SB174-SSA1, s. 28
5Section
28. 38.50 (1) (e) 3. of the statutes is renumbered 37.01 (6) (c) and
6amended to read:
SB174-SSA1,11,97
37.01
(6) (c)
Schools A school offering only programs that are of a parochial or
8denominational character
offering courses having, that have a sectarian objective
,
9and that are limited to use in the ministry of a religion, as determined by the board.
SB174-SSA1, s. 29
10Section
29. 38.50 (1) (e) 4. of the statutes is renumbered 37.01 (6) (d) and
11amended to read:
SB174-SSA1,11,1412
37.01
(6) (d)
Schools primarily offering instruction A school offering a program
13that is avocational or recreational in nature and
not leading to that does not have a
14vocational objective.
SB174-SSA1, s. 30
15Section
30. 38.50 (1) (e) 5. of the statutes is renumbered 37.01 (6) (e) and
16amended to read:
SB174-SSA1,11,1917
37.01
(6) (e)
Courses conducted by
A school that only offers programs to 18employers
exclusively for
the exclusive use of their employees
and without charge to
19those employees.
SB174-SSA1, s. 32
21Section
32. 38.50 (1) (e) 7. of the statutes is renumbered 37.01 (6) (f) and
22amended to read:
SB174-SSA1,11,2423
37.01
(6) (f) Schools approved
or accepted by the department of public
24instruction for the training of teachers
as provided in s. 37.30 (3) (b).
SB174-SSA1, s. 34
1Section
34. 38.50 (1) (f) of the statutes is renumbered 37.01 (5) and amended
2to read:
SB174-SSA1,12,63
37.01
(5) "Solicitor" "Representative" means a person employed by or
4representing a school
located either within or outside this state that who, in places
5other than
the actual business premises of the school, personally attempts to secure
6the enrollment of a student in the school.
SB174-SSA1, s. 35
7Section
35. 38.50 (1) (g) of the statutes is renumbered 37.01 (7) and amended
8to read:
SB174-SSA1,12,109
37.01
(7) "Teaching location" means the area and facilities designated for use
10by a school
that are required to be approved by the board under this
section chapter.
SB174-SSA1, s. 36
11Section
36. 38.50 (2) of the statutes is renumbered 37.10 (intro.) and amended
12to read:
SB174-SSA1,12,16
1337.10 Responsibilities Purposes. (intro.) The
board shall
purposes of the
14board are to protect the general public
by inspecting and to support quality
15educational options. The board shall accomplish those purposes by doing all of the
16following:
SB174-SSA1,12,22
17(1) Evaluating and approving
private trade, correspondence, business, and 18technical schools doing business within this state, whether located within or outside
19this state, changes of ownership or control of the schools, teaching locations used by
20the schools, and courses of instruction offered by the schools and regulate the
21soliciting of students for correspondence or classroom courses and courses of
22instruction offered by the schools.
SB174-SSA1, s. 37
23Section
37. 38.50 (3) of the statutes is renumbered 37.25 and amended to read:
SB174-SSA1,12,25
2437.25 Rule-making power. The board shall promulgate rules and establish
25standards necessary to administer this
section chapter.
SB174-SSA1, s. 38
1Section
38. 38.50 (5) of the statutes is renumbered 37.20 and amended to read:
SB174-SSA1,13,7
237.20 Employees, quarters. The board shall employ a person to perform the
3duties of an executive
secretary director and any other persons under the classified
4service that may be necessary to carry out the board's
responsibilities purposes. The
5person performing the duties of the executive
secretary director shall be in charge
6of the administrative functions of the board.
The board shall, to the maximum extent
7practicable, keep its office with the technical college system board.
SB174-SSA1, s. 39
8Section
39. 38.50 (7) (intro.) of the statutes is renumbered 37.35 (intro.) and
9amended to read:
SB174-SSA1,13,16
1037.35 Approval of schools generally Responsibilities. (intro.) To
protect
11students, prevent fraud and misrepresentation in the sale and advertising of courses
12and courses of instruction, and encourage schools to maintain courses and courses
13of instruction consistent in quality, content, and length with
hold schools accountable
14for achieving satisfactory student outcomes and to ensure that programs meet
15generally accepted educational
, occupational, and industry standards, the board
16shall do all of the following:
SB174-SSA1, s. 40
17Section
40. 38.50 (7) (a) of the statutes is renumbered 37.35 (1) and amended
18to read:
SB174-SSA1,13,2119
37.35
(1) Investigate Evaluate the adequacy of
courses and courses of
20instruction programs offered by schools to residents of this state
and establish
21minimum standards for those courses of instruction.
SB174-SSA1, s. 42
23Section
42. 38.50 (7) (c) of the statutes is renumbered 37.35 (6) and amended
24to read:
SB174-SSA1,14,3
137.35
(6) Establish
rules, standards
, and criteria to prevent fraud and
2misrepresentation in the sale and advertising of
courses and courses of instruction 3programs.
SB174-SSA1, s. 43
4Section
43. 38.50 (7) (d) of the statutes is renumbered 37.35 (5) and amended
5to read:
SB174-SSA1,14,86
37.35
(5) Promulgate rules restricting
Prescribe restrictions on the
7negotiability of promissory instruments received by schools in payment of
tuition
8and other charges fees.
SB174-SSA1, s. 44
9Section
44. 38.50 (7) (e) of the statutes is renumbered 37.35 (7) and amended
10to read:
SB174-SSA1,14,1311
37.35
(7) Establish minimum standards for refund of the unused portion of
12tuition, fees
, and other charges if a student does not enter a
course or course of
13instruction program or withdraws or is discontinued from the
course program.
SB174-SSA1, s. 45
14Section
45. 38.50 (7) (f) of the statutes is renumbered 37.35 (3) (intro.) and
15amended to read:
SB174-SSA1,14,1916
37.35
(3) (intro.) Require
schools offering courses and courses of instruction to
17residents of this state to furnish a school, prior to enrolling a student who is a
18resident of this state, to provide the student with a catalog that includes information
19concerning
their all of the following:
SB174-SSA1,14,20
20(a) The school's mission, facilities,
curricula, programs, and instructors
,.
SB174-SSA1,14,22
21(b) The school's policies concerning enrollment
policies, tuition and other
22charges and and admissions, academic progress, and student conduct.
SB174-SSA1,14,24
23(f) The school's fees, refund policies, and policies concerning negotiability of
24promissory instruments received in payment of
tuition and other charges fees.
SB174-SSA1, s. 46
1Section
46. 38.50 (7) (g) of the statutes is renumbered 37.30 (1) and amended
2to read:
SB174-SSA1,15,83
37.30
(1) Approve courses of instruction, Subject to subs. (2) and (3), the board
4shall approve schools,
programs, changes of ownership or control of schools,
and 5teaching locations
meeting, and representatives that meet the requirements and
6standards established by the board and
complying
that comply with rules
7promulgated by the board
and publish a list of the schools and courses of instruction
8approved.
SB174-SSA1, s. 47
9Section
47. 38.50 (7) (h) of the statutes is renumbered 37.35 (4) and amended
10to read:
SB174-SSA1,15,1311
37.35
(4) Issue Regulate the recruiting of students for programs offered by
12schools and issue permits to
solicitors representatives when all board requirements
13have been met.
SB174-SSA1, s. 48
14Section
48. 38.50 (7) (i) of the statutes is renumbered 37.35 (9).
SB174-SSA1, s. 49
15Section
49. 38.50 (8) (title) of the statutes is renumbered 37.60 (title) and
16amended to read:
SB174-SSA1,15,17
1737.60 (title)
Soliciting
Recruitment of students.
SB174-SSA1, s. 50
18Section
50. 38.50 (8) (a) of the statutes is renumbered 37.60 (1) and amended
19to read:
SB174-SSA1,16,220
37.60
(1) In general. No
solicitor representing any school offering any course
21or course of instruction shall sell any course or course of instruction or solicit
22students for a course or course of instruction representative may sell any program
23or recruit any student for a program in this state for a consideration or remuneration,
24except upon the actual business premises of the school, unless the
solicitor 25representative first secures a
solicitor's representative's permit from the board. If
1the
solicitor representative represents more than one school, a separate permit shall
2be obtained for each school the
solicitor representative represents.
SB174-SSA1, s. 51
3Section
51. 38.50 (8) (b) of the statutes is renumbered 37.60 (2) and amended
4to read:
SB174-SSA1,17,55
37.60
(2) Solicitor's
Representative's permit. The application for a
solicitor's 6representative's permit shall be made on a form furnished by the board and shall be
7accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000.
8The board shall, by rule, specify the amount of the fee for a
solicitor's representative's 9permit. The bond may be continuous and shall be conditioned to provide
10indemnification to any student suffering loss as the result of any fraud or
11misrepresentation used in procuring his or her enrollment or as a result of the failure
12of the school to perform faithfully the agreement the
solicitor representative made
13with the student, and may be supplied by the
solicitor
representative or by the school
14itself either as a blanket bond covering each of its
solicitors representatives in the
15amount of $2,000 or the surety bond under
sub. (7) (i)
s. 37.35 (9). Upon approval of
16a permit, the board shall issue an identification card to the
solicitor representative 17giving his or her name and address
, and the name and address of the employing
18school
, and certifying that the person whose name appears on the card is authorized
19to
solicit recruit students for the school. A permit shall be valid for one year from the
20date issued. Liability under this
paragraph subsection of the surety on the bond for
21each
solicitor representative covered by the bond shall not exceed the sum of $2,000
22as an aggregate for any and all students for all breaches of the conditions of the bond.
23The surety of a bond may cancel the bond upon giving 30 days' notice in writing to
24the board and shall be relieved of liability under this
paragraph subsection upon
25giving the notice for any breach of condition occurring after the effective date of the
1cancellation. An application for renewal shall be accompanied by a fee, a surety bond
2acceptable to the board in the sum of $2,000 if a continuous bond has not been
3furnished, and such information as the board requests of the applicant. The board
4shall, by rule, specify the amount of the fee for renewal of a
solicitor's representative's 5permit.
SB174-SSA1, s. 52
6Section
52. 38.50 (8) (c) (intro.) of the statutes is renumbered 37.60 (3) (intro.)
7and amended to read:
SB174-SSA1,17,108
37.60
(3) Refusal or revocation of permit. (intro.) The board may refuse to
9issue or renew, or may revoke, any
solicitor's representative's permit upon one or any
10combination of the following grounds:
SB174-SSA1, s. 53
11Section
53. 38.50 (8) (c) 1. of the statutes is renumbered 37.60 (3) (a) and
12amended to read:
SB174-SSA1,17,1413
37.60
(3) (a) Willful violation of this
subsection section or any rule promulgated
14by the board under this
section chapter.
SB174-SSA1, s. 54
15Section
54. 38.50 (8) (c) 2. of the statutes is renumbered 37.60 (3) (b).
SB174-SSA1, s. 55
16Section
55. 38.50 (8) (c) 3. of the statutes is renumbered 37.60 (3) (c) and
17amended to read:
SB174-SSA1,17,2018
37.60
(3) (c) Presenting information to prospective students relating to the
19school
, a course, or a course of instruction or a program that is false, fraudulent, or
20misleading.
SB174-SSA1, s. 56
21Section
56. 38.50 (8) (c) 4. of the statutes is renumbered 37.60 (3) (d) and
22amended to read:
SB174-SSA1,17,2423
37.60
(3) (d) Refusal by the school to be represented to allow reasonable
24inspection or to supply information after written request
therefor by the board.
SB174-SSA1, s. 57
1Section
57. 38.50 (8) (c) 5. of the statutes is renumbered 37.60 (3) (e) and
2amended to read:
SB174-SSA1,18,53
37.60
(3) (e) Failure of the school which the
solicitor representative represents
4to meet requirements and standards established by and to comply with rules
5promulgated by the board under
sub. (7) s. 37.25.
SB174-SSA1, s. 58
6Section
58. 38.50 (8) (c) 6. of the statutes is renumbered 37.60 (3) (f) and
7amended to read:
SB174-SSA1,18,88
37.60
(3) (f) Cancellation of the
solicitor's representative's bond by surety.
SB174-SSA1, s. 59
9Section
59. 38.50 (8) (c) 7. of the statutes is renumbered 37.60 (3) (g).
SB174-SSA1, s. 60
10Section
60. 38.50 (8) (d) of the statutes is renumbered 37.60 (4).
SB174-SSA1, s. 61
11Section
61. 38.50 (8) (e) of the statutes is renumbered 37.60 (5).
