Amendment SSA1-SB174

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)