASA1, s. 55 Section 55. 38.50 (8) (c) 4. of the statutes is renumbered 37.60 (3) (d) and amended to read:

AB281-ASA1,17,14 37.60 (3) (d) Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board.

AB281-ASA1, s. 56 Section 56. 38.50 (8) (c) 5. of the statutes is renumbered 37.60 (3) (e) and amended to read:

AB281-ASA1,17,19 37.60 (3) (e) Failure of the school which the solicitor representative represents to meet requirements and standards established by and to comply with rules promulgated by the board under sub. (7) s. 37.25.

AB281-ASA1, s. 57 Section 57. 38.50 (8) (c) 6. of the statutes is renumbered 37.60 (3) (f) and amended to read:

AB281-ASA1,17,22 37.60 (3) (f) Cancellation of the solicitor's representative's bond by surety.

AB281-ASA1, s. 58 Section 58. 38.50 (8) (c) 7. of the statutes is renumbered 37.60 (3) (g).

AB281-ASA1, s. 59 Section 59. 38.50 (8) (d) of the statutes is renumbered 37.60 (4).

AB281-ASA1, s. 60 Section 60. 38.50 (8) (e) of the statutes is renumbered 37.60 (5).

AB281-ASA1, s. 61 Section 61. 38.50 (8) (f) of the statutes is renumbered 37.60 (6) and amended to read:

AB281-ASA1,18,6 37.60 (6) Recovery by students. The bond in force under par. (b) sub. (2) 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.

AB281-ASA1, s. 62 Section 62. 38.50 (8) (g) of the statutes is renumbered 37.60 (7) and amended to read:

AB281-ASA1,18,14 37.60 (7) 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 program if the representative who sold or solicited the course the program or recruited the student for the program was not the holder of a solicitor's representative's permit under this subsection section at the time of the sale or solicitation recruitment.

AB281-ASA1, s. 63 Section 63. 38.50 (8) (h) of the statutes is repealed.

AB281-ASA1, s. 64 Section 64. 38.50 (8) (i) of the statutes is repealed.

AB281-ASA1, s. 65 Section 65. 38.50 (10) (title) of the statutes is repealed.