AB427: Bill Text

AB427,19,9 37.70 (6) Recovery by students. The bond in force under par. (b) sub. (2) shall not limit or impair any right of recovery otherwise available under law, nor shall the amount of the bond be relevant in determining the amount of damages or other relief to which any plaintiff may be entitled.

AB427, s. 63 Section 63. 38.50 (8) (g) of the statutes is renumbered 37.70 (7) and amended to read:

AB427,19,17 37.70 (7) Recovery on contracts. No recovery shall be had by any school or its assignee on any contract for or in connection with a course or course of instruction program if the representative who sold or solicited the course the program or recruited the student for the program was not the holder of a solicitor's representative's permit under this subsection section at the time of the sale or solicitation recruitment.

AB427, s. 64 Section 64. 38.50 (8) (h) of the statutes is repealed.

AB427, s. 65 Section 65. 38.50 (8) (i) of the statutes is repealed.

AB427, s. 66 Section 66. 38.50 (10) (title) of the statutes is repealed.

AB427, s. 67 Section 67. 38.50 (10) (a) of the statutes is renumbered 37.40 (1) and amended to read:

AB427,20,14 37.40 (1) Authority. Approval. All proprietary schools shall be examined and No school may operate or advertise in this state, offer a program to a resident of this state, change its ownership or control, or establish a teaching location, and no person may act as a representative, unless the school or representative is first approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria. If a school, program, change in ownership or control, teaching location, or representative meets the requirements and standards established by the board and complies with rules promulgated by the board, the board shall approve the school, program, change in ownership or control, teaching location, or representative. Approval for a school, program, teaching location, or representative shall be for a period not to exceed one year. No school may advertise in this state unless approved by the 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 board considers necessary. 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).

AB427, s. 68 Section 68. 38.50 (10) (b) of the statutes is renumbered 37.40 (2) and amended to read:

AB427,21,2 37.40 (2) Application. Application for initial approval or renewal of 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 program, approval of a substantially revised program, reinstatement of approval of a school or course of instruction that or program whose approval has been revoked, approval of a teaching location, approval of a change of ownership or control of a school, or approval of a representative shall be made on a form furnished by the board and shall be accompanied by a fee set by the board under par. (c) sub. (3) and any other information as that the board considers necessary to evaluate the school, program, teaching location, change of ownership or control, or representative in carrying out the purpose of this section chapter.

AB427, s. 69 Section 69. 38.50 (10) (c) (title) of the statutes is renumbered 37.40 (3) (title) and amended to read:

AB427,21,5 37.40 (3) (title) Fees; rule making.

AB427, s. 70 Section 70. 38.50 (10) (c) (intro.) of the statutes is renumbered 37.40 (3) (intro.).

AB427, s. 71 Section 71. 38.50 (10) (c) 1. of the statutes is renumbered 37.40 (3) (a) and amended to read:

AB427,21,12 37.40 (3) (a) Require that the amount of fees collected under this paragraph subsection be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection sub. (1).

AB427, s. 72 Section 72. 38.50 (10) (c) 2. of the statutes is renumbered 37.40 (3) (b) and amended to read:

AB427,21,16 37.40 (3) (b) Give consideration to establishing a variable fee structure based on the size of a proprietary school.

AB427, s. 73 Section 73. 38.50 (10) (c) 3. of the statutes is renumbered 37.40 (3) (c) and amended to read:

AB427,21,19 37.40 (3) (c) Specify a fee to accompany all applications under par. (b) sub. (2).

AB427, s. 74 Section 74. 38.50 (10) (c) 4. of the statutes is renumbered 37.40 (3) (d).

AB427, s. 75 Section 75. 38.50 (10) (cm) of the statutes is renumbered 37.40 (4) and amended to read:

AB427,21,25 37.40 (4) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. sub. (3) (d) during the period that the balance in the fund created by those fees exceeds $1,000,000.

AB427, s. 76 Section 76. 38.50 (10) (d) of the statutes is renumbered 37.50 (2) and amended to read:

AB427,22,6 37.50 (2) Enforcement. The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection chapter, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) this chapter.

AB427, s. 77 Section 77. 38.50 (10) (e) of the statutes is renumbered 37.50 (3) and amended to read:

AB427,22,11 37.50 (3) Penalties. Any person who violates par. (a) any provision of this chapter may be required to forfeit not more than $500. Each day of operation in continued violation of par. (a) constitutes a separate offense.

AB427, s. 78 Section 78. 38.50 (10) (f) of the statutes is renumbered 37.50 (4) and amended to read:

AB427,22,17 37.50 (4) Other remedies. In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) this chapter may bring a civil action to recover fees paid to the school in violation of par. (a) this chapter together with costs and disbursements, including reasonable attorney fees.

AB427, s. 79 Section 79. 38.50 (11) (title) of the statutes is renumbered 37.55 (title).

AB427, s. 80 Section 80. 38.50 (11) (a) (intro.) of the statutes is repealed.

AB427, s. 81 Section 81. 38.50 (11) (a) 1. of the statutes is repealed.

AB427, s. 82 Section 82. 38.50 (11) (a) 2. of the statutes is repealed.

AB427, s. 83 Section 83. 38.50 (11) (a) 3. of the statutes is renumbered 37.55 (1) and amended to read:

AB427,23,9 37.55 (1) "Student In this section, "student record" means, in the case of a school, as defined in sub. (1) (e) (intro.), a transcript for a student or former student of a school showing the name of the student, the title of the program in which the student was or is enrolled, the total number of credits or hours of instruction completed by the student, the dates of enrollment, the grade for each course, lesson, or unit of instruction completed by the student, the student's cumulative grade for the program, and an explanation of the school's credit and grading system. In the case of a school described in sub. (1) (e) 1., 6., 7., or 8., "student record" means a transcript for a student or former student of the school showing such information about the academic work completed by the student or former student as is customarily maintained by the school.

AB427, s. 84 Section 84. 38.50 (11) (b) 1. of the statutes is renumbered 37.55 (2) and amended to read:

AB427,23,19 37.55 (2) If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the board, if the student records of the school are not taken into possession under subd. 2., and if the board determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board may take possession of those student records.

AB427, s. 85 Section 85. 38.50 (11) (b) 2. of the statutes is repealed.

AB427, s. 86 Section 86. 38.50 (11) (c) of the statutes is renumbered 37.55 (3) and amended to read:

AB427,24,2 37.55 (3) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the board or association may seek a court order authorizing the board or association to take possession of those student records.

AB427, s. 87 Section 87. 38.50 (11) (d) of the statutes is renumbered 37.55 (4) and amended to read:

AB427,24,15 37.55 (4) The board or association shall preserve a student record that comes into the possession of the board or association under par. (b) 1. or 2. sub. (2) and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the board is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the board or association shall provide a copy of the student record to the requester. The board or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the board under this paragraph subsection shall be credited to the appropriation account under s. 20.292 (2) (i).

AB427, s. 88 Section 88. 38.50 (12) (title) of the statutes is renumbered 37.60 (title).

AB427, s. 89 Section 89. 38.50 (12) (a) (intro.) of the statutes is renumbered 37.60 (1) (intro.) and amended to read:

AB427,25,2 37.60 (1) (intro.) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term "college" or "university" in the person's name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph subsection does not apply to any of the following:

AB427, s. 90 Section 90. 38.50 (12) (a) 1. of the statutes is renumbered 37.60 (1) (a).

AB427, s. 91 Section 91. 38.50 (12) (a) 1m. of the statutes, as created by 2011 Wisconsin Act 32, is renumbered 37.60 (1) (am) and amended to read:

AB427,25,10 37.60 (1) (am) A person described in sub. (1) (e) 1. s. 37.01 (6) (a) whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

AB427, s. 92 Section 92. 38.50 (12) (a) 2. of the statutes is renumbered 37.60 (1) (b) and amended to read:

AB427,25,14 37.60 (1) (b) A person described in sub. (1) (e) 3. to 7. s. 37.01 (6) (c) to (f) that was doing business in this state prior to May 27, 2010.

AB427, s. 93 Section 93. 38.50 (12) (b) of the statutes is renumbered 37.60 (2) and amended to read:

AB427,25,25 37.60 (2) No school, including a school described in sub. (1) (e) 1. to 8. s. 37.01 (6) (a) to (f), may use the term "state" or "Wisconsin" in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph subsection does not apply to a school described in sub. (1) (e) 1. s. 37.01 (6) (a) that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the board, or has accreditation recognized by the Council for Higher Education Accreditation.

AB427, s. 94 Section 94. 38.50 (12) (c) of the statutes is renumbered 37.60 (3) and amended to read:

AB427,26,6 37.60 (3) The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection section, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) or (b) sub. (1) or (2).

AB427, s. 95 Section 95. 38.50 (12) (d) of the statutes is renumbered 37.60 (4) and amended to read:

AB427,26,11 37.60 (4) Any person who violates par. (a) or (b) sub. (1) or (2) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) or (b) sub. (1) or (2) constitutes a separate offense.

AB427, s. 96 Section 96. 38.50 (12) (e) of the statutes is renumbered 37.60 (5) and amended to read:

AB427,26,17 37.60 (5) In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) or (b) sub. (1) or (2) may bring a civil action to recover fees paid to the school, together with costs and disbursements, including reasonable attorney fees.

AB427, s. 97 Section 97. 38.50 (13) (title) of the statutes is renumbered 37.65 (title).

AB427, s. 98 Section 98. 38.50 (13) (a) (intro.) of the statutes is renumbered 37.65 (1) (intro.) and amended to read:

AB427,26,21 37.65 (1) (intro.) In this subsection section:

AB427, s. 99 Section 99. 38.50 (13) (a) 1. of the statutes is renumbered 37.65 (1) (a) and amended to read:

AB427,27,2 37.65 (1) (a) "Academic credential" means a degree, transcript, certificate, or other similar document that indicates the completion of a program, course, or course of instruction leading to, or the earning of academic credit toward, the granting of an associate, baccalaureate, or graduate degree.

AB427, s. 100 Section 100. 38.50 (13) (a) 2. (intro.) of the statutes is renumbered 37.65 (1) (b) (intro.).

AB427, s. 101 Section 101. 38.50 (13) (a) 2. a. of the statutes is renumbered 37.65 (1) (b) 1.

AB427, s. 102 Section 102. 38.50 (13) (a) 2. b. of the statutes is renumbered 37.65 (1) (b) 2.

AB427, s. 103 Section 103. 38.50 (13) (a) 2. c. of the statutes is renumbered 37.65 (1) (b) 3. and amended to read:

AB427,27,10 37.65 (1) (b) 3. Operates in this state and is a school described in sub. (1) (e) 1. to 8 s. 37.01 (6) (a) to (f).

AB427, s. 104 Section 104. 38.50 (13) (a) 2. d. of the statutes is renumbered 37.65 (1) (b) 4.

AB427, s. 105 Section 105. 38.50 (13) (a) 2. e. of the statutes is renumbered 37.65 (1) (b) 5.

AB427, s. 106 Section 106. 38.50 (13) (a) 3. of the statutes is renumbered 37.65 (1) (c).

AB427, s. 107 Section 107. 38.50 (13) (a) 4. of the statutes is renumbered 37.65 (1) (d).

AB427, s. 108 Section 108. 38.50 (13) (b) of the statutes is renumbered 37.65 (2).

AB427, s. 109 Section 109. 38.50 (13) (c) of the statutes is renumbered 37.65 (3).

AB427, s. 110 Section 110. 38.50 (13) (d) of the statutes is renumbered 37.65 (4) and amended to read:

AB427,27,23 37.65 (4) The board may charge a fee for evaluating an educational institution under par. (a) 2. e. sub. (1) (b) 5. in an amount that is sufficient to cover all costs that the board incurs in evaluating the institution. All fees collected by the board under this paragraph subsection shall be credited to the appropriation account under s. 20.292 (2) (g).

AB427, s. 111 Section 111. 45.20 (1) (d) of the statutes is amended to read:

AB427,28,6 45.20 (1) (d) "Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50 ch. 37, means the charge for the courses or programs for which a person is enrolled.

AB427, s. 112 Section 112. 45.20 (2) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB427,28,15 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50 ch. 37, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 39.47.

AB427, s. 113 Section 113. 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:

AB427,28,22 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses course, program, or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under s. 45.03 (11), or from a proprietary school that is approved under s. 38.50 ch. 37, if any of the following applies:

AB427, s. 114 Section 114. 45.20 (2) (c) 1. of the statutes is amended to read:

AB427,29,11 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course or program at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50 ch. 37, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

AB427, s. 115 Section 115. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

AB427,29,19 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50 ch. 37, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

AB427, s. 116 Section 116. 45.21 (2) (a) of the statutes is amended to read:

AB427,30,2 45.21 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary program in a school in the state approved by the educational approval board under s. 38.50 ch. 37, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

AB427, s. 117 Section 117. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

AB427,30,10 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses and mandatory student fees for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 38.50 ch. 37, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows: