SB 511

This bill creates a Distance Learning Authorization Board (DLA Board)

attached to the Higher Educational Aids Board. The DLA Board consists of the

following members: 1) the president of the University of Wisconsin System or his or

her designee; 2) the president of the Technical College System Board or his or her

designee; 3) the president of the Wisconsin Association of Independent Colleges and

Universities or his or her designee; 4) the executive secretary of the Educational

Approval Board (EAB); and 5) one person representing Wisconsin tribal colleges.

Under the bill, the DLA Board may, on behalf of this state, enter into the State

Authorization Reciprocity Agreement or any amendment to or superseding version

of it, or any other interstate reciprocity agreement related to state authorization and

oversight of postsecondary institutions that offer distance education to out-of-state

students (collectively "agreement"). However, before the DLA Board enters into an

agreement, the DLA Board must provide the agreement to the Joint Committee on

Finance under a passive review process.

Under the bill, if the DLA Board enters into an agreement, the DLA Board must

1) authorize eligible institutions for the offering of distance education programs; 2)

maintain a list of these institutions; 3) maintain and administer a complaint

resolution process for complaints related to the distance education programs of these

authorized institutions; 4) monitor these authorized institutions with respect to

consumer protection of students enrolled in distance education programs; and 5)

administer and enforce the provisions of the agreement with respect to authorized

institutions. The bill defines a "distance education program" as the offering of

courses for credit, to students outside Wisconsin, that will lead to a degree or

certificate from the institution. The bill defines an "eligible institution" as a

postsecondary institution that 1) is accredited by a regional or national accrediting

agency recognized by the federal Department of Education; 2) maintains its principal

campus in Wisconsin and identifies Wisconsin as the state where this campus holds

its institutional accreditation; 3) is authorized to offer in Wisconsin degrees at the

associate level or higher; and 4) offers distance education programs and grants

degrees or certificates in connection with these programs. If the DLA Board enters

into an agreement, it may establish procedures consistent with the provisions of the

agreement. The bill does not require an eligible institution to obtain authorization

from the DLA Board for its distance education programs but, if the institution elects

not to obtain the DLA Board's authorization, the institution does not receive any

benefit under the agreement. If the DLA Board enters into an agreement, the DLA

Board, not the EAB, has jurisdiction over the distance education programs of a

postsecondary institution authorized by the DLA Board. In addition, if the DLA

Board enters into an agreement, the EAB does not have jurisdiction over an

out-of-state postsecondary institution that is located in a state which has joined an

agreement and that has obtained authorization from that state to offer distance