AB427,14,1816
37.35
(6) Establish
rules, standards
, and criteria to prevent fraud and
17misrepresentation in the sale and advertising of
courses and courses of instruction 18programs.
AB427, s. 43
19Section
43. 38.50 (7) (d) of the statutes is renumbered 37.35 (5) and amended
20to read:
AB427,14,2321
37.35
(5) Promulgate rules restricting
Prescribe restrictions on the
22negotiability of promissory instruments received by schools in payment of
tuition
23and other charges fees.
AB427, s. 44
24Section
44. 38.50 (7) (e) of the statutes is renumbered 37.35 (7) and amended
25to read:
AB427,15,3
137.35
(7) Establish minimum standards for refund of the unused portion of
2tuition, fees
, and other charges if a student does not enter a
course or course of
3instruction program or withdraws or is discontinued from the
course program.
AB427, s. 45
4Section
45. 38.50 (7) (f) of the statutes is renumbered 37.35 (3) (intro.) and
5amended to read:
AB427,15,96
37.35
(3) (intro.) Require
schools offering courses and courses of instruction to
7residents of this state to furnish a school, prior to enrolling a student who is a
8resident of this state, to provide the student with a catalog that includes information
9concerning
their all of the following:
AB427,15,10
10(a) The school's mission, facilities,
curricula, programs, and instructors
,.
AB427,15,12
11(b) The school's policies concerning enrollment
policies, tuition and other
12charges and and admissions, academic progress, and student conduct.
AB427,15,14
13(f) The school's fees, refund policies, and policies concerning negotiability of
14promissory instruments received in payment of
tuition and other charges fees.
AB427, s. 46
15Section
46. 38.50 (7) (g) of the statutes is renumbered 37.30 (1) and amended
16to read:
AB427,15,2417
37.30
(1) Approve courses of instruction, Subject to sub. (2), the board shall
18approve schools,
programs, changes of ownership or control of schools,
and teaching
19locations
meeting, and representatives that meet the requirements and standards
20established by the board and
complying that comply with rules promulgated by the
21board
; publish a list of the schools and courses of instruction approved and a list of
22the schools that are authorized to use the term "college," "university," "state," or
23"Wisconsin" in their names; and make those lists of the schools available on the
24board's Internet site.
AB427, s. 47
1Section
47. 38.50 (7) (h) of the statutes is renumbered 37.35 (4) and amended
2to read:
AB427,16,53
37.35
(4) Issue Regulate the recruiting of students for programs offered by
4schools and issue permits to
solicitors when
representatives that meet all board
5requirements
have been met.
AB427, s. 48
6Section
48. 38.50 (7) (i) of the statutes is renumbered 37.35 (9).
AB427, s. 49
7Section
49. 38.50 (8) (title) of the statutes is renumbered 37.70 (title) and
8amended to read:
AB427,16,9
937.70 (title)
Soliciting
Recruitment of students.
AB427, s. 50
10Section
50. 38.50 (8) (a) of the statutes is renumbered 37.70 (1) and amended
11to read:
AB427,16,1912
37.70
(1) In general. No
solicitor representing any school offering any course
13or course of instruction shall sell any course or course of instruction or solicit
14students for a course or course of instruction representative may sell any program
15or recruit any student for a program in this state for a consideration or remuneration,
16except upon the actual business premises of the school, unless the
solicitor 17representative first secures a
solicitor's representative's permit from the board. If
18the
solicitor representative represents more than one school, a separate permit shall
19be obtained for each school the
solicitor representative represents.
AB427, s. 51
20Section
51. 38.50 (8) (b) of the statutes is renumbered 37.70 (2) and amended
21to read:
AB427,17,2222
37.70
(2) Solicitor's
Representative's permit. The application for a
solicitor's 23representative's permit shall be made on a form furnished by the board and shall be
24accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000.
25The board shall, by rule, specify the amount of the fee for a
solicitor's representative's
1permit. The bond may be continuous and shall be conditioned to provide
2indemnification to any student suffering loss as the result of any fraud or
3misrepresentation used in procuring his or her enrollment or as a result of the failure
4of the school to perform faithfully the agreement the
solicitor representative made
5with the student, and may be supplied by the
solicitor
representative or by the school
6itself either as a blanket bond covering each of its
solicitors representatives in the
7amount of $2,000 or the surety bond under
sub. (7) (i)
s. 37.35 (9). Upon approval of
8a permit, the board shall issue an identification card to the
solicitor representative 9giving his or her name and address
, and the name and address of the employing
10school
, and certifying that the person whose name appears on the card is authorized
11to
solicit recruit students for the school. A permit shall be valid for one year from the
12date issued. Liability under this
paragraph subsection of the surety on the bond for
13each
solicitor representative covered by the bond shall not exceed the sum of $2,000
14as an aggregate for any and all students for all breaches of the conditions of the bond.
