38.50(11)(b)1.1. 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.
38.50(11)(b)2.
2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association 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 association shall take possession of those student records.
38.50(11)(c)
(c) 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.
38.50(11)(d)
(d) 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. 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 shall be credited to the appropriation account under
s. 20.292 (2) (i).
38.50(12)
(12) Use of certain terms prohibited. 38.50(12)(a)(a) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term "college" or "university" in the person's name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:
38.50(12)(a)1.
1. A school that was doing business in this state with the approval of the board prior to May 27, 2010.
38.50(12)(a)1m.
1m. A person described in
sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.
38.50(12)(b)
(b) No school, including a school described in
sub. (1) (e) 1. to
8., may use the term "state" or "Wisconsin" in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in
sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board, or has accreditation recognized by the Council for Higher Education Accreditation.
38.50(12)(c)
(c) The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of
par. (a) or
(b).
38.50(12)(d)
(d) Any person who violates
par. (a) or
(b) may be required to forfeit not more than $500. Each day of operation in violation of
par. (a) or
(b) constitutes a separate offense.
38.50(12)(e)
(e) In addition to any other remedies provided by law, a student who attends a school that is in violation of
par. (a) or
(b) may bring a civil action to recover fees paid to the school, together with costs and disbursements, including reasonable attorney fees.
38.50(13)(a)1.
1. "Academic credential" means a degree, transcript, certificate, or other similar document that indicates the completion of a program, course, or course of instruction leading to, or the earning of academic credit toward, the granting of an associate, baccalaureate, or graduate degree.
38.50(13)(a)2.
2. "Authorized institution of higher education" means an educational institution that meets any of the following requirements:
38.50(13)(a)2.a.
a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the board; or has accreditation recognized by the Council for Higher Education Accreditation.
38.50(13)(a)2.d.
d. Does not operate in this state, but is licensed or otherwise approved by the appropriate state agency of another state and is an active applicant for accreditation by an accrediting body recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation.
38.50(13)(a)2.e.
e. Has been found by the board to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.
38.50(13)(a)3.
3. "False academic credential" means an academic credential issued or manufactured by a person that is not an authorized institution of higher education.
38.50(13)(a)4.
4. "Legitimate academic credential" means an academic credential issued by an authorized institution of higher education.
38.50(13)(b)
(b) Any person who knowingly issues or manufactures a false academic credential is guilty of a Class A misdemeanor.
38.50(13)(c)
(c) Any person who knowingly uses a false academic credential, or who falsely claims to have a legitimate academic credential, as follows may be required to forfeit not more than $1,000:
38.50(13)(c)1.
1. In any communication to a client or to the general public, in connection with any business, trade, profession, or occupation.
38.50(13)(c)2.
2. For the purpose of obtaining a license or other approval required to practice a trade, profession, or occupation.
38.50(13)(c)3.
3. For the purpose of obtaining admission to an authorized institution of higher education.
38.50(13)(c)4.
4. For the purpose of obtaining an employment position with a state agency or with a political subdivision of the state, including an elective or appointive position, whether compensated or not; of obtaining a promotion, transfer, or reassignment from such a position; or of obtaining an increase in compensation or benefits for such a position.
38.50(13)(d)
(d) The board may charge a fee for evaluating an educational institution under
par. (a) 2. e. in an amount that is sufficient to cover all costs that the board incurs in evaluating the institution. All fees collected by the board under this paragraph shall be credited to the appropriation account under
s. 20.292 (2) (g).
38.50 History
History: 2005 a. 25 ss.
725g,
735c to
735x; Stats. 2005 s. 38.50;
2009 a. 300;
2011 a. 32.
38.50 Cross-reference
Cross-reference: See also
EAB, Wis. adm. code.
38.50 Annotation
A Wisconsin corporation offering programs that lead to certification for teachers and other school personnel was not subject to regulation as a trade or technical school. Norda, Inc. v. Wisconsin Educational Approval Board,
2006 WI App 125,
294 Wis. 2d 686,
718 N.W.2d 236,
05-2335.
