1997 Wisconsin Act 27

27,1189 Section 1189. 38.24 (3) (f) of the statutes is created to read:

38.24 (3) (f) Notwithstanding par. (a), the state director may authorize the district board to charge a student who is not a resident of this state and who is enrolled in a course provided through the use of distance education, as defined in s. 24.60 (1g), a fee that is less than the fee established under par. (a) but not less than the fees established under sub. (1m).

27,1189g Section 1189g. 38.27 (1) (h) of the statutes is created to read:

38.27 (1) (h) The creation or expansion of programs at secured juvenile correctional facilities.

27,1189k Section 1189k. 38.27 (2m) (e) of the statutes is created to read:

38.27 (2m) (e) Beginning in the 1997-98 fiscal year, not more than $150,000 annually is awarded for the purpose of sub. (1) (h).

27,1190 Section 1190 . 38.28 (1m) (a) 1. of the statutes is amended to read:

38.28 (1m) (a) 1. “District aidable cost" means the annual cost of operating a technical college district, including debt service charges for district bonds and promissory notes for building programs or capital equipment, but excluding all expenditures relating to auxiliary enterprises and community service programs, all expenditures funded by or reimbursed with federal revenues, all receipts under subs. (6) and (7) and ss. 38.12 (9), 38.14 (3) and (9), 118.15 (2) (a), 118.37 118.55 (7r) and 146.55 (5), all receipts from grants awarded under ss. 38.04 (8) and (20), 38.14 (11), 38.26, 38.27, 38.33 and 38.38, all fees collected under s. 38.24 and driver education and chauffeur training aids.

27,1190m Section 1190m. 38.28 (3) of the statutes is amended to read:

38.28 (3) If the appropriation for state aid under s. 20.292 (1) (d) in any one year is insufficient to pay the full amount under sub. (2), state aid payments shall be prorated among the districts entitled thereto. If the appropriation for state aid under s. 20.292 (1) (u) (fc) in any one year is insufficient to pay the full amount under subs. (2) (c) and (g), funds in the appropriation shall be used first for the purposes of sub. (2) (c) and any remaining funds shall be prorated among the districts entitled to support under sub. (2) (g). If the appropriation for state aid under s. 20.292 (1) (u) (fc) in any one year is insufficient to pay the full amount under sub. (2) (c), funds in the appropriation shall be prorated among the districts entitled to the funds.

27,1191m Section 1191m. 38.28 (7) (a) (intro.) of the statutes is amended to read:

38.28 (7) (a) (intro.) In coordination with the department of education public instruction, the board shall pay the following amounts to each district board from the appropriation under s. 20.292 (1) (cm) for the development and implementation of technical preparation programs in each high school:".

27,1191n Section 1191n. 38.29 (2) (c) of the statutes is amended to read:

38.29 (2) (c) Amounts awarded shall be paid from the appropriation under s. 20.292 (1) (v) (fg).

27,1192 Section 1192 . 38.33 of the statutes is created to read:

38.33 Faculty development grants. (1) From the appropriation under s. 20.292 (1) (eg), the board shall award grants to district boards to establish faculty development programs. The programs shall promote all of the following:

(a) Instructor awareness of and expertise in a wide variety of newly emerging technologies.

(b) The integration of learning technologies in curriculum and instruction.

(c) The use of instructional methods that involve emerging technologies.

(1m) The board may not award a grant to a district board under this section unless there is a matching fund contribution from the district board equal to at least 50% of the grant amount.

(2) The board shall promulgate rules to implement and administer this section, including rules establishing criteria for the awarding of grants.

27,1193 Section 1193 . 38.36 (2) of the statutes is amended to read:

38.36 (2) Any district approved by the board may establish a system to provide the opportunity for authorized elderly persons to participate in its meal program. If a district board desires to establish such a service, it shall develop a plan for the provision of food services for elderly persons and submit the plan to the board. Annually, the board shall notify the department of education public instruction of the approved districts.

27,1194 Section 1194 . 38.36 (6) of the statutes is amended to read:

38.36 (6) The district board may file a claim with the department of education public instruction for reimbursement for reasonable expenses incurred, excluding capital equipment costs, but not to exceed 15% of the cost of the meal or 50 cents per meal, whichever is less. Any cost in excess of the lesser amount may be charged to participants. If the department of education public instruction approves the claim, it shall certify that payment is due and the state treasurer shall pay the claim from the appropriation under s. 20.255 (2) (cn).

27,1195 Section 1195 . 38.36 (7) of the statutes is amended to read:

38.36 (7) All meals served must meet the approval of the board, which shall establish minimum nutritional standards and reasonable expenditure limits consistent with the standards and limits established by the department of education state superintendent of public instruction under s. 115.345 (6). The board shall give special consideration to the dietary problems of elderly persons in formulating a nutritional plan. However, no district board may be required to provide special foods for individual persons with allergies or medical disorders.