15The surety of a bond may cancel the bond upon giving 30 days' notice in writing to
16the board and shall be relieved of liability under this
paragraph subsection upon
17giving the notice for any breach of condition occurring after the effective date of the
18cancellation. An application for renewal shall be accompanied by a fee, a surety bond
19acceptable to the board in the sum of $2,000 if a continuous bond has not been
20furnished, and such information as the board requests of the applicant. The board
21shall, by rule, specify the amount of the fee for renewal of a
solicitor's representative's 22permit.
AB427, s. 52
23Section
52. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.70 (3) (intro.)
24and amended to read:
AB427,18,3
137.70
(3) Refusal or revocation of permit. (intro.) The board may refuse to
2issue or renew, or may revoke, any
solicitor's representative's permit upon one or any
3combination of the following grounds:
AB427, s. 53
4Section
53. 38.50 (8) (c) 1. of the statutes is renumbered 37.70 (3) (a) and
5amended to read:
AB427,18,76
37.70
(3) (a) Willful violation of this
subsection section or any rule promulgated
7by the board under this
section chapter.
AB427, s. 54
8Section
54. 38.50 (8) (c) 2. of the statutes is renumbered 37.70 (3) (b).
AB427, s. 55
9Section
55. 38.50 (8) (c) 3. of the statutes is renumbered 37.70 (3) (c) and
10amended to read:
AB427,18,1311
37.70
(3) (c) Presenting information to prospective students relating to the
12school
, a course, or a course of instruction or a program that is false, fraudulent, or
13misleading.
AB427, s. 56
14Section
56. 38.50 (8) (c) 4. of the statutes is renumbered 37.70 (3) (d) and
15amended to read:
AB427,18,1716
37.70
(3) (d) Refusal by the school to be represented to allow reasonable
17inspection or to supply information after written request
therefor by the board.
AB427, s. 57
18Section
57. 38.50 (8) (c) 5. of the statutes is renumbered 37.70 (3) (e) and
19amended to read:
AB427,18,2220
37.70
(3) (e) Failure of the school which the
solicitor representative represents
21to meet requirements and standards established by and to comply with rules
22promulgated by the board under
sub. (7) s. 37.25.
AB427, s. 58
23Section
58. 38.50 (8) (c) 6. of the statutes is renumbered 37.70 (3) (f) and
24amended to read:
AB427,18,2525
37.70
(3) (f) Cancellation of the
solicitor's representative's bond by surety.
AB427, s. 59
1Section
59. 38.50 (8) (c) 7. of the statutes is renumbered 37.70 (3) (g).
AB427, s. 60
2Section
60. 38.50 (8) (d) of the statutes is renumbered 37.70 (4).
AB427, s. 61
3Section
61. 38.50 (8) (e) of the statutes is renumbered 37.70 (5).
AB427, s. 62
4Section
62. 38.50 (8) (f) of the statutes is renumbered 37.70 (6) and amended
5to read:
AB427,19,96
37.70
(6) Recovery by students. The bond in force under
par. (b) sub. (2) shall
7not limit or impair any right of recovery otherwise available under law, nor shall the
8amount of the bond be relevant in determining the amount of damages or other relief
9to which any plaintiff may be entitled.
AB427, s. 63
10Section
63. 38.50 (8) (g) of the statutes is renumbered 37.70 (7) and amended
11to read:
AB427,19,1712
37.70
(7) Recovery on contracts. No recovery shall be had by any school or
13its assignee on any contract for or in connection with a
course or course of instruction 14program if the representative who sold
or solicited the course the program or
15recruited the student for the program was not the holder of a
solicitor's 16representative's permit under this
subsection section at the time of the sale or
17solicitation recruitment.
AB427, s. 64
18Section
64. 38.50 (8) (h) of the statutes is repealed.
AB427, s. 65
19Section
65. 38.50 (8) (i) of the statutes is repealed.
AB427, s. 66
20Section
66. 38.50 (10) (title) of the statutes is repealed.
AB427, s. 67
21Section
67. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended
22to read:
AB427,20,1423
37.40
(1) Authority. Approval. All proprietary schools shall be examined and 24No school may operate or advertise in this state, offer a program to a resident of this
25state, change its ownership or control, or establish a teaching location, and no person
1may act as a representative, unless the school or representative is first approved by
2the board
before operating in this state. Approval shall be granted to schools meeting
3the criteria. If a school, program, change in ownership or control, teaching location,
4or representative meets the requirements and standards established by the board
5and complies with rules promulgated by the board, the board shall approve the
6school, program, change in ownership or control, teaching location, or
7representative. Approval for a school, program, teaching location, or representative
8shall be for a period not to exceed one year.
