AB281: Bill Text

1. Purposes. Specifies that the purposes of the EAB are to protect the general public and to support quality educational options and requires the EAB to accomplish those purposes by doing all of the following:

a. Evaluating and approving schools, which the bill redefines to mean, subject to certain exceptions, any individual, partnership, association, corporation, or limited liability company, whether located within or outside this state, that offers, maintains, provides, or conducts for a fee a course of study that provides practical or academic instruction, education, or training leading to a diploma, certificate, or other indicia that a student has acquired knowledge or skills (program), including any private trade, technical, career, distance learning, or degree-granting school.

b. Collecting and disseminating outcome and satisfaction information for the students of schools.

c. Performing annual reviews of schools.

d. Conducting regular on-site evaluations of schools.

e. Holding schools accountable for improving their performance and effectiveness.

f. Supporting options for innovative and quality programs offered by schools.

2. Accountability. Requires the EAB to develop, periodically review, and, if appropriate, revise a strategic plan that includes specific goals, objectives, and measurable results and to use the strategic plan to evaluate annually its performance and effectiveness.

3. Authority. Requires the EAB to approve schools, programs, changes of ownership or control of schools, teaching locations used by schools, and school representatives who, in places other than a school, attempt to secure the enrollment of students in the school that meet the requirements and standards established by the EAB and that comply with rules promulgated by the EAB.

4. Responsibility. Requires the EAB to perform certain actions to hold schools accountable for achieving satisfactory student outcomes and to ensure that programs meet generally accepted educational, occupational, and industry standards, including establishing standards and criteria for approving schools offering programs that are delivered primarily by distance learning and requiring a school, prior to enrolling a student who is a resident of this state, to provide the student with a catalog that includes information about the following:

a. The school's mission, facilities, programs, and instructors.

b. The school's policies concerning enrollment and admissions, academic progress, and student conduct.

c. Student services, including employment assistance services, the school provides.

d. The school's complaint procedures.

e. Student outcome and satisfaction information.

f. The school's fees, refund policies, and policies concerning the negotiability of promissory instruments received in payment of fees.

g. Any other information the EAB considers necessary to hold schools accountable for achieving satisfactory student outcomes and to ensure that programs meet generally accepted educational, occupational, and industry standards.

5. Reporting. Requires an approved school to submit annually to the EAB all of the following:

a. Information about the school as prescribed by the EAB, including a current school catalog, an enrollment contract, if one is used, copies of advertising used by the school, and financial information as the EAB considers necessary.

b. Student satisfaction and outcome information, including information on the number of students from the prior year who are continuing in the current year, the number of new students starting in the current year, the number of students who have dropped out or withdrawn since the prior year, the number of students who are anticipated to continue next year, the number of students completing a program, the number of completers successfully employed, and such other information as the EAB considers necessary.

c. A report on the school's progress in achieving the goals of its institutional plan.

6. Recruiting. Deletes, effective 24 months after the date of publication of the bill, the statutory provisions relating to solicitor's permits, but retains among the responsibilities of EAB regulation of the recruiting of students and the issuing of permits to school representatives.

7. Student protection fund. Permits the EAB to pursue any legal action it considers necessary to recover any losses paid from the student protection fund.

8. Student records. Eliminates the authority of WAICU to take possession of the student records of a school that has discontinued its operations, is proposing to discontinue its operations, or is in imminent danger of discontinuing its operations.

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:

AB281, s. 1 Section 1. 20.292 (2) (g) of the statutes is amended to read:

AB281,5,2 20.292 (2) (g) Proprietary Approval of school programs. The amounts in the schedule for the examination and approval of proprietary school programs under ch. 37. Ninety percent of all moneys received from the issuance of solicitor's representative's permits under s. 38.50 (8) 37.60 and from the fees under s. 38.50 (10) 37.40 (3) (c) shall be credited to this appropriation account.

AB281, s. 2 Section 2. 20.292 (2) (g) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed and recreated to read:

AB281,5,8 20.292 (2) (g) Approval of school programs. The amounts in the schedule for the examination and approval of school programs under ch. 37. Ninety percent of all moneys received from the fees under s. 37.40 (3) (c) shall be credited to this appropriation account.

