39.51(7)(d)
(d) Promulgate rules restricting the negotiability of promissory instruments received by schools in payment of tuition and other charges.
39.51(7)(e)
(e) Establish minimum standards for refund of the unused portion of tuition, fees and other charges if a student does not enter a course or course of instruction or withdraws or is discontinued therefrom.
39.51(7)(f)
(f) Require schools offering courses and courses of instruction to residents of this state to furnish information concerning their facilities, curricula, instructors, enrollment policies, tuition and other charges and fees, refund policies and policies concerning negotiability of promissory instruments received in payment of tuition and other charges.
39.51(7)(g)
(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 and complying with rules promulgated by the board and publish a list of the schools and courses of instruction approved.
39.51(7)(h)
(h) Issue permits to solicitors when all board requirements have been met.
39.51(7)(i)
(i) Require schools to furnish a surety bond in an amount as provided by rule of the board.
39.51(8)(a)(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. If the solicitor represents more than one school, a separate permit shall be obtained for each school represented by the solicitor.
39.51(8)(b)
(b)
Solicitor's permit. The application for a solicitor's permit shall be made on a form furnished by the board and shall be accompanied by a fee and a surety bond acceptable to the board in the sum of $2,000. The 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 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 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 board in the sum of $2,000 if a continuous bond has not been furnished, and such information as the board requests of the applicant. The board shall, by rule, specify the amount of the fee for renewal of a solicitor's permit.
39.51(8)(c)
(c)
Refusal or revocation of permit. The board may refuse to issue or renew, or may revoke, any solicitor's permit upon one or any combination of the following grounds:
39.51(8)(c)1.
1. Wilful violation of this subsection or any rule promulgated by the board under this section;
39.51(8)(c)2.
2. Furnishing false, misleading or incomplete information to the board;
39.51(8)(c)3.
3. Presenting information to prospective students relating to the school, a course or course of instruction which is false, fraudulent or misleading;
39.51(8)(c)4.
4. Refusal by the school to be represented to allow reasonable inspection or to supply information after written request therefor by the board;
39.51(8)(c)5.
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 pursuant to
sub. (7);
39.51(8)(d)
(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. Revocation of a permit shall be effective 10 days after the notice of revocation has been mailed to the permit holder.
39.51(8)(e)
(e)
Request for appearance. Within 20 days of the receipt of notice of the 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 board in person, with or without counsel, to present reasons why the permit should be issued or reinstated. Upon receipt of such request, the 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.
39.51(8)(f)
(f)
Recovery by students. The bond in force under
par. (b) 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.
39.51(8)(g)
(g)
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 if the representative who sold or solicited the course was not the holder of a solicitor's permit under this subsection at the time of the sale or solicitation.
39.51(8)(h)
(h)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection.
39.51(8)(i)
(i)
Penalty. Whoever violates this subsection may be fined not more than $500 or imprisoned not more than 3 months or both.
39.51(9)
(9) Exceptions. This section, except the provisions of
sub. (6), shall not apply to the following:
39.51(9)(a)
(a) In-state schools that are exempt from taxation under section
501 of the internal revenue code and that either were incorporated in this state prior to January 1, 1992, or had their administrative headquarters and principal places of business in this state prior to 1970.
39.51(9)(b)
(b) Schools that are supported mainly by taxes.
39.51(9)(c)
(c) Schools of a parochial or denominational character offering courses having a sectarian objective.
39.51(9)(d)
(d) Schools primarily offering instruction avocational or recreational in nature and not leading to a vocational objective.
39.51(9)(e)
(e) Courses conducted by employers exclusively for their employes.
39.51(9)(f)
(f) Schools, courses of instruction and training programs which are approved or licensed and supervised by other state agencies and boards.
39.51(9)(g)
(g) Schools approved by the department of public instruction for the training of teachers.
39.51(9)(h)
(h) Schools accredited by accrediting agencies recognized by the board.
39.51(10)(a)(a)
Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board 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 deems necessary.
39.51(10)(b)
(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 and shall be accompanied by a fee set by the board under
par. (c), and such other information as the board deems necessary to evaluate the school in carrying out the purpose of this section.
39.51(10)(c)
(c)
Fees; rule making. The board shall promulgate rules to establish fees. In promulgating rules to establish fees, the board shall:
39.51(10)(c)1.
1. Require that the amount of fees collected under this paragraph be sufficient to cover all costs that the board incurs in examining and approving proprietary schools under this subsection..
39.51(10)(c)2.
2. Give consideration to establishing a variable fee structure based on the size of a proprietary school.
39.51(10)(d)
(d)
Enforcement. The attorney general or any district attorney may bring any appropriate action or proceeding in any court of competent jurisdiction for the enforcement of this subsection, including but not limited to bringing an action to restrain by temporary or permanent injunction any violation of
par. (a).
39.51(10)(e)
(e)
Penalties. Any person who violates
par. (a) may be required to forfeit not more than $500. Each day of operation in violation of
par. (a) constitutes a separate offense.
39.51(10)(f)
(f)
Other remedies. In addition to any other remedies provided by law, a student who attends a school which is in violation of
par. (a) may bring a civil action to recover fees paid to the school in violation of
par. (a) together with costs and disbursements, including reasonable attorney fees.
39.51 History
History: 1971 c. 125 ss.
249,
448;
1971 c. 211 s.
51;
1973 c. 12,
90;
1975 c. 39,
224,
422;
1981 c. 380;
1981 c. 391 s.
211;
1983 a. 27,
189,
485;
1985 a. 156;
1985 a. 332 s.
251 (3), (6);
1987 a. 27;
1989 a. 31,
56,
359;
1991 a. 39,
316;
1993 a. 61,
112,
399;
1995 a. 27 ss.
1815 to
1840,
9130 (4),
9145 (1);
1997 a. 3;
1997 a. 27 ss.
1196 to
1211,
1313 to
1315; Stats. 1997 s. 39.51.
EDUCATION COMPACTS
39.75
39.75
Compact for education. The compact for education is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein, in the form substantially as follows:
39.75(1)
(1) Article I - Purpose and Policy. 39.75(1)(a)1.
1. Establish and maintain close cooperation and understanding among executive, legislative, professional educational and lay leadership on a nationwide basis at the state and local levels.
39.75(1)(a)2.
2. Provide a forum for the discussion, development, crystallization and recommendation of public policy alternatives in the field of education.
39.75(1)(a)3.
3. Provide a clearinghouse of information on matters relating to educational problems and how they are being met in different places throughout the nation, so that the executive and legislative branches of state government and of local communities may have ready access to the experience and record of the entire country, and so that both lay and professional groups in the field of education may have additional avenues for the sharing of experience and the interchange of ideas in the formation of public policy in education.
39.75(1)(a)4.
4. Facilitate the improvement of state and local educational systems so that all of them will be able to meet adequate and desirable goals in a society which requires continuous qualitative and quantitative advance in educational opportunities, methods and facilities.
39.75(1)(b)
(b) It is the policy of this compact to encourage and promote local and state initiative in the development, maintenance, improvement and administration of educational systems and institutions in a manner which will accord with the needs and advantages of diversity among localities and states.
39.75(1)(c)
(c) The party states recognize that each of them has an interest in the quality and quantity of education furnished in each of the other states, as well as in the excellence of its own educational systems and institutions, because of the highly mobile character of individuals within the nation, and because the products and services contributing to the health, welfare and economic advancement of each state are supplied in significant part by persons educated in other states.
39.75(2)
(2) Article II - State Defined. As used in this compact, "state" means a state, territory, or possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico.
39.75(3)
(3) Article III - The Commission. 39.75(3)(a)(a) The education commission of the states, hereinafter called "the commission", is hereby established. The commission shall consist of 7 members representing each party state. One of such members shall be governor; 2 shall be members of the state legislature selected by its respective houses and serving in such manner as the legislature may determine; and 4 shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. If the laws of a state prevent legislators from serving on the commission, 6 members shall be appointed by and serve at the pleasure of the governor, unless the laws of the state otherwise provide. In addition to any other principles or requirements which a state may establish for the appointment and service of its members of the commission, the guiding principle for the composition of the membership on the commission from each party state shall be that the members representing such state shall, by virtue of their training, experience, knowledge or affiliations be in a position collectively to reflect broadly the interests of the state government, higher education, the state education system, local education, lay and professional, public and nonpublic educational leadership. Of those appointees, one shall be the head of a state agency or institution, designated by the governor, having responsibility for one or more programs of public education. In addition to the members of the commission representing the party states, there may be not to exceed 10 nonvoting commissioners selected by the steering committee for terms of one year. Such commissioners shall represent leading national organizations of professional educators or persons concerned with educational administration.
39.75(3)(b)
(b) The members of the commission shall be entitled to one vote each on the commission. No action of the commission shall be binding unless taken at a meeting at which a majority of the total number of votes on the commission are cast in favor thereof. Action of the commission shall be only at a meeting at which a majority of the commissioners are present. The commission shall meet at least once a year. In its bylaws, and subject to such directions and limitations as may be contained therein, the commission may delegate the exercise of any of its powers to the steering committee or the executive director, except for the power to approve budgets or requests for appropriations, the power to make policy recommendations pursuant to
sub. (4) and adoption of the annual report pursuant to
par. (j).
39.75(3)(d)
(d) The commission shall elect annually, from among its members, a chairperson, who shall be a governor, a vice chairperson and a treasurer. The commission shall provide for the appointment of an executive director. Such executive director shall serve at the pleasure of the commission, and together with the treasurer and such other personnel as the commission may deem appropriate shall be bonded in such amount as the commission shall determine. The executive director shall be secretary.
39.75(3)(e)
(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director subject to the approval of the steering committee shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the commission, and shall fix the duties and compensation of such personnel. The commission in its bylaws shall provide for the personnel policies and programs of the commission.
39.75(3)(f)
(f) The commission may borrow, accept or contract for the services of personnel from any party jurisdiction, the United States, or any subdivision or agency of the aforementioned governments, or from any agency of 2 or more of the party jurisdictions or their subdivisions.
39.75(3)(g)
(g) The commission may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association, foundation or corporation, and may receive, utilize and dispose of the same. Any donation or grant accepted by the commission pursuant to this paragraph or services borrowed pursuant to
par. (f) shall be reported in the annual report of the commission. Such report shall include the nature, amount and conditions, if any, of the donation, grant or services borrowed, and the identity of the donor or lender.
39.75(3)(h)
(h) The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.
39.75(3)(i)
(i) The commission shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
39.75(3)(j)
(j) The commission annually shall submit to the governor, to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) and to the legislature of any other party state a report covering the activities of the commission for the preceding year. The commission may submit such additional reports as it deems desirable.
39.75(4)
(4) Article IV - Powers. In addition to authority conferred on the commission by other provisions of the compact, the commission shall have authority to:
39.75(4)(a)
(a) Collect, correlate, analyze and interpret information and data concerning educational needs and resources.
39.75(4)(b)
(b) Encourage and foster research in all aspects of education, but with special reference to the desirable scope of instruction, organization, administration and instructional methods and standards employed or suitable for employment in public educational systems.
39.75(4)(c)
(c) Develop proposals for adequate financing of education as a whole and at each of its many levels.
39.75(4)(d)
(d) Conduct or participate in research of the types referred to in this subsection in any instance where the commission finds that such research is necessary for the advancement of the purposes and policies of this compact, utilizing fully the resources of national associations, regional compact organizations for higher education and other agencies and institutions, both public and private.
39.75(4)(e)
(e) Formulate suggested policies and plans for the improvement of public education as a whole, or for any segment thereof, and make recommendations with respect thereto available to the appropriate governmental units, agencies and public officials.
39.75(4)(f)
(f) Do such other things as may be necessary or incidental to the administration of any of its authority or functions pursuant to this compact.
39.75(5)
(5) Article V - Cooperation with Federal Government. 39.75(5)(a)(a) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the commission by not to exceed 10 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, and may be drawn from any one or more branches of the federal government, but no such representative shall have a vote on the commission.
39.75(5)(b)
(b) The commission may provide information and make recommendations to any executive or legislative agency or officer of the federal government concerning the common educational policies of the states, and may advise with any such agencies or officers concerning any matter of mutual interest.
39.75(6)(a)(a) To assist in the expeditious conduct of its business when the full commission is not meeting, the commission shall elect a steering committee of 32 members which, subject to the provisions of this compact and consistent with the policies of the commission, shall be constituted and function as provided in the bylaws of the commission. One-fourth of the voting membership of the steering committee shall consist of governors, one-fourth shall consist of legislators, and the remainder shall consist of other members of the commission. A federal representative on the commission may serve with the steering committee, but without vote. The voting members of the steering committee shall serve for terms of 2 years, except that members elected to the first steering committee of the commission shall be elected as follows: 15 for one year and 15 for 2 years. The chairperson, vice chairperson, and treasurer of the commission shall be members of the steering committee and, anything in this paragraph to the contrary notwithstanding, shall serve during their continuance in these offices. Vacancies in the steering committee shall not affect its authority to act, but the commission at its next regularly ensuing meeting following the occurrence of any vacancy shall fill it for the unexpired term. No person shall serve more than 2 terms as a member of the steering committee: provided that service for a partial term of one year or less shall not be counted toward the 2-term limitation.
39.75(6)(b)
(b) The commission may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any advisory or technical committee may, on request of the states concerned, be established to consider any matter of special concern to 2 or more of the party states.
39.75(6)(c)
(c) The commission may establish such additional committees as its bylaws may provide.
39.75(7)(a)(a) The commission shall advise the governor or designated officer or officers of each party state of its budget and estimated expenditures for such period as may be required by the laws of that party state. Each of the commission's budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states.
39.75(7)(b)
(b) The total amount of appropriation requests under any budget shall be apportioned among the party states. In making such apportionment, the commission shall devise and employ a formula which takes equitable account of the populations and per capita income levels of the party states.
39.75(7)(c)
(c) The commission shall not pledge the credit of any party states. The commission may meet any of its obligations in whole or in part with funds available to it under
sub. (3) (g), provided that the commission takes specific action setting aside such funds prior to incurring an obligation to be met in whole or in part in such manner. Except where the commission makes use of funds available to it under
sub. (3) (g), the commission shall not incur any obligation prior to the allotment of funds by the party states adequate to meet the same.
39.75(7)(d)
(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established by its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant, and the report of the audit shall be included in and become part of the annual reports of the commission.
39.75(7)(e)
(e) The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the party states and by any persons authorized by the commission.
39.75(7)(f)
(f) Nothing contained herein shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the commission.
39.75(8)
(8) Article VIII - Eligible Parties; Entry Into and Withdrawal. 39.75(8)(a)(a) This compact shall have as eligible parties all states, territories, and possessions of the United States, the District of Columbia and the commonwealth of Puerto Rico. In respect of any such jurisdiction not having a governor, the term "governor", as used in this compact, shall mean the closest equivalent official of such jurisdiction.
