LRB-2951/2
ARG:emw
2015 - 2016 LEGISLATURE
January 6, 2016 - Introduced by Senator Harsdorf, cosponsored by Representative
Ballweg. Referred to Committee on Universities and Technical Colleges.
SB511,1,4
1An Act to create 15.07 (5m) (d), 15.675, 20.235 (3), 38.50 (1) (e) 9. and 10.,
2subchapter V (title) of chapter 39 [precedes 39.85], 39.85, 39.86, 39.87 and
3227.01 (13) (yo) and (yp) of the statutes;
relating to: creating a Distance
4Learning Authorization Board and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill creates a Distance Learning Authorization Board (DLA Board)
attached to the Higher Educational Aids Board. The DLA Board consists of the
following members: 1) the president of the University of Wisconsin System or his or
her designee; 2) the president of the Technical College System Board or his or her
designee; 3) the president of the Wisconsin Association of Independent Colleges and
Universities or his or her designee; 4) the executive secretary of the Educational
Approval Board (EAB); and 5) one person representing Wisconsin tribal colleges.
Under the bill, the DLA Board may, on behalf of this state, enter into the State
Authorization Reciprocity Agreement or any amendment to or superseding version
of it, or any other interstate reciprocity agreement related to state authorization and
oversight of postsecondary institutions that offer distance education to out-of-state
students (collectively "agreement"). However, before the DLA Board enters into an
agreement, the DLA Board must provide the agreement to the Joint Committee on
Finance under a passive review process.
Under the bill, if the DLA Board enters into an agreement, the DLA Board must
1) authorize eligible institutions for the offering of distance education programs; 2)
maintain a list of these institutions; 3) maintain and administer a complaint
resolution process for complaints related to the distance education programs of these
authorized institutions; 4) monitor these authorized institutions with respect to
consumer protection of students enrolled in distance education programs; and 5)
administer and enforce the provisions of the agreement with respect to authorized
institutions. The bill defines a "distance education program" as the offering of
courses for credit, to students outside Wisconsin, that will lead to a degree or
certificate from the institution. The bill defines an "eligible institution" as a
postsecondary institution that 1) is accredited by a regional or national accrediting
agency recognized by the federal Department of Education; 2) maintains its principal
campus in Wisconsin and identifies Wisconsin as the state where this campus holds
its institutional accreditation; 3) is authorized to offer in Wisconsin degrees at the
associate level or higher; and 4) offers distance education programs and grants
degrees or certificates in connection with these programs. If the DLA Board enters
into an agreement, it may establish procedures consistent with the provisions of the
agreement. The bill does not require an eligible institution to obtain authorization
from the DLA Board for its distance education programs but, if the institution elects
not to obtain the DLA Board's authorization, the institution does not receive any
benefit under the agreement. If the DLA Board enters into an agreement, the DLA
Board, not the EAB, has jurisdiction over the distance education programs of a
postsecondary institution authorized by the DLA Board. In addition, if the DLA
Board enters into an agreement, the EAB does not have jurisdiction over an
out-of-state postsecondary institution that is located in a state which has joined an
agreement and that has obtained authorization from that state to offer distance
education programs to students in other states.
The bill also requires the DLA Board to create and maintain a list of the names
of all postsecondary institutions that, under specified federal regulations, are legally
authorized in this state and are exempt from additional state authorization
requirements as provided under these federal regulations (exempt institutions). The
DLA Board must make this list of exempt institutions available to the public and,
at least annually, the list must be published in the Wisconsin Administrative
Register.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB511,1
1Section
1. 15.07 (5m) (d) of the statutes is created to read:
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15.07
(5m) (d)
Distance learning authorization board. The members of the
3distance learning authorization board shall not be reimbursed for expenses under
4sub. (5).
SB511,2
1Section
2. 15.675 of the statutes is created to read:
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215.675 Same; attached board. (1) Distance learning authorization board. 3There is created a distance learning authorization board, for higher education, that
4is attached to the higher educational aids board under s. 15.03 and that consists of
5all of the following members:
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(a) The president of the University of Wisconsin System or his or her designee.
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(b) The president of the technical college system board or his or her designee.
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(c) The president of the Wisconsin Association of Independent Colleges and
9Universities or his or her designee.
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(d) The executive secretary of the educational approval board.
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(e) One person representing tribal colleges in this state, appointed for a 4-year
12term.
SB511,3
13Section
3. 20.235 (3) of the statutes is created to read:
SB511,3,1614
20.235
(3) Distance learning authorization board. (g)
General operations. 15All moneys received from fees collected under s. 39.86 (5) for the operations and
16administration of the distance learning authorization board.
SB511,4
17Section
4. 38.50 (1) (e) 9. and 10. of the statutes are created to read:
SB511,3,2018
38.50
(1) (e) 9. The distance education program of an eligible institution that
19has been authorized by the distance learning authorization board under s. 39.86 (3)
20(a) 1.
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10. If the distance learning authorization board enters into an agreement
22under s. 39.86 (2) (a), a postsecondary institution to which all of the following apply:
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a. The institution does not have its principal campus in this state.
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b. The jurisdiction in which the institution has its principal campus has joined
25an agreement, as defined in s. 39.86 (1) (a), of which this state is a member or for
1which there is reciprocity with the agreement entered into by the distance learning
2authorization board under s. 39.86 (2) (a).
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c. The institution has obtained authorization, from the jurisdiction in which the
4institution has its principal campus, to offer distance education programs to
5students located beyond the borders of the state where the institution is located.
SB511,5
6Section
5. Subchapter V (title) of chapter 39 [precedes 39.85] of the statutes
7is created to read:
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distance learning authorization BOARD
SB511,6
11Section
6. 39.85 of the statutes is created to read:
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1239.85 Definitions. In this subchapter:
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13(1) "Board" means the distance learning authorization board.
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14(2) "Other jurisdiction" or "another jurisdiction" means any state of the United
15States other than Wisconsin, any foreign country, the District of Columbia, the
16commonwealth of Puerto Rico, or any territory or possession of the United States.
SB511,7
17Section
7. 39.86 of the statutes is created to read:
SB511,4,19
1839.86 Distance education reciprocity agreement. (1) Definitions. In
19this section:
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(a) "Agreement" means any of the following:
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1. The agreement developed by the National Council for State Authorization
22Reciprocity Agreements that, as of the effective date of this subdivision .... [LRB
23inserts date], is known as the "State Authorization Reciprocity Agreement" and that,
24for the region that includes this state, is administered under the midwestern higher
25education compact entered into by this state under s. 39.80.
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12. Any amendment or superseding version of the agreement described in subd.
21.
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3. Any other interstate reciprocity agreement related to state authorization
4and oversight of postsecondary institutions that offer distance education to students
5located beyond the borders of the state where the institution is located.
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(b) "Distance education program" means the offering of courses for credit to
7students in another jurisdiction that will lead to a degree or certificate from the
8institution offering the course.
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(c) "Eligible institution" means a postsecondary institution to which all of the
10following apply:
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1. The institution holds institutional accreditation by name, as a single entity,
12from an accrediting agency or association that is recognized by the federal secretary
13of education as meeting the criteria established under
20 USC 1099b and that has
14formal recognition to accredit distance education programs.
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2. The institution maintains its principal campus in this state, and this state
16is the state where the institution's principal campus holds its institutional
17accreditation as described in subd. 1.
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3. The institution has authority, which is not derived under this section, to offer
19in this state degrees at the associate level or higher.
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4. The institution offers any distance education program and grants degrees
21or certificates in connection with the program.
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22(2) Authorization to enter into an agreement. (a) Subject to par. (b), the
23board, on behalf of this state, may enter into an agreement.
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1(b) 1. Before entering into an agreement, the board shall provide written notice
2to the joint committee on finance of the board's intention to enter into an agreement,
3which notice shall include a copy of the agreement.
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2. If, within 14 working days after the date of the notice under subd. 1., the
5cochairpersons of the joint committee on finance do not notify the board that the
6committee has scheduled a meeting to review the board's proposal to enter into the
7agreement, the board may enter into the agreement. If, within 14 working days after
8the date of the notice, the cochairpersons of the committee notify the board that the
9committee has scheduled a meeting to review the board's proposal to enter into the
10agreement, the board may not enter into the agreement unless the committee
11approves.
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(c) If the board enters into an agreement under par. (a), the board shall comply
13with the provisions of the agreement.
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(d) If the board enters into an agreement under par. (a), the board shall provide
15notice to the legislative reference bureau and the legislative reference bureau shall
16publish a notice of the state's joinder in the agreement in the Wisconsin
17administrative register under s. 35.93 (2).
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(e) If the board enters into an agreement under par. (a), the board shall be this
19state's lead contact agency, or portal agency, for purposes of the agreement, including
20administration, enforcement, and compliance under the agreement.
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21(3) Powers and duties of the board. (a) Subject to sub. (7), if the board enters
22into an agreement under sub. (2) (a), the board shall do all of the following:
SB511,6,2423
1. Review and authorize eligible institutions for the offering of distance
24education programs, consistent with the provisions of the agreement.
SB511,7,2
12. Create and maintain a list of eligible institutions authorized by the board
2under subd. 1.
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3. Maintain and administer a complaint resolution process, consistent with the
4provisions of the agreement, for complaints related to the distance education
5programs of eligible institutions authorized by the board, including complaints
6originating outside of this state. The complaint resolution process shall require
7complaints to be first addressed at the institutional level.
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4. Monitor the eligible institutions authorized by the board with respect to
9consumer protection of students enrolled in these institutions' distance education
10programs.