SB174-SSA1, s. 62
12Section
62. 38.50 (8) (f) of the statutes is renumbered 37.60 (6) and amended
13to read:
SB174-SSA1,18,1714
37.60
(6) Recovery by students. The bond in force under
par. (b) sub. (2) shall
15not limit or impair any right of recovery otherwise available under law, nor shall the
16amount of the bond be relevant in determining the amount of damages or other relief
17to which any plaintiff may be entitled.
SB174-SSA1, s. 63
18Section
63. 38.50 (8) (g) of the statutes is renumbered 37.60 (7) and amended
19to read:
SB174-SSA1,18,2520
37.60
(7) Recovery on contracts. No recovery shall be had by any school or
21its assignee on any contract for or in connection with a
course or course of instruction 22program if the representative who sold
or solicited the course the program or
23recruited the student for the program was not the holder of a
solicitor's 24representative's permit under this
subsection section at the time of the sale or
25solicitation recruitment.
SB174-SSA1, s. 67
4Section
67. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended
5to read:
SB174-SSA1,19,226
37.40
(1) Authority. Approval. All proprietary schools shall be examined and 7No school may operate or advertise in this state, offer a program to a resident of this
8state, change its ownership or control, or establish a teaching location, and no person
9may act as a representative, unless the school or representative is first approved by
10the board
before operating in this state. Approval shall be granted to schools meeting
11the criteria. If a school, program, change in ownership or control, teaching location,
12or representative meets the requirements and standards established by the board
13and complies with rules promulgated by the board, the board shall approve the
14school, program, change in ownership or control, teaching location, or
15representative. Approval for a school, program, teaching location, or representative
16shall be for a period not to exceed one year.
No school may advertise in this state
17unless approved by the board. All approved schools shall submit quarterly reports,
18including information on enrollment, number of teachers and their qualifications,
19course offerings, number of graduates, number of graduates successfully employed,
20and such other information as the board considers necessary. If a school closure
21results in losses to students, parents, or sponsors, the board may authorize the full
22or partial payment of those losses from the appropriation under s. 20.292 (2) (gm).
SB174-SSA1, s. 68
23Section
68. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended
24to read:
SB174-SSA1,20,11
137.40
(2) Application. Application for initial approval
or renewal of approval 2of a school or
a course of instruction, approval of a teaching location, change of
3ownership, or control of a school, renewal of approval of a school or program, approval
4of a substantially revised program, reinstatement of approval of a school
or course
5of instruction that whose approval has been revoked
, approval of a teaching location,
6approval of a change of ownership or control of a school, or approval of a
7representative shall be made on a form furnished by the board and shall be
8accompanied by a fee set by the board under
par. (c)
sub. (3) and any other
9information
as that the board considers necessary to evaluate the school
, program,
10teaching location, change of ownership or control, or representative in carrying out
11the purpose of this
section chapter.
SB174-SSA1, s. 69
12Section
69. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title)
13and amended to read:
SB174-SSA1,20,1414
37.40
(3) (title)
Fees; rule making.
SB174-SSA1, s. 70
15Section
70. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3)
16(intro.).
SB174-SSA1, s. 71
17Section
71. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and
18amended to read:
SB174-SSA1,20,2119
37.40
(3) (a) Require that the amount of fees collected under this
paragraph 20subsection be sufficient to cover all costs that the board incurs in examining and
21approving
proprietary schools under
this subsection sub. (1).
SB174-SSA1, s. 72
22Section
72. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and
23amended to read:
SB174-SSA1,20,2524
37.40
(3) (b) Give consideration to establishing a variable fee structure based
25on the size of a
proprietary school.
SB174-SSA1, s. 73
1Section
73. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and
2amended to read:
SB174-SSA1,21,33
37.40
(3) (c) Specify a fee to accompany all applications under
par. (b) sub. (2).
SB174-SSA1, s. 74
4Section
74. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).
SB174-SSA1, s. 75
5Section
75. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and
6amended to read:
SB174-SSA1,21,97
37.40
(4) Limit on student protection fee. The board shall discontinue
8collecting annual student protection fees under
par. (c) 4. sub. (3) (d) during the
9period that the balance in the fund created by those fees exceeds $1,000,000.
SB174-SSA1, s. 76
10Section
76. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended
11to read:
SB174-SSA1,21,1512
37.50
(2) Enforcement. The attorney general or any district attorney may
13bring an action in circuit court for the enforcement of this
subsection chapter,
14including bringing an action to restrain by temporary or permanent injunction any
15violation of
par. (a) this chapter.