AB281, s. 3 Section 3. 20.292 (2) (gm) of the statutes is amended to read:

AB281,5,15 20.292 (2) (gm) Student protection. All moneys received from fees received under s. 38.50 (10) (c) 4. 37.40 (3) (d) and from amounts recovered under s. 37.50 (1), for the purpose of indemnifying students, parents, or sponsors under s. 38.50 (10) (a) 37.50 (1) and for the purpose of preserving under s. 38.50 (11) 37.55 the students records of schools, as defined in s. 38.50 (11) (a) 2. 37.55 (1) (a), that have discontinued their operations.

AB281, s. 4 Section 4. 20.292 (2) (i) of the statutes is amended to read:

AB281,5,21 20.292 (2) (i) Closed schools; preservation of student records. All moneys received from fees collected under s. 38.50 (11) (d) 37.55 (4) to be used for the administrative costs of taking possession of, preserving, and providing copies of student records of schools, as defined in s. 38.50 (11) (a) 2. 37.55 (1) (a), that have discontinued their operations.

AB281, s. 5 Section 5. 29.506 (7m) (a) of the statutes is amended to read:

AB281,6,2 29.506 (7m) (a) The department shall issue a taxidermy school permit to a person who applies for the permit; who, on August 15, 1991, holds held a valid taxidermist permit issued under this section; and who, on August 15, 1991, operates operated a taxidermy school approved by the educational approval board under s. 38.50 38.51, 1991 stats.

AB281, s. 6 Section 6. 37.01 (2) of the statutes is created to read:

AB281,6,5 37.01 (2) "Fee" means an application fee, a fee charged for tuition, books, or materials, or any other fee charged to attend a school.

AB281, s. 7 Section 7. 37.01 (6) (f) of the statutes is created to read:

AB281,6,8 37.01 (6) (f) A school that another state agency or board is expressly authorized by statute to approve and supervise.

AB281, s. 8 Section 8. 37.10 (2) to (6) of the statutes are created to read:

AB281,6,11 37.10 (2) Collecting and disseminating outcome and satisfaction information for students attending schools.

AB281,6,12 (3) Performing annual reviews of schools.

AB281,6,13 (4) Conducting regular on-site evaluations of schools.

AB281,6,15 (5) Holding schools accountable for improving their performance and effectiveness.

AB281,6,16 (6) Supporting options for innovative and quality programs offered by schools.

AB281, s. 9 Section 9. 37.15 of the statutes is created to read:

AB281,6,22 37.15 Accountability. The board shall develop, periodically review, and, if appropriate, revise a strategic plan for achieving its purposes under s. 37.10. The strategic plan shall include specific goals, objectives, and measurable results. The board shall use the strategic plan to evaluate annually its performance and effectiveness.

AB281, s. 10 Section 10. 37.35 (2) of the statutes is created to read:

AB281,6,25 37.35 (2) Establish standards and criteria for approving schools offering programs that are delivered primarily by distance learning.

AB281, s. 11 Section 11. 37.35 (3) (c), (d), (e) and (g) of the statutes are created to read:

AB281,7,3 37.35 (3) (c) Student services, including employment assistance services, the school provides.

AB281,7,4 (d) The school's complaint procedures.

AB281,7,5 (e) Student outcome and satisfaction information.

AB281,7,7 (g) Any other information that the board considers necessary to accomplish the goals specified in s. 37.35 (intro.).

AB281, s. 12 Section 12. 37.35 (8) of the statutes is created to read:

AB281,7,11 37.35 (8) Require schools to comply with all applicable building, plumbing, electrical, and fire codes and all similar codes established for the protection of the health and safety of occupants of school buildings.

AB281, s. 13 Section 13. 37.40 (title) of the statutes is created to read:

AB281,7,13 37.40 (title) Approval; application; fees.

AB281, s. 14 Section 14. 37.45 of the statutes is created to read:

AB281,7,19 37.45 Reporting. (1) Information about school. An approved school shall annually submit to the board information about the school as prescribed by the board, including a current school catalog, an enrollment contract, if one is used by the school, copies of advertising used by the school during the preceding year, and financial information as the board considers necessary.

AB281,8,2 (2) Student outcome and satisfaction information. An approved school shall annually report to the board student satisfaction and outcome information, including information on the number of students from the prior year who are continuing in the current year, the number of new students starting in the current year, the number of students who have dropped out or withdrawn since the prior year, the number of students who are anticipated to continue next year, the number of students completing a program, the number of completers successfully employed, and such other information as the board considers necessary.

AB281,8,5 (3) Institutional plan. An approved school shall have an institutional plan and shall report annually to the board on the progress of the school in achieving the goals of the plan.

AB281, s. 15 Section 15. 37.50 of the statutes is created to read:

AB281,8,13 37.50 Consumer protection. (1) Student protection fund. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.292 (2) (gm). The board may pursue any legal action it considers necessary to recover any losses paid from that appropriation. Any losses recovered under this subsection shall be deposited into the general fund and credited to the appropriation account under s. 20.292 (2) (gm).

AB281, s. 16 Section 16. 37.60 of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

AB281, s. 17 Section 17. 38.50 (title) of the statutes is renumbered chapter 37 (title).

AB281, s. 18 Section 18. 38.50 (1) (intro.) of the statutes is renumbered 37.01 (intro.) and amended to read:

AB281,8,20 37.01 Definitions. (intro.) In this section chapter, unless the context clearly requires otherwise:

AB281, s. 19 Section 19. 38.50 (1) (a) of the statutes is renumbered 37.01 (1) and amended to read:

AB281,8,24 37.01 (1) Notwithstanding s. 38.01 (2), "board" "Board" means the educational approval board.

AB281, s. 20 Section 20. 38.50 (1) (b) of the statutes is repealed.

AB281, s. 21 Section 21. 38.50 (1) (c) of the statutes is renumbered 37.01 (4) and amended to read:

AB281,9,8 37.01 (4) "Course of instruction" "Program" means a series of classroom or correspondence courses having a unified purpose which lead course of study that provides practical or academic instruction, education, or training leading to a diploma or, certificate, degree or to an occupational or vocational objective, or other indicia that a student has acquired knowledge or skills, but does not include education or training offered by an employer solely to its employees.

AB281, s. 22 Section 22. 38.50 (1) (d) of the statutes is renumbered 37.01 (3).

AB281, s. 23 Section 23. 38.50 (1) (e) (intro.) of the statutes is renumbered 37.01 (6) (intro.) and amended to read:

AB281,9,15 37.01 (6) (intro.) "School" means any person, whether located within or outside this state, that offers, maintains, provides, or conducts a program for a fee, including any private trade, correspondence, business, or technical, career, distance learning, or degree-granting school, but does not include not including any of the following:

AB281, s. 24 Section 24. 38.50 (1) (e) 1. of the statutes is renumbered 37.01 (6) (a) (intro.) and amended to read:

AB281,9,20 37.01 (6) (a) (intro.) In-state schools that are An in-state school that is exempt from taxation under section 501 of the Internal Revenue Code and that either were meets any of the following requirements:

AB281,9,22 1. Was incorporated in this state prior to January 1, 1992, or had their and has continuously been in good standing under ch. 181 since the date of incorporation.

AB281,9,24 2. Had its administrative headquarters and principal places of business in this state prior to 1970.

AB281, s. 25 Section 25. 38.50 (1) (e) 2. of the statutes is renumbered 37.01 (6) (b) and amended to read:

AB281,10,3 37.01 (6) (b) Schools that are A school that is supported mainly by taxes.

AB281, s. 26 Section 26. 38.50 (1) (e) 3. of the statutes is renumbered 37.01 (6) (c) and amended to read:

AB281,10,8 37.01 (6) (c) Schools A school offering only programs that are of a parochial or denominational character offering courses having, that have a sectarian objective, and that are limited to use in the ministry of a religion, as determined by the board.

AB281, s. 27 Section 27. 38.50 (1) (e) 4. of the statutes is renumbered 37.01 (6) (d) and amended to read:

AB281,10,13 37.01 (6) (d) Schools primarily offering instruction A school offering a program that is avocational or recreational in nature and not leading to that does not have a vocational objective.

AB281, s. 28 Section 28. 38.50 (1) (e) 5. of the statutes is renumbered 37.01 (6) (e) and amended to read: