Amendment ASA1-AB100

AB100-ASA1, s. 911 Section 911. 38.51 (title) of the statutes is repealed.

AB100-ASA1, s. 912 Section 912. 38.51 (1) (intro.), (b) and (c) of the statutes are renumbered 39.51 (1) (intro.), (b) and (c).

AB100-ASA1, s. 913 Section 913. 38.51 (1) (cm) of the statutes is repealed.

AB100-ASA1, s. 914 Section 914. 38.51 (1) (d) to (f) of the statutes are renumbered 39.51 (1) (d) to (f).

AB100-ASA1, s. 915 Section 915. 38.51 (1) (g) of the statutes is renumbered 39.51 (1) (g) and amended to read:

AB100-ASA1,568,21 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.

AB100-ASA1, s. 916 Section 916. 38.51 (2) of the statutes is renumbered 39.51 (2) and amended to read:

AB100-ASA1,569,7 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.

AB100-ASA1, s. 917 Section 917. 38.51 (3) of the statutes is renumbered 39.51 (3) and amended to read:

AB100-ASA1,569,11 39.51 (3) Rule-making power. The department board shall promulgate rules and establish standards necessary to carry out the purpose of this section.

AB100-ASA1, s. 918 Section 918. 38.51 (6) of the statutes is renumbered 39.51 (6), and 39.51 (6) (a), as renumbered, is amended to read:

AB100-ASA1,569,18 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.

AB100-ASA1, s. 919 Section 919. 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:

AB100-ASA1,569,25 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:

AB100-ASA1,570,4 (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.

AB100-ASA1,570,6 (h) Issue permits to solicitors when all department board requirements have been met.

AB100-ASA1,570,8 (i) Require schools to furnish a surety bond in an amount as provided by rule of the department board.

AB100-ASA1, s. 920 Section 920. 38.51 (8) (title) of the statutes is renumbered 39.51 (8) (title).

AB100-ASA1, s. 921 Section 921. 38.51 (8) (a) of the statutes is renumbered 39.51 (8) (a) and amended to read:

AB100-ASA1,570,17 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.

AB100-ASA1, s. 922 Section 922. 38.51 (8) (b) of the statutes is renumbered 39.51 (8) (b) and amended to read:

AB100-ASA1,571,18 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.

AB100-ASA1, s. 923 Section 923. 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:

AB100-ASA1,571,23 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:

AB100-ASA1,571,25 1. Wilful violation of this subsection or any rule promulgated by the department board under this section;

AB100-ASA1,572,2 2. Furnishing false, misleading or incomplete information to the department board;

AB100-ASA1,572,4 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the department board;

AB100-ASA1,572,7 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);

AB100-ASA1, s. 924 Section 924. 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:

AB100-ASA1,572,14 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.

AB100-ASA1,572,21 (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.

AB100-ASA1, s. 925 Section 925. 38.51 (9) of the statutes is renumbered 39.51 (9), and 39.51 (9) (g) and (h), as renumbered, are amended to read:

AB100-ASA1,572,25 39.51 (9) (g) Schools approved by the department of education public instruction for the training of teachers.

AB100-ASA1,573,2 (h) Schools accredited by accrediting agencies recognized by the department board.

AB100-ASA1, s. 926 Section 926. 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:

AB100-ASA1,573,12 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.

AB100-ASA1,573,19 (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.

AB100-ASA1,573,21 (c) Fees; rule making. (intro.) The department board shall promulgate rules to establish fees. In promulgating rules to establish fees, the department board shall:

AB100-ASA1,573,24 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.

AB100-ASA1, s. 927 Section 927. 39.11 (5) of the statutes is amended to read:

AB100-ASA1,574,3 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.

AB100-ASA1, s. 928 Section 928. 39.11 (20) of the statutes is repealed.

AB100-ASA1, s. 1213d Section 1213d. 39.11 (21) of the statutes is created to read:

AB100-ASA1,574,6 39.11 (21) Operate an emergency weather warning system.

AB100-ASA1, s. 929 Section 929. 39.13 (2) of the statutes is amended to read:

AB100-ASA1,574,13 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.

AB100-ASA1, s. 930 Section 930. 39.145 of the statutes is repealed.

AB100-ASA1, s. 931 Section 931. 39.155 (1) of the statutes is amended to read:

AB100-ASA1,574,21 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.

AB100-ASA1, s. 932 Section 932. 39.155 (2) of the statutes is amended to read:

AB100-ASA1,575,7 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.

