Amendment SSA1-SB174

SB174-SSA1,16,2 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.

SB174-SSA1, s. 51 Section 51. 38.50 (8) (b) of the statutes is renumbered 37.60 (2) and amended to read:

SB174-SSA1,17,5 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.

SB174-SSA1, s. 52 Section 52. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.60 (3) (intro.) and amended to read:

SB174-SSA1,17,10 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:

SB174-SSA1, s. 53 Section 53. 38.50 (8) (c) 1. of the statutes is renumbered 37.60 (3) (a) and amended to read:

SB174-SSA1,17,14 37.60 (3) (a) Willful violation of this subsection section or any rule promulgated by the board under this section chapter.

SB174-SSA1, s. 54 Section 54. 38.50 (8) (c) 2. of the statutes is renumbered 37.60 (3) (b).

SB174-SSA1, s. 55 Section 55. 38.50 (8) (c) 3. of the statutes is renumbered 37.60 (3) (c) and amended to read:

SB174-SSA1,17,20 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.

SB174-SSA1, s. 56 Section 56. 38.50 (8) (c) 4. of the statutes is renumbered 37.60 (3) (d) and amended to read:

SB174-SSA1,17,24 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.

SB174-SSA1, s. 57 Section 57. 38.50 (8) (c) 5. of the statutes is renumbered 37.60 (3) (e) and amended to read:

SB174-SSA1,18,5 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.

SB174-SSA1, s. 58 Section 58. 38.50 (8) (c) 6. of the statutes is renumbered 37.60 (3) (f) and amended to read:

SB174-SSA1,18,8 37.60 (3) (f) Cancellation of the solicitor's representative's bond by surety.

SB174-SSA1, s. 59 Section 59. 38.50 (8) (c) 7. of the statutes is renumbered 37.60 (3) (g).

SB174-SSA1, s. 60 Section 60. 38.50 (8) (d) of the statutes is renumbered 37.60 (4).

SB174-SSA1, s. 61 Section 61. 38.50 (8) (e) of the statutes is renumbered 37.60 (5).

SB174-SSA1, s. 62 Section 62. 38.50 (8) (f) of the statutes is renumbered 37.60 (6) and amended to read:

SB174-SSA1,18,17 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.

SB174-SSA1, s. 63 Section 63. 38.50 (8) (g) of the statutes is renumbered 37.60 (7) and amended to read:

SB174-SSA1,18,25 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.

SB174-SSA1, s. 64 Section 64. 38.50 (8) (h) of the statutes is repealed.

SB174-SSA1, s. 65 Section 65. 38.50 (8) (i) of the statutes is repealed.

SB174-SSA1, s. 66 Section 66. 38.50 (10) (title) of the statutes is repealed.

SB174-SSA1, s. 67 Section 67. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended to read:

SB174-SSA1,19,22 37.40 (1) Authority. Approval. All proprietary schools shall be examined and No school may operate or advertise in this state, offer a program to a resident of this state, change its ownership or control, or establish a teaching location, and no person may act as a representative, unless the school or representative is first approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria. If a school, program, change in ownership or control, teaching location, or representative meets the requirements and standards established by the board and complies with rules promulgated by the board, the board shall approve the school, program, change in ownership or control, teaching location, or representative. Approval for a school, program, teaching location, or representative shall be 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. 20.292 (2) (gm).

SB174-SSA1, s. 68 Section 68. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended to read:

SB174-SSA1,20,11 37.40 (2) Application. Application for initial approval or renewal of 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 program, approval of a substantially revised program, reinstatement of approval of a school or course of instruction that whose approval has been revoked , approval of a teaching location, approval of a change of ownership or control of a school, or approval of a representative shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) sub. (3) and any other information as that the board considers necessary to evaluate the school, program, teaching location, change of ownership or control, or representative in carrying out the purpose of this section chapter.

SB174-SSA1, s. 69 Section 69. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title) and amended to read:

SB174-SSA1,20,14 37.40 (3) (title) Fees; rule making.

SB174-SSA1, s. 70 Section 70. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3) (intro.).

SB174-SSA1, s. 71 Section 71. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and amended to read:

SB174-SSA1,20,21 37.40 (3) (a) Require that the amount of fees collected under this paragraph subsection be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection sub. (1).

SB174-SSA1, s. 72 Section 72. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and amended to read:

SB174-SSA1,20,25 37.40 (3) (b) Give consideration to establishing a variable fee structure based on the size of a proprietary school.

SB174-SSA1, s. 73 Section 73. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and amended to read:

SB174-SSA1,21,3 37.40 (3) (c) Specify a fee to accompany all applications under par. (b) sub. (2).

SB174-SSA1, s. 74 Section 74. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).

SB174-SSA1, s. 75 Section 75. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and amended to read:

SB174-SSA1,21,9 37.40 (4) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. sub. (3) (d) during the period that the balance in the fund created by those fees exceeds $1,000,000.

SB174-SSA1, s. 76 Section 76. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended to read:

SB174-SSA1,21,15 37.50 (2) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection chapter, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) this chapter.

SB174-SSA1, s. 77 Section 77. 38.50 (10) (e) of the statutes is renumbered 37.50 (3) and amended to read:

SB174-SSA1,21,20 37.50 (3) Penalties. Any person who violates par. (a) any provision of this chapter may be required to forfeit not more than $500. Each day of operation in continued violation of par. (a) constitutes a separate offense.