27,1195m Section 1195m. 38.38 of the statutes is amended to read:

38.38 Services for handicapped students. A district board may apply to the board for a grant to assist in funding transitional services for handicapped students. The board shall notify district-boards of criteria for the awarding of grants and the amounts of grants to be awarded. The Annually the board shall award grants a grant to each district board, from the appropriation under s. 20.292 (1) (de). Amounts awarded shall range from 25% to 75% of the total project cost, to assist in funding transitional services for handicapped students. Each district board shall receive an amount equal to one-sixteenth of the amount appropriated and shall contribute matching funds equal to 25% of the amount awarded.

27,1196 Section 1196 . 38.51 (title) of the statutes is repealed.

27,1197 Section 1197 . 38.51 (1) (intro.), (b) and (c) of the statutes are renumbered 39.51 (1) (intro.), (b) and (c).

27,1198 Section 1198 . 38.51 (1) (cm) of the statutes is repealed.

27,1199 Section 1199 . 38.51 (1) (d) to (f) of the statutes are renumbered 39.51 (1) (d) to (f).

27,1200 Section 1200 . 38.51 (1) (g) of the statutes is renumbered 39.51 (1) (g) and amended to read:

39.51 (1) (g) “Teaching location" means the area and facilities designated for use by a school required to be approved by the department board under this section.

27,1201 Section 1201 . 38.51 (2) of the statutes is renumbered 39.51 (2) and amended to read:

39.51 (2) Purpose. The purpose of this section the board is to approve schools and courses of instruction for the training of veterans of the armed forces and war orphans receiving assistance from the federal government, protect the general public by inspecting and approving private trade, correspondence, business and technical schools doing business within this state whether located within or outside this state, changes of ownership or control of these schools, teaching locations used by these schools and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.

27,1202 Section 1202 . 38.51 (3) of the statutes is renumbered 39.51 (3) and amended to read:

39.51 (3) Rule-making power. The department board shall promulgate rules and establish standards necessary to carry out the purpose of this section.

27,1203 Section 1203 . 38.51 (6) of the statutes is renumbered 39.51 (6), and 39.51 (6) (a), as renumbered, is amended to read:

39.51 (6) (a) Except as provided in par. (b), the department board shall be the state approval agency for the education and training of veterans and war orphans. It shall approve and supervise schools and courses of instruction for their training under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.

27,1204 Section 1204 . 38.51 (7) of the statutes is renumbered 39.51 (7), and 39.51 (7) (intro.) and (g) to (i), as renumbered, are amended to read:

39.51 (7) Approval of schools generally. (intro.) In order to protect students, prevent fraud and misrepresentation in the sale and advertising of courses and courses of instruction and encourage schools to maintain courses and courses of instruction consistent in quality, content and length with generally accepted educational standards, the department board shall:

(g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the department board and complying with rules promulgated by the department board and publish a list of the schools and courses of instruction approved.

(h) Issue permits to solicitors when all department board requirements have been met.

(i) Require schools to furnish a surety bond in an amount as provided by rule of the department board.

27,1205 Section 1205 . 38.51 (8) (title) of the statutes is renumbered 39.51 (8) (title).

27,1206 Section 1206 . 38.51 (8) (a) of the statutes is renumbered 39.51 (8) (a) and amended to read:

39.51 (8) (a) In general. No solicitor representing any school offering any course or course of instruction shall sell any course or course of instruction or solicit students therefor in this state 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 department board. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.

27,1207 Section 1207 . 38.51 (8) (b) of the statutes is renumbered 39.51 (8) (b) and amended to read:

39.51 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the department board and shall be accompanied by a fee and a surety bond acceptable to the department board in the sum of $2,000. The department board shall, by rule, specify the amount of the fee for a solicitor's permit. Such bond may be continuous and shall be conditioned to provide indemnification to any student suffering loss as the result of any fraud or misrepresentation used in procuring his or her enrollment or as a result of the failure of the school to faithfully perform the agreement made with the student by the solicitor, and may be supplied by the solicitor or by the school itself either as a blanket bond covering each of its solicitors in the amount of $2,000 or the surety bond under sub. (7) (i). Upon approval of a permit, the department board shall issue an identification card to the solicitor giving his or her name and address, the name and address of the employing school, and certifying that the person whose name appears on the card is authorized to solicit students for the school. A permit shall be valid for one year from the date issued. Liability under this paragraph of the surety on the bond for each solicitor covered thereby shall not exceed the sum of $2,000 as an aggregate for any and all students for all breaches of the conditions of the bond. The surety of a bond may cancel the same upon giving 30 days' notice in writing to the department board and thereafter shall be relieved of liability under this paragraph for any breach of condition occurring after the effective date of the cancellation. An application for renewal shall be accompanied by a fee, a surety bond acceptable to the department board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the department board requests of the applicant. The department board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

27,1208 Section 1208 . 38.51 (8) (c) of the statutes is renumbered 39.51 (8) (c), and 39.51 (8) (c) (intro.), 1., 2., 4. and 5., as renumbered, are amended to read:

39.51 (8) (c) Refusal or revocation of permit. (intro.) The department board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

1. Wilful violation of this subsection or any rule promulgated by the department board under this section;

2. Furnishing false, misleading or incomplete information to the department board;

4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the department board;

5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the department board pursuant to sub. (7);

27,1209 Section 1209 . 38.51 (8) (d) to (i) of the statutes are renumbered 39.51 (8) (d) to (i), and 39.51 (8) (d) and (e), as renumbered, are amended to read:

39.51 (8) (d) Notice of refusal to issue or renew permit. Notice of refusal to issue or renew a permit or of the revocation of a permit shall be sent by registered mail to the last address of the applicant or permit holder shown in the records of the department board. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

(e) Request for appearance. Within 20 days of the receipt of notice of the department's board's refusal to issue or renew a permit or of the revocation of a permit, the applicant or holder of the permit may request permission to appear before the department board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the department board shall grant a hearing to the applicant or holder of the permit within 30 days giving that person at least 10 days' notice of the date, time and place.