No school may advertise in this state
9unless approved by the board. All approved schools shall submit quarterly reports,
10including information on enrollment, number of teachers and their qualifications,
11course offerings, number of graduates, number of graduates successfully employed,
12and such other information as the board considers necessary. If a school closure
13results in losses to students, parents, or sponsors, the board may authorize the full
14or partial payment of those losses from the appropriation under s. 20.292 (2) (gm).
AB427, s. 68
15Section
68. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended
16to read:
AB427,21,217
37.40
(2) Application. Application for initial approval
or renewal of approval 18of a school or
a course of instruction, approval of a teaching location, change of
19ownership, or control of a school, renewal of approval of a school or program, approval
20of a substantially revised program, reinstatement of approval of a school
or course
21of instruction that or program whose approval has been revoked
, approval of a
22teaching location, approval of a change of ownership or control of a school, or
23approval of a representative shall be made on a form furnished by the board and shall
24be accompanied by a fee set by the board under
par. (c) sub. (3) and any other
25information
as that the board considers necessary to evaluate the school
, program,
1teaching location, change of ownership or control, or representative in carrying out
2the purpose of this
section chapter.
AB427, s. 69
3Section
69. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title)
4and amended to read:
AB427,21,55
37.40
(3) (title)
Fees; rule making.
AB427, s. 70
6Section
70. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3)
7(intro.).
AB427, s. 71
8Section
71. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and
9amended to read:
AB427,21,1210
37.40
(3) (a) Require that the amount of fees collected under this
paragraph 11subsection be sufficient to cover all costs that the board incurs in examining and
12approving
proprietary schools under
this subsection sub. (1).
AB427, s. 72
13Section
72. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and
14amended to read:
AB427,21,1615
37.40
(3) (b) Give consideration to establishing a variable fee structure based
16on the size of a
proprietary school.
AB427, s. 73
17Section
73. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and
18amended to read:
AB427,21,1919
37.40
(3) (c) Specify a fee to accompany all applications under
par. (b) sub. (2).
AB427, s. 74
20Section
74. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).
AB427, s. 75
21Section
75. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and
22amended to read:
AB427,21,2523
37.40
(4) Limit on student protection fee. The board shall discontinue
24collecting annual student protection fees under
par. (c) 4. sub. (3) (d) during the
25period that the balance in the fund created by those fees exceeds $1,000,000.
AB427, s. 76
1Section
76. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended
2to read:
AB427,22,63
37.50
(2) Enforcement. The attorney general or any district attorney may
4bring an action in circuit court for the enforcement of this
subsection chapter,
5including bringing an action to restrain by temporary or permanent injunction any
6violation of
par. (a) this chapter.
AB427, s. 77
7Section
77. 38.50 (10) (e) of the statutes is renumbered 37.50 (3) and amended
8to read:
AB427,22,119
37.50
(3) Penalties. Any person who violates
par. (a) any provision of this
10chapter may be required to forfeit not more than $500. Each day of
operation in 11continued violation
of par. (a) constitutes a separate offense.
AB427, s. 78
12Section
78. 38.50 (10) (f) of the statutes is renumbered 37.50 (4) and amended
13to read:
AB427,22,1714
37.50
(4) Other remedies. In addition to any other remedies provided by law,
15a student who attends a school that is in violation of
par. (a) this chapter may bring
16a civil action to recover fees paid to the school in violation of
par. (a) this chapter 17together with costs and disbursements, including reasonable attorney fees.
AB427, s. 79
18Section
79. 38.50 (11) (title) of the statutes is renumbered 37.55 (title).
AB427, s. 80
19Section
80. 38.50 (11) (a) (intro.) of the statutes is repealed.
AB427, s. 81
20Section
81. 38.50 (11) (a) 1. of the statutes is repealed.
AB427, s. 82
21Section
82. 38.50 (11) (a) 2. of the statutes is repealed.
AB427, s. 83
22Section
83. 38.50 (11) (a) 3. of the statutes is renumbered 37.55 (1) and
23amended to read:
AB427,23,924
37.55
(1) "Student In this section, "student record" means
, in the case of a
25school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student
1of a school showing the name of the student, the title of the program in which the
2student was or is enrolled, the total number of credits or hours of instruction
3completed by the student, the dates of enrollment, the grade for each course, lesson,
4or unit of instruction completed by the student, the student's cumulative grade for
5the program, and an explanation of the school's credit and grading system.
In the
6case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a
7transcript for a student or former student of the school showing such information
8about the academic work completed by the student or former student as is
9customarily maintained by the school.
AB427, s. 84
10Section
84. 38.50 (11) (b) 1. of the statutes is renumbered 37.55 (2) and
11amended to read:
AB427,23,1912
37.55
(2) If a school operating in this state discontinues its operations, proposes
13to discontinue its operations, or is in imminent danger of discontinuing its operations
14as determined by the board
, if the student records of the school are not taken into
15possession under subd. 2., and if the board determines that the student records of the
16school are in danger of being destroyed, secreted, mislaid, or otherwise made
17unavailable to the persons who are the subjects of those student records or the
18authorized representatives of those persons, the board may take possession of those
19student records.
AB427, s. 85
20Section
85. 38.50 (11) (b) 2. of the statutes is repealed.
AB427, s. 86
21Section
86. 38.50 (11) (c) of the statutes is renumbered 37.55 (3) and amended
22to read:
AB427,24,223
37.55
(3) If necessary to protect student records from being destroyed, secreted,
24mislaid, or otherwise made unavailable to the persons who are the subjects of those
25student records or the authorized representatives of those persons, the board
or
1association may seek a court order authorizing the board
or association to take
2possession of those student records.
AB427, s. 87
3Section
87. 38.50 (11) (d) of the statutes is renumbered 37.55 (4) and amended
4to read:
AB427,24,155
37.55
(4) The board
or association shall preserve a student record that comes
6into the possession of the board
or association under
par. (b) 1. or 2. sub. (2) and shall
7keep the student record confidential as provided under
20 USC 1232g and
34 CFR
8part 99. A student record in the possession of the board is not open to public
9inspection or copying under s. 19.35 (1). Upon request of the person who is the subject
10of a student record or an authorized representative of that person, the board
or
11association shall provide a copy of the student record to the requester. The board
or
12association may charge a fee for providing a copy of a student record. The fee shall
13be based on the administrative cost of taking possession of, preserving, and providing
14the copy of the student record. All fees collected by the board under this
paragraph 15subsection shall be credited to the appropriation account under s. 20.292 (2) (i).
AB427, s. 88
16Section
88. 38.50 (12) (title) of the statutes is renumbered 37.60 (title).
AB427, s. 89
17Section
89. 38.50 (12) (a) (intro.) of the statutes is renumbered 37.60 (1)
18(intro.) and amended to read:
AB427,25,219
37.60
(1) (intro.) No person that holds itself out to the public in any way as a
20legitimate institution of higher education may use the term "college" or "university"
21in the person's name unless the person provides an educational program for which
22the person awards an associate or higher degree and the person has accreditation
23recognized by the U.S. secretary of education, has the foreign equivalent of that
24accreditation, as determined by the board, or has accreditation recognized by the
1Council for Higher Education Accreditation. This
paragraph subsection does not
2apply to any of the following:
AB427, s. 90
3Section
90. 38.50 (12) (a) 1. of the statutes is renumbered 37.60 (1) (a).
AB427,25,106
37.60
(1) (am) A person described in
sub. (1) (e) 1. s. 37.01 (6) (a) whose
7administrative headquarters and principal place of business is in the village of Union
8Grove that provides a residential facility located in that village to assist young adults
9with disabilities in transitioning from home and school to work and independent
10living.
AB427, s. 92
11Section
92. 38.50 (12) (a) 2. of the statutes is renumbered 37.60 (1) (b) and
12amended to read:
AB427,25,1413
37.60
(1) (b) A person described in
sub. (1) (e) 3. to 7. s. 37.01 (6) (c) to (f) that
14was doing business in this state prior to May 27, 2010.
AB427, s. 93
15Section
93. 38.50 (12) (b) of the statutes is renumbered 37.60 (2) and amended
16to read:
AB427,25,2517
37.60
(2) No school, including a school described in
sub. (1) (e) 1. to 8. s. 37.01
18(6) (a) to (f), may use the term "state" or "Wisconsin" in its name if the use of that term
19operates to mislead the public into believing that the school is affiliated with the
20University of Wisconsin System or the technical college system, unless the school
21actually is so affiliated. This
paragraph subsection does not apply to a school
22described in
sub. (1) (e) 1. s. 37.01 (6) (a) that has accreditation recognized by the U.S.
23secretary of education, has the foreign equivalent of that accreditation, as
24determined by the board, or has accreditation recognized by the Council for Higher
25Education Accreditation.