SB174-SSA1, s. 78 Section 78. 38.50 (10) (f) of the statutes is renumbered 37.50 (4) and amended to read:

SB174-SSA1,22,2 37.50 (4) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) this chapter may bring a civil action to recover fees paid to the school in violation of par. (a) this chapter together with costs and disbursements, including reasonable attorney fees.

SB174-SSA1, s. 79 Section 79. 38.50 (11) (title) of the statutes is renumbered 37.55 (title).

SB174-SSA1, s. 80 Section 80. 38.50 (11) (a) (intro.) of the statutes is renumbered 37.55 (1) (intro.) and amended to read:

SB174-SSA1,22,6 37.55 (1) (intro.) In this subsection section:

SB174-SSA1, s. 81 Section 81. 38.50 (11) (a) 1. of the statutes is repealed.

SB174-SSA1, s. 82 Section 82. 38.50 (11) (a) 2. of the statutes is repealed.

SB174-SSA1, s. 83 Section 83. 38.50 (11) (a) 3. of the statutes is renumbered 37.55 (1) (b) and amended to read:

SB174-SSA1,22,20 37.55 (1) (b) "Student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8, "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.

SB174-SSA1, s. 84 Section 84. 38.50 (11) (b) 1. of the statutes is renumbered 37.55 (2) and amended to read:

SB174-SSA1,23,5 37.55 (2) If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board, if the student records of the school are not taken into possession under subd. 2., and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records.

SB174-SSA1, s. 85 Section 85. 38.50 (11) (b) 2. of the statutes is repealed.

SB174-SSA1, s. 86 Section 86. 38.50 (11) (c) of the statutes is renumbered 37.55 (3) and amended to read:

SB174-SSA1,23,13 37.55 (3) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board or association may seek a court order authorizing the board or association to take possession of those student records.

SB174-SSA1, s. 87 Section 87. 38.50 (11) (d) of the statutes is renumbered 37.55 (4) and amended to read:

SB174-SSA1,24,2 37.55 (4) The board or association shall preserve a student record that comes into the possession of the board or association under par. (b) 1. or 2. sub. (2) and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board or association shall provide a copy of the student record to the requester. The board or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board under this paragraph subsection shall be credited to the appropriation account under s. 20.292 (2) (i).

SB174-SSA1, s. 88 Section 88. 45.20 (1) (d) of the statutes is amended to read:

SB174-SSA1,24,9 45.20 (1) (d) "Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50 ch. 37, means the charge for the courses or programs for which a person is enrolled.

SB174-SSA1, s. 89 Section 89. 45.20 (2) (a) 1. of the statutes is amended to read:

SB174-SSA1,24,16 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50 ch. 37, enrolling in a public or private high school, or receiving a waiver of nonresident tuition under s. 39.47.

SB174-SSA1, s. 90 Section 90. 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:

SB174-SSA1,24,23 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under s. 45.03 (11), or from a proprietary school that is approved under s. 38.50 ch. 37, if any of the following applies:

SB174-SSA1, s. 91 Section 91. 45.20 (2) (c) 1. of the statutes is amended to read:

SB174-SSA1,25,12 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50 ch. 37, any public or private high school, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

SB174-SSA1, s. 92 Section 92. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

SB174-SSA1,25,18 45.20 (2) (d) 1. (intro.) A veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50 ch. 37, at a public or private high school, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

SB174-SSA1, s. 93 Section 93. 45.21 (2) (a) of the statutes is amended to read:

SB174-SSA1,25,24 45.21 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 38.50 ch. 37, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

SB174-SSA1, s. 94 Section 94. 71.05 (6) (b) 28. (intro.) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

SB174-SSA1,26,9 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 38.50 ch. 37, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

SB174-SSA1, s. 95 Section 95. 182.028 of the statutes is amended to read:

SB174-SSA1,26,23 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 (10) 37.40 (1) without complying with the requirements of s. 38.50 ch. 37. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

SB174-SSA1, s. 96 Section 96. 460.05 (1) (e) 1. of the statutes is amended to read:

SB174-SSA1,27,4 460.05 (1) (e) 1. Graduated from a school of massage therapy or bodywork approved by the educational approval board under s. 38.50 ch. 37 or completed a training program approved by the department under the rules promulgated under s. 460.04 (2) (b).

SB174-SSA1, s. 97 Section 97. 944.21 (8) (b) 3. a. of the statutes is amended to read:

SB174-SSA1,27,8 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 ch. 37, or is a school described in s. 38.50 (1) (e) 6., 7. or 8. 37.01 (6) (f); and

SB174-SSA1, s. 98 Section 98. 948.11 (4) (b) 3. a. of the statutes is amended to read:

SB174-SSA1,27,12 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 ch. 37, or is a school described in s. 38.50 (1) (e) 6., 7. or 8. 37.01 (6) (f); and

SB174-SSA1, s. 99 Section 99. Effective dates. This act takes effect on the day after publication, except as follows:

SB174-SSA1,27,17 (1) Representative's permits. The repeal and recreation of section 20.292 (2) (g) of the statutes and the repeal of section 37.60 of the statutes take effect on the first day of the 24th month beginning after publication.

SB174-SSA1,27,18 (End)