SB 431

Under current law, subject to certain exceptions, no private trade,

correspondence, business, or technical school may advertise or operate in this state

unless the school is first approved by the Educational Approval Board (EAB). Those

exceptions include schools that are supported mainly by taxes, schools that are of a

denominational character, schools that are approved by other state agencies, and

schools that are accredited by accrediting agencies recognized by the EAB.

This bill prohibits a school, including a school that is exempt from the EAB

approval requirement, from using the term "college" or "university" in its name

unless the school provides an educational program for which it awards an associate

or higher degree and the school has accreditation recognized by the U.S. secretary

of education; has the foreign equivalent of that accreditation, as determined by the

EAB; or has accreditation recognized by the Council for Higher Education

Accreditation. This prohibition, however, does not apply to a school that was doing

business in this state with the approval of the EAB prior to the effective date of the

bill. The bill also prohibits a school, including a school that is exempt from the EAB

approval requirement, from using 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, the technical college system, or

this state, unless the school actually is so affiliated. If a school uses the term

"college," "university," "state," or "Wisconsin" in violation of the bill, the school may

be required to forfeit not more than $500 for each day of operation without that

approval and a student of the school may bring a civil action to recover fees paid to

the school, plus costs and disbursements, including reasonable attorney fees.

The bill also prohibits all of the following:

1. Knowingly issuing or manufacturing a false academic credential, as defined

in the bill. A person who violates this prohibition is guilty of a Class A misdemeanor,

which is punishable by a fine not to exceed $10,000 or imprisonment not to exceed

nine months, or both.

2. Knowingly using a false academic credential or falsely claiming to have a

legitimate academic credential as follows: 1) in any communication to a client or to

the general public, in connection with any business, trade, profession, or occupation;

2) for the purpose of obtaining a license or other approval required to practice a trade,

profession, or occupation; 3) for the purpose of obtaining admission to an authorized

institution of higher education, as defined in the bill; or 4) for the purpose of

obtaining an employment position with a state agency or with a political subdivision

of the state, including an elective or appointive position, whether compensated or

not, a promotion, transfer, or reassignment from such a position, or an increase in

compensation or benefits for such a position. A person who violates any of these

prohibitions may be required to forfeit not more than $1,000.

For purposes of those prohibitions: