LRBs0271/1
GMM:wlj&kjf:rs
2007 - 2008 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2007 SENATE BILL 174
March 5, 2008 - Offered by Senator
Vinehout.
SB174-SSA1,2,9
1An Act to repeal 37.60, 38.50 (1) (b), 38.50 (1) (e) 6., 38.50 (1) (e) 8., 38.50 (7) (b),
238.50 (8) (h), 38.50 (8) (i), 38.50 (10) (title), 38.50 (11) (a) 1., 38.50 (11) (a) 2. and
338.50 (11) (b) 2.;
to renumber 38.50 (title), 38.50 (1) (d), 38.50 (7) (i), 38.50 (8)
4(c) 2., 38.50 (8) (c) 7., 38.50 (8) (d), 38.50 (8) (e), 38.50 (10) (c) (intro.), 38.50 (10)
5(c) 4. and 38.50 (11) (title);
to renumber and amend 38.50 (1) (intro.), 38.50
6(1) (a), 38.50 (1) (c), 38.50 (1) (e) (intro.), 38.50 (1) (e) 1., 38.50 (1) (e) 2., 38.50
7(1) (e) 3., 38.50 (1) (e) 4., 38.50 (1) (e) 5., 38.50 (1) (e) 7., 38.50 (1) (f), 38.50 (1)
8(g), 38.50 (2), 38.50 (3), 38.50 (5), 38.50 (7) (intro.), 38.50 (7) (a), 38.50 (7) (c),
938.50 (7) (d), 38.50 (7) (e), 38.50 (7) (f), 38.50 (7) (g), 38.50 (7) (h), 38.50 (8) (title),
1038.50 (8) (a), 38.50 (8) (b), 38.50 (8) (c) (intro.), 38.50 (8) (c) 1., 38.50 (8) (c) 3.,
1138.50 (8) (c) 4., 38.50 (8) (c) 5., 38.50 (8) (c) 6., 38.50 (8) (f), 38.50 (8) (g), 38.50
12(10) (a), 38.50 (10) (b), 38.50 (10) (c) (title), 38.50 (10) (c) 1., 38.50 (10) (c) 2., 38.50
13(10) (c) 3., 38.50 (10) (cm), 38.50 (10) (d), 38.50 (10) (e), 38.50 (10) (f), 38.50 (11)
1(a) (intro.), 38.50 (11) (a) 3., 38.50 (11) (b) 1., 38.50 (11) (c) and 38.50 (11) (d);
to
2amend 20.292 (2) (g), 20.292 (2) (gm), 20.292 (2) (i), 29.506 (7m) (a), 45.20 (1)
3(d), 45.20 (2) (a) 1., 45.20 (2) (a) 2. (intro.), 45.20 (2) (c) 1., 45.20 (2) (d) 1. (intro.),
445.21 (2) (a), 71.05 (6) (b) 28. (intro.), 182.028, 460.05 (1) (e) 1., 944.21 (8) (b) 3.
5a. and 948.11 (4) (b) 3. a.;
to repeal and recreate 20.292 (2) (g); and
to create
637.01 (2), 37.10 (2) to (6), 37.15, 37.30 (title), 37.30 (2), 37.30 (3), 37.35 (2), 37.35
7(3) (c), (d), (e) and (g), 37.35 (8), 37.40 (title), 37.45 and 37.50 of the statutes;
8relating to: the purposes, authority, and responsibilities of the Educational
9Approval Board and the regulation of schools by that board.
Analysis by the Legislative Reference Bureau
Under current law, the Educational Approval Board (EAB) is required to
protect the general public by inspecting and approving private trade,
correspondence, business, and technical schools, changes of ownership or control of
those schools, teaching locations used by those schools, and courses of instruction
offered by those schools and by regulating the soliciting of students for courses and
courses of instruction offered by those schools. In particular, the EAB is required to
perform certain actions to protect students, prevent fraud, and encourage generally
accepted educational standards at those schools. Those actions include requiring
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 the
negotiability of promissory instruments received in payment of tuition and other
charges.
Current law also prohibits a solicitor representing any school from soliciting
students for a course or course of instruction 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 EAB and includes provisions relating to
application and issuance of solicitor's permits, refusal or revocation of those permits,
and consequences for soliciting students without a permit. Moreover, current law
permits the EAB to indemnify a student, parent, or sponsor from an appropriation
commonly referred to as the student protection fund, if a school closure results in
losses to the student, parent, or sponsor. Finally, current law permits the EAB to
take possession of the student records of schools, including certain schools not
approved by the EAB, that have discontinued their operations, are proposing to
discontinue their operations, or are in imminent danger of discontinuing their
operations, if the records are in danger of being destroyed, secreted, mislaid, or
otherwise being made unavailable to the person who is the subject of the record.
Schools not approved by the EAB whose student records the EAB may take into
possession include tax-exempt schools that were incorporated in this state before
January 1, 1992, or that had their headquarters and principal places of business in
this state before 1970; schools that are licensed, approved, and supervised by other
state agencies; schools approved by the Department of Public Instruction for the
training of teachers; and schools accredited by accrediting agencies recognized by the
EAB.
This substitute amendment moves the powers and duties of the EAB from a
chapter of the statutes relating to the technical college system to its own newly
created chapter, reorganizes those powers and duties, and makes various
substantive changes with respect to those powers and duties. Specifically, the
substitute amendment does the following:
1. Purposes. Specifies that the purposes of the EAB are to protect the general
public and to support quality educational options and requires the EAB to
accomplish those purposes by doing all of the following:
a. Evaluating and approving schools, which the substitute amendment
redefines to mean, subject to certain exceptions, any individual, partnership,
association, corporation, or limited liability company, whether located within or
outside this state, that offers, maintains, provides, or conducts for a fee a course of
study that provides practical or academic instruction, education, or training leading
to a diploma, certificate, or other indicia that a student has acquired knowledge or
skills (program), including any private trade, technical, career, distance learning, or
degree-granting school.
b. Collecting and disseminating outcome and satisfaction information for the
students of schools.
c. Performing annual reviews of schools.
d. Conducting regular on-site evaluations of schools.
e. Holding schools accountable for improving their performance and
effectiveness.
f. Supporting options for innovative and quality programs offered by schools.
2. Accountability. Requires the EAB to develop, periodically review, and, if
appropriate, revise a strategic plan that includes specific goals, objectives, and
measurable results and to use the strategic plan to evaluate annually its
performance and effectiveness.
3. Authority. Requires the EAB to approve schools, programs that another
state agency or board is not authorized to approve or accept, changes of ownership
or control of schools, teaching locations used by schools, and school representatives
who, in places other than a school, attempt to secure the enrollment of students in
the school that meet the requirements and standards established by the EAB and
that comply with rules promulgated by the EAB. In the case of a school that offers
a program that another state agency or board is authorized to approve or accept,
including a program leading to a credential that is required for licensure or a
program providing professional development for a licensee, the substitute
amendment requires the EAB to cooperate with that other state agency or board in
the approval of the school by the EAB and the approval or acceptance of the program
by that other state agency or board. The substitute amendment also grants to the
state superintendent of public instruction exclusive authority to approve or accept
programs leading to licensure of teachers or providing professional development for
teachers and schools that offer only those programs.
4. Responsibility. Requires the EAB to perform certain actions to hold schools
accountable for achieving satisfactory student outcomes and to ensure that
programs meet generally accepted educational, occupational, and industry
standards, including establishing standards and criteria for approving schools
offering programs that are delivered primarily by distance learning and requiring
a school, prior to enrolling a student who is a resident of this state, to provide the
student with a catalog that includes information about the following:
a. The school's mission, facilities, programs, and instructors.
b. The school's policies concerning enrollment and admissions, academic
progress, and student conduct.
c. Student services, including employment assistance services, the school
provides.
d. The school's complaint procedures.
e. Student outcome and satisfaction information.
f. The school's fees, refund policies, and policies concerning the negotiability of
promissory instruments received in payment of fees.
g. Any other information the EAB considers necessary to hold schools
accountable for achieving satisfactory student outcomes and to ensure that
programs meet generally accepted educational, occupational, and industry
standards.
5. Reporting. Requires an approved school to submit annually to the EAB all
of the following:
a. Information about the school as prescribed by the EAB, including a current
school catalog, an enrollment contract, if one is used, copies of advertising used by
the school, and financial information as the EAB considers necessary.
b. Student satisfaction and outcome information, including information on the
number of students from the prior year who are continuing in the current year, the
number of new students starting in the current year, the number of students who
have dropped out or withdrawn since the prior year, the number of students who are
anticipated to continue next year, the number of students completing a program, the
number of completers successfully employed, and such other information as the EAB
considers necessary.
c. A report on the school's progress in achieving the goals of its institutional
plan.
6. Recruiting. Deletes, effective 24 months after the date of publication of the
substitute amendment, the statutory provisions relating to solicitor's permits, but
retains among the responsibilities of EAB regulation of the recruiting of students
and the issuing of permits to school representatives.
7. Student protection fund. Permits the EAB to pursue any legal action it
considers necessary to recover any losses paid from the student protection fund.
8. Student records. Eliminates the authority of the EAB to take possession
of the student records of a school not approved by the EAB that has discontinued its
operations, is proposing to discontinue its operations, or is in imminent danger of
discontinuing its operations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB174-SSA1,5,62
20.292
(2) (g)
Proprietary
Approval of school programs. The amounts in the
3schedule for the examination and approval of
proprietary school programs
under ch.
437. Ninety percent of all moneys received from the issuance of
solicitor's 5representative's permits under s.
38.50 (8) 37.60 and from the fees under s.
38.50 (10) 637.40 (3) (c) shall be credited to this appropriation account.
SB174-SSA1, s. 2
7Section
2. 20.292 (2) (g) of the statutes, as affected by 2007 Wisconsin Act ....
8(this act), is repealed and recreated to read:
SB174-SSA1,5,129
20.292
(2) (g)
Approval of school programs. The amounts in the schedule for
10the examination and approval of school programs under ch. 37. Ninety percent of all
11moneys received from the fees under s. 37.40 (3) (c) shall be credited to this
12appropriation account.
SB174-SSA1, s. 3
13Section
3. 20.292 (2) (gm) of the statutes is amended to read:
SB174-SSA1,5,1914
20.292
(2) (gm)
Student protection. All moneys received from fees received
15under s.
38.50 (10) (c) 4. 37.40 (3) (d) and from amounts recovered under s. 37.50 (1),
16for the purpose of indemnifying students, parents, or sponsors under s.
38.50 (10) (a) 1737.50 (1) and for the purpose of preserving under s.
38.50 (11) 37.55 the students
18records of schools
, as defined in s. 38.50 (11) (a) 2., that have discontinued their
19operations.
SB174-SSA1, s. 4
20Section
4. 20.292 (2) (i) of the statutes is amended to read:
SB174-SSA1,6,5
120.292
(2) (i)
Closed schools; preservation of student records. All moneys
2received from fees collected under s.
38.50 (11) (d)
37.55 (4) to be used for the
3administrative costs of taking possession of, preserving, and providing
under s. 37.55 4copies of student records of schools
, as defined in s. 38.50 (11) (a) 2., that have
5discontinued their operations.
SB174-SSA1, s. 5
6Section
5. 29.506 (7m) (a) of the statutes is amended to read:
SB174-SSA1,6,117
29.506
(7m) (a) The department shall issue a taxidermy school permit to a
8person who applies for the permit; who, on August 15, 1991,
holds held a valid
9taxidermist permit issued under this section; and who, on August 15, 1991,
operates 10operated a taxidermy school approved by the educational approval board under s.
1138.50 38.51, 1991 stats.
SB174-SSA1,6,1413
37.01
(2) "Fee" means an application fee, a fee charged for tuition, books, or
14materials, or any other fee charged to attend a school.
SB174-SSA1, s. 7
15Section
7. 37.10 (2) to (6) of the statutes are created to read:
SB174-SSA1,6,1716
37.10
(2) Collecting and disseminating outcome and satisfaction information
17for students attending schools.
SB174-SSA1,6,18
18(3) Performing annual reviews of schools.
SB174-SSA1,6,19
19(4) Conducting regular on-site evaluations of schools.
SB174-SSA1,6,21
20(5) Holding schools accountable for improving their performance and
21effectiveness.