AB150: Bill Text

****Note: This is reconciled s. 38.28 (1m) (a) 1. This Section has been affected by drafts with the following LRB numbers: -0866/3 and -2153/1.

AB150, s. 1813 Section 1813. 38.30 (1) (b) of the statutes is amended to read:

AB150,752,20 38.30 (1) (b) District boards may receive payments from the department of health and social services industry, labor and human relations under s. 47.02 to cover the cost of training for resident and nonresident students who are enrolled in district schools and are veterans ineligible for benefits under par. (a).

AB150, s. 1814 Section 1814. 38.36 (7) of the statutes is amended to read:

AB150,753,5 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 state superintendent department of public instruction education 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.

AB150, s. 1815 Section 1815. 38.51 (title) of the statutes is amended to read:

AB150,753,7 38.51 (title) Educational approval board Proprietary schools.

AB150, s. 1816 Section 1816. 38.51 (1) (a) of the statutes is repealed.

AB150, s. 1817 Section 1817. 38.51 (1) (cm) of the statutes is created to read:

AB150,753,10 38.51 (1) (cm) "Department" means the department of education.

AB150, s. 1818 Section 1818. 38.51 (1) (g) of the statutes is amended to read:

AB150,753,13 38.51 (1) (g) "Teaching location" means the area and facilities designated for use by a school required to be approved by the board department under this section.

AB150, s. 1819 Section 1819. 38.51 (2) of the statutes is amended to read:

AB150,753,23 38.51 (2) Purpose. The purpose of the board this section 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.

AB150, s. 1820 Section 1820. 38.51 (3) of the statutes is amended to read:

AB150,754,2 38.51 (3) Rule-making power. The board department shall promulgate rules and establish standards necessary to carry out its the purpose of this section.

AB150, s. 1821 Section 1821. 38.51 (5) of the statutes is repealed.

AB150, s. 1822 Section 1822. 38.51 (6) (a) of the statutes is amended to read:

AB150,754,9 38.51 (6) (a) Except as provided in par. (b) the board department 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.

AB150, s. 1823 Section 1823. 38.51 (7) (intro.) of the statutes is amended to read:

AB150,754,15 38.51 (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 board department shall:

AB150, s. 1824 Section 1824. 38.51 (7) (g) of the statutes is amended to read:

AB150,754,21 38.51 (7) (g) Approve courses of instruction, schools, changes of ownership or control of schools and teaching locations meeting the requirements and standards established by the board department and complying with rules promulgated by the board department and publish a list of the schools and courses of instruction approved.

AB150, s. 1825 Section 1825. 38.51 (7) (h) of the statutes is amended to read:

AB150,754,24 38.51 (7) (h) Issue permits to solicitors when all board department requirements have been met.

AB150, s. 1826 Section 1826. 38.51 (7) (i) of the statutes is amended to read:

AB150,755,2 38.51 (7) (i) Require schools to furnish a surety bond in an amount as provided by rule of the board department.

AB150, s. 1827 Section 1827. 38.51 (8) (a) of the statutes is amended to read:

AB150,755,9 38.51 (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 board department. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.

AB150, s. 1828 Section 1828. 38.51 (8) (b) of the statutes is amended to read:

AB150,756,9 38.51 (8) (b) Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board department and shall be accompanied by a fee and a surety bond acceptable to the board department in the sum of $2,000. The board department 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 board department 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 board department 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 board department in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board department requests of the applicant. The board department shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.

AB150, s. 1829 Section 1829. 38.51 (8) (c) (intro.) of the statutes is amended to read:

AB150,756,13 38.51 (8) (c) Refusal or revocation of permit. (intro.) The board department may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:

AB150, s. 1830 Section 1830. 38.51 (8) (c) 1. of the statutes is amended to read:

AB150,756,16 38.51 (8) (c) 1. Wilful violation of this subsection or any rule promulgated by the board department under this section;

AB150, s. 1831 Section 1831. 38.51 (8) (c) 2. of the statutes is amended to read:

AB150,756,19 38.51 (8) (c) 2. Furnishing false, misleading or incomplete information to the board department;

AB150, s. 1832 Section 1832. 38.51 (8) (c) 4. of the statutes is amended to read:

AB150,756,23 38.51 (8) (c) 4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board department;

AB150, s. 1833 Section 1833. 38.51 (8) (c) 5. of the statutes is amended to read:

AB150,757,3 38.51 (8) (c) 5. Failure of the school which the solicitor represents to meet requirements and standards established by and to comply with rules promulgated by the board department pursuant to sub. (7);

AB150, s. 1834 Section 1834. 38.51 (8) (d) of the statutes is amended to read:

AB150,757,9 38.51 (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 board department. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.

AB150, s. 1835 Section 1835. 38.51 (8) (e) of the statutes is amended to read:

AB150,757,17 38.51 (8) (e) Request for appearance. Within 20 days of the receipt of notice of the board's department'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 board department in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request the board department 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.

AB150, s. 1836 Section 1836. 38.51 (9) (h) of the statutes is amended to read:

AB150,757,20 38.51 (9) (h) Schools accredited by accrediting agencies recognized by the board department.

AB150, s. 1837 Section 1837. 38.51 (10) (a) of the statutes is amended to read:

AB150,758,4 38.51 (10) (a) Authority. All proprietary schools shall be examined and approved by the board department before operating in this state. Approval shall be granted to schools meeting the criteria established by the board department for a period not to exceed one year. No school may advertise in this state unless approved by the board department. 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 board department deems necessary.

AB150, s. 1838 Section 1838. 38.51 (10) (b) of the statutes is amended to read:

AB150,758,12 38.51 (10) (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 board department and shall be accompanied by a fee set by the board department under par. (c), and such other information as the board department deems necessary to evaluate the school in carrying out the purpose of this section.

AB150, s. 1839 Section 1839. 38.51 (10) (c) (intro.) of the statutes is amended to read:

AB150,758,16 38.51 (10) (c) Fees; rule making. (intro.) The board department shall promulgate rules to establish fees. In promulgating rules to establish fees, the board department shall:

AB150, s. 1840 Section 1840. 38.51 (10) (c) 1. of the statutes is amended to read:

AB150,758,20 38.51 (10) (c) 1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board department incurs in examining and approving proprietary schools under this subsection.

AB150, s. 1841 Section 1841. 39.11 (7) of the statutes is renumbered 16.991 (1) (b) and amended to read:

AB150,758,25 16.991 (1) (b) Lease, purchase or construct radio and television facilities for joint use, such as network interconnection or relay equipment, mobile units, or other equipment available for statewide use;.

AB150, s. 1842 Section 1842. 39.11 (8) of the statutes is renumbered 16.991 (1) (c) and amended to read:

AB150,759,5 16.991 (1) (c) Apply for, construct and operate radio and television transmission equipment in order to provide broadcast service to all areas of this state;.

AB150, s. 1843 Section 1843. 39.11 (11) of the statutes is amended to read:

AB150,759,11 39.11 (11) If Jointly with the department of administration, if appropriate funds are made available, file applications after appropriate engineering studies and feasibility surveys for the construction and operation of noncommercial educational radio and television transmitters in the vicinities of Wausau, Colfax, La Crosse and Appleton and translators in the Platteville and Ashland area.

AB150, s. 1844 Section 1844. 39.11 (12) of the statutes is renumbered 16.991 (1) (e) and amended to read:

AB150,759,19 16.991 (1) (e) Establish and operate, as soon as practicable, an interconnection between the broadcast facilities and higher education campuses to facilitate statewide use of closed circuit and broadcast radio and television for educational purposes. Additional facilities may be authorized by the educational communications board department if deemed necessary and if funds are available for such purposes.

AB150, s. 1845 Section 1845. 39.115 (3) of the statutes is created to read:

AB150,759,24 39.115 (3) Enter into a contract with any state agency, county, cooperative educational service agency, technical college district, municipality or school district for the educational communications board to furnish engineering and other services related to the construction or operation of telecommunications facilities.

AB150, s. 1846 Section 1846. 39.115 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 16.991 (2) (c) and amended to read:

AB150,760,7 16.991 (2) (c) Enter into a contract with any state agency, county, cooperative educational service agency, technical college district, municipality or school district for the educational communications board department to furnish engineering and other services related to the construction or operation of telecommunications facilities.

AB150, s. 1847 Section 1847. 39.13 (2) of the statutes is amended to read:

AB150,760,14 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.

AB150, s. 1848 Section 1848. 39.14 (1) of the statutes is amended to read:

AB150,760,20 39.14 (1) The educational communications board may enter into an affiliation agreement with broadcast radio and television licensees for the purpose of furthering its responsibilities under s. 39.11 (2), (4), (7), (13) and (14). An affiliation agreement shall include the minimum amount of programming of the Wisconsin educational radio or television network to be carried by the affiliated radio and television station.

AB150, s. 1849 Section 1849. 39.14 (3) of the statutes is amended to read:

AB150,761,2 39.14 (3) Any nonprofit affiliated licensee of the Wisconsin educational radio or television network shall be required to submit to the educational communications board and the department of administration an annual report of their the licensee's operating and capital budgets, plans for future development and expansion, and schedules of weekly broadcast programming, and all other information deemed reasonable and appropriate by the contracting parties.

AB150, s. 1850 Section 1850. 39.14 (4) of the statutes is amended to read:

AB150,761,6 39.14 (4) The educational communications board shall , jointly with the department of administration, negotiate an affiliation agreement under s. 36.25 (5) with the university of Wisconsin system.

AB150, s. 1851 Section 1851. 39.155 (1) of the statutes is amended to read:

AB150,761,12 39.155 (1) All 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 higher educational aids board in accordance with s. 36.27, so far as applicable.

AB150, s. 1852 Section 1852. 39.155 (3) of the statutes is amended to read:

AB150,761,21 39.155 (3) The medical college of Wisconsin, inc., may not assess tuition for a Wisconsin resident enrolled at the college in an amount that exceeds the difference between the tuition assessed a nonresident student enrolled at the college and the amount disbursed under s. 20.250 (1) (a) for each Wisconsin resident enrolled at the college. This subsection applies only to students enrolled in the class entering the college in the 1986-87 academic year and thereafter for whom payments are made to the Medical College of Wisconsin, Inc., from the appropriation under s. 20.250 (1) (a).

AB150, s. 1853 Section 1853. Subchapter III (title) of chapter 39 [precedes 39.26] of the statutes is amended to read:

AB150,761,24 CHAPTER 39

AB150,762,2 SUBCHAPTER III HIGHER EDUCATIONAL AIDS BOARD

AB150, s. 1854 Section 1854. 39.26 of the statutes is amended to read:

AB150,762,5 39.26 Definition. In this subchapter, "board" "department" means the higher educational aids board department of education.

AB150, s. 1855 Section 1855. 39.27 of the statutes is amended to read:

AB150,762,9 39.27 Council on financial aids. The council on financial aids shall advise the executive secretary of the board education on matters pertaining to the state's student financial aids programs.

AB150, s. 1856 Section 1856. 39.28 (1) and (2) of the statutes are amended to read:

AB150,762,15 39.28 (1) The board department shall administer the programs under this subchapter and may promulgate such rules as are necessary to carry out its functions. It The department may accept and use any funds which it receives from participating institutions, lenders or agencies. It The department may enter into such contracts as are necessary to carry out its functions under this subchapter.