27,1210 Section 1210 . 38.51 (9) of the statutes is renumbered 39.51 (9), and 39.51 (9) (g) and (h), as renumbered, are amended to read:

39.51 (9) (g) Schools approved by the department of education public instruction for the training of teachers.

(h) Schools accredited by accrediting agencies recognized by the department board.

27,1211 Section 1211 . 38.51 (10) of the statutes is renumbered 39.51 (10), and 39.51 (10) (a), (b) and (c) (intro.) and 1., as renumbered, are amended to read:

39.51 (10) (a) Authority. All proprietary schools shall be examined and approved by the department board before operating in this state. Approval shall be granted to schools meeting the criteria established by the department board for a period not to exceed one year. No school may advertise in this state unless approved by the department board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed and such other information as the department board deems necessary.

(b) Application. Application for initial approval of a school or a course of instruction, approval of a teaching location, change of ownership or control of a school, renewal of approval of a school or reinstatement of approval of a school or course of instruction which has been revoked shall be made on a form furnished by the department board and shall be accompanied by a fee set by the department board under par. (c), and such other information as the department board deems necessary to evaluate the school in carrying out the purpose of this section.

(c) Fees; rule making. (intro.) The department board shall promulgate rules to establish fees. In promulgating rules to establish fees, the department board shall:

1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the department board incurs in examining and approving proprietary schools under this subsection.

27,1212 Section 1212 . 39.11 (5) of the statutes is amended to read:

39.11 (5) Work with the educational agencies and institutions of the state as reviewer, adviser and coordinator of their joint efforts to meet the educational needs of the state through radio and, television and other appropriate technologies.

27,1213 Section 1213 . 39.11 (20) of the statutes is repealed.

27,1213d Section 1213d. 39.11 (21) of the statutes is created to read:

39.11 (21) Operate an emergency weather warning system.

27,1214 Section 1214. 39.13 (2) of the statutes is amended to read:

39.13 (2) The executive director may employ a deputy director, the number of division administrators specified in s. 230.08 (2) (e) and 12 11 professional staff members outside the classified service. Subject to authorization under s. 16.505, the executive director may employ additional professional staff members for development and grant projects outside the classified service or for other purposes within the classified service.

27,1215 Section 1215 . 39.145 of the statutes is repealed.

27,1216 Section 1216 . 39.155 (1) of the statutes is amended to read:

39.155 (1) Subject to sub. (3), all funds appropriated to the medical college of Wisconsin, inc., under s. 20.250 (1) (a) shall be based on a per capita formula for an amount for each Wisconsin resident enrolled at the college who is paying full tuition. A student's qualification as a resident of this state shall be determined by the department of education higher educational aids board in accordance with s. 36.27, so far as applicable.

27,1217 Section 1217 . 39.155 (2) of the statutes is amended to read:

39.155 (2) On or before January 15 and September 15 of each year, the medical college of Wisconsin, inc., shall submit to the department of education higher educational aids board for its approval a list of the Wisconsin residents enrolled at the college who are paying full tuition. The state shall make semiannual payments to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), upon approval of the list. If the appropriation under s. 20.250 (1) (a) is insufficient to pay the amount specified to be disbursed under s. 20.250 (1) (a), the payments shall be disbursed on a prorated basis for each student entitled to such aid. No more than 8 such payments may be made to the medical college of Wisconsin, inc., from the appropriation under s. 20.250 (1) (a), for any individual student.

27,1218 Section 1218 . Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:

CHAPTER 39

SUBCHAPTER III
HIGHER EDUCATIONAL AIDS BOARD

27,1219 Section 1219 . 39.26 of the statutes is amended to read:

39.26 Definition. In this subchapter, “department" “board" means the department of education higher educational aids board.

27,1220 Section 1220 . 39.28 (1) of the statutes is amended to read:

39.28 (1) The department board shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. The department board may accept and use any funds which it receives from participating institutions, lenders or agencies. The department board may enter into such contracts as are necessary to carry out its functions under this subchapter.

27,1221 Section 1221 . 39.28 (2) of the statutes is amended to read:

39.28 (2) The department board shall establish plans to be administered by the department board for participation by this state under any federal acts relating to higher education and submit them to the U.S. commissioner secretary of education for the commissioner's secretary's approval. The department board may utilize such criteria for determination of priorities, participation or purpose as are delineated in the federal acts.