AB100-ASA1, s. 933 Section 933. Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:

AB100-ASA1,575,10 CHAPTER 39

AB100-ASA1,575,12 SUBCHAPTER III HIGHER EDUCATIONAL AIDS BOARD

AB100-ASA1, s. 934 Section 934. 39.26 of the statutes is amended to read:

AB100-ASA1,575,15 39.26 Definition. In this subchapter, "department" "board" means the department of education higher educational aids board.

AB100-ASA1, s. 935 Section 935. 39.28 (1) of the statutes is amended to read:

AB100-ASA1,575,22 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.

AB100-ASA1, s. 936 Section 936. 39.28 (2) of the statutes is amended to read:

AB100-ASA1,576,4 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.

AB100-ASA1, s. 937 Section 937. 39.28 (3) of the statutes is created to read:

AB100-ASA1,576,8 39.28 (3) (a) In its biennial report under s. 15.04 (1) (d), the board also shall include recommendations for improvement of the state's student financial aid programs.

AB100-ASA1,576,12 (b) On January 1 and July 1, the board shall report to the joint committee on finance and the joint legislative audit committee on the board's loan collection activities and efforts to develop collection policies to improve program performance through changes in data processing and program review.

AB100-ASA1, s. 938 Section 938. 39.28 (4) of the statutes is amended to read:

AB100-ASA1,576,15 39.28 (4) The department board may assign, sell, convey or repurchase student loans made under s. 39.32 subject to prior approval by the joint committee on finance.

AB100-ASA1, s. 939 Section 939. 39.285 of the statutes is amended to read:

AB100-ASA1,576,21 39.285 (title) Education commission Board review of proposed formulae. (1) By May 1, 1996 1998, and annually thereafter, the education commission board shall approve, modify or disapprove any proposed formula for the awarding of grants for the upcoming academic year submitted under sub. (2) or s. 36.11 (6) (c) or 38.04 (7m).

AB100-ASA1,577,2 (2) By April 10, 1996 1998, and annually thereafter, the Wisconsin Association of Independent Colleges and Universities shall develop and submit to the education commission board for its review under sub. (1) a proposed formula for the awarding of grants under s. 39.30 for the upcoming academic year to students enrolled at private institutions of higher education.

AB100-ASA1, s. 940 Section 940. 39.29 of the statutes is created to read:

AB100-ASA1,577,5 39.29 Executive secretary. An executive secretary shall be appointed by the governor to serve at his or her pleasure.

AB100-ASA1, s. 941 Section 941. 39.30 (2) (e) of the statutes is amended to read:

AB100-ASA1,577,10 39.30 (2) (e) The department board may not make a grant to a student if the department board receives a certification under s. 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB100-ASA1, s. 942 Section 942. 39.30 (2) (f) of the statutes is amended to read:

AB100-ASA1,577,14 39.30 (2) (f) No grants may be awarded under this section unless the applicable formula submitted under s. 39.285 (2) is approved or modified by the education commission board under s. 39.285 (1).

AB100-ASA1, s. 943 Section 943. 39.30 (3) (e) of the statutes is amended to read:

AB100-ASA1,577,18 39.30 (3) (e) The department board shall establish criteria for the treatment of financially independent students which are consistent with procedures in pars. (a) to (d).

AB100-ASA1, s. 944 Section 944. 39.30 (3) (f) of the statutes is amended to read:

AB100-ASA1,577,23 39.30 (3) (f) The department board may not make initial awards of grants under this section for an academic year in an amount that exceeds 122% of the amount appropriated under s. 20.235 (1) (b) for the fiscal year in which the grant may be paid.

AB100-ASA1, s. 945 Section 945. 39.30 (4) of the statutes is amended to read:

AB100-ASA1,578,4 39.30 (4) Forms. The department board shall prescribe, furnish and make available, at locations in the state convenient to the public, application forms for grants under this section. Upon request, the department board shall advise and assist applicants in making out such forms.

AB100-ASA1, s. 946 Section 946. 39.31 (intro.) of the statutes is amended to read:

AB100-ASA1,578,9 39.31 Determination of student costs. (intro.) In determining a student's total cost of attending a postsecondary institution for the purpose of calculating the amount of a grant under s. 39.30, 39.38, 39.435 or 39.44, the department board shall include the following:

AB100-ASA1, s. 947 Section 947. 39.31 (2) of the statutes is amended to read:

AB100-ASA1,578,11 39.31 (2) Miscellaneous expenses, as determined by the department board.

AB100-ASA1, s. 948 Section 948. 39.31 (3) of the statutes is amended to read:

AB100-ASA1,578,13 39.31 (3) The cost of child care, as determined by the department board.

AB100-ASA1, s. 949 Section 949. 39.32 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,578,15 39.32 (2) (intro.) The department board shall:

AB100-ASA1, s. 950 Section 950. 39.32 (3) (intro.) of the statutes is amended to read: