Register June 2020 No. 774
Chapter SPS 404
APPROVAL OF SCHOOLS
SPS 404.01 Approval of schools and courses of instruction.
SPS 404.02 Approval of schools prior to operation.
SPS 404.03 Application for approval.
SPS 404.04 Criteria for approval of schools and programs of instruction.
SPS 404.05 Approval of subjects and programs on a credit basis.
SPS 404.06 Financial stability and student protection.
SPS 404.07 Agent for service of process.
SPS 404.08 Investigation and review.
SPS 404.09 List of approved schools and courses of instruction.
Ch. SPS 404 Note
Note: Chapter EAB 5 as it existed on December 31, 1972 was repealed and new chapter EAB 5 was created,
Register, December, 1972, No. 204, effective January 1, 1973; Chapter EAB 2 was renumbered Chapter EAB 5,
Register, June, 1990, No. 414, eff. July 1, 1990. Chapter EAB 5 was renumbered Chapter EAB 4,
Register, October, 1997, No. 502, eff. December 1, 1997. Chapter EAB 4 was renumbered Chapter SPS 404 under s. 13.92 (4) (b) 1., Stats.,
Register November 2017 No. 743.
Ch. SPS 404 Note
Note: The forms required in this chapter are available on the department's website at
https://dsps.wi.gov, or by request from the Department of Safety and Professional Services, P.O. Box 8366, Madison, Wisconsin 53708-8366, or call (608) 266 - 2112.
SPS 404.01
SPS 404.01 Approval of schools and courses of instruction. SPS 404.01(1)(1)
Approval required. A school shall not operate, conduct business, offer any program, advertise or enroll students unless it has been approved or determined to be exempt under s.
440.52 (1) (e), Stats. The department may issue a cease and desist order to any school that is in violation of this subsection.
SPS 404.01(2)
(2) Investigation and inspection. Upon application, the department shall investigate and evaluate schools doing business within this state, whether located within or outside this state, and programs offered by these schools, and approve schools and programs including schools with branches in more than one location.
SPS 404.01(2m)(a)
(a) The department may deny an initial request for school or program approval if the school fails to provide the information required under s.
SPS 404.03 or fails to meet the criteria under s.
SPS 404.04, as determined by the department.
SPS 404.01(2m)(b)
(b) A decision to deny initial school approval shall be sent by certified mail, return receipt requested, to the last address of record.
SPS 404.01(3)
(3) C
ompliance. After a school is approved, it shall immediately report any significant changes in its program, facilities, finances or personnel.
SPS 404.01(4)(a)
(a) Except as provided in par.
(b), a school approved to operate or do business in this state shall, after June 30 but no later than September 1 of each year, apply for renewal of approval on department forms and submit the appropriate fee.
SPS 404.01(4)(b)
(b) A school need not apply for renewal of approval for the calendar year in which the school paid in full the fees which s.
SPS 404.10 (1) requires.
SPS 404.01(4m)
(4m) Intermediate sanctions. If a school fails to comply with the provisions under chs.
SPS 404 to
411, the department may progressively impose one or more of the following sanctions.
SPS 404.01(4m)(a)
(a) Require the submission and implementation of a school improvement plan to address or correct problems identified by the department.
SPS 404.01(4m)(b)
(b) Suspend the ability of a school to enroll students for one or more of the approved programs offered by the school.
SPS 404.01(5)(a)
(a) Failure to maintain the standards or to comply with chs.
SPS 404 to
411 or meet the requirements for approval shall result in revocation of either school or program approval, or both.
SPS 404.01(5)(b)
(b) Refusal by a school to allow reasonable inspection or to supply information after written request therefor or failure to comply with chs.
SPS 404 to
411 shall be grounds for revocation of approval.
SPS 404.01(5m)(a)
(a) Except as provided under par.
(b), an action to revoke a school's approval as provided under sub.
(5) shall be sent by certified mail, return receipt requested, to the last address of record, 20 days prior to the date on which the revocation is to be effective.
SPS 404.01(5m)(b)
(b) The department may revoke a school's approval without notice if it determines that the health, safety, or financial welfare of any person is at risk.
SPS 404.01(6)
(6) Hearing. A school whose approval has been denied or revoked as provided under sub.
(2m) or
(5) may request a hearing in conformance with the procedures in chs.
SPS 1 to
9.
SPS 404.01(7)
(7) Appeal. Any school who has contested an action under sub.
(6) may appeal the decision of the department before an administrative law judge. A request for such a hearing must be requested within 10 days of the effective date of the action taken. Notice of such hearing shall be sent to the school 10 days prior to the date of such hearing, giving the school notice of date, time and place.
SPS 404.01 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; am. (1),
Register, June, 1984, No. 342, eff. 7-1-84; r. and recr. (3),
Register, May, 1987, No. 377, eff. 7-1-87; emerg. am. (3), eff. 8-4-87; reprinted to correct error in (3),
Register, October, 1987, No. 382; am. (3),
Register, January, 1988, No. 385, eff. 2-1-88; cr. (1) (f), am. (3), (1) (e) renum. from EAB 4.06 (2) and am.,
Register, June, 1990, No. 414, eff. 7-1-90; am. (3),
Register, March, 1993, No. 447, eff. 4-1-93; renum. from EAB 5.02, r. (1), (5), (7), cr. (1) and (3), renum. (3) and (4) to be (4) and (5) and am. (4) (a) and (5), am. (6),
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: am. (1), (2), (5) and (6), cr. (2m), (4m), (5m), (6) (b) and (7),
Register April 2003 No. 568, eff. 5-1-03; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2006 No. 604; correction in (1), (2), (2m), (4), (4m) (intro.), (a), (5m) (b), (6), (7) made under s. 13.92 (4) (b) 6., Stats., and correction in (1), (2m), (4) (b), (4m) (intro.), (5) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2017 No. 743;
CR 20-004: r. and recr. (6) Register June 2020 No. 774, eff. 7-1-20.
SPS 404.02
SPS 404.02 Approval of schools prior to operation. SPS 404.02(1)(1)
Criteria. Schools planned or proposed for operation can be approved upon application as provided by s.
SPS 404.03 which gives evidence that the planned or proposed school meets approval requirements.
SPS 404.02(2)
(2) Period of initial approval. A school not yet in operation may be approved for a period of operation not to exceed 6 months. Prior to beginning the second month of operation, the school shall submit to the department full descriptions of physical space, materials, and equipment in use and qualifications of instructional staff currently employed.
SPS 404.02 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; am. (1),
Register, June, 1990, No. 414, eff. 7-1-90; renum. from EAB 5.03, am. (1), r. (3),
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: am. (1)
Register April 2003 No. 568, eff. 5-1-03; correction in (1) made under s.
13.92 (4) (b) 7., Stats., and correction in (2) made under s.
13.92 (4) (b) 6., Stats.,
Register November 2017 No. 743.
SPS 404.03(1)(1)
No school shall be approved unless it makes application, through its officers or an owner, upon department forms. An application for approval shall include, at a minimum:
SPS 404.03(1)(b)
(b) Bylaws and regulations established for the school's governance and operation.
SPS 404.03(1)(c)
(c) A description of the degrees and programs offered, including learning outcomes.
SPS 404.03(1)(d)
(d) A copy of the enrollment agreement, if any, the school anticipates using in Wisconsin; meeting the requirements of ch.
SPS 406.
SPS 404.03(1)(e)
(e) A statement of its cancellation policy meeting the minimum requirements set out in ch.
SPS 408.
SPS 404.03(1)(g)
(g) A copy of all advertising recently used or reasonably expected to be used in Wisconsin by the school.
SPS 404.03(1)(h)
(h) A current balance sheet and income statement using department forms.
SPS 404.03(1)(j)
(j) A description of the school's location, buildings, and equipment.
SPS 404.03(1)(k)
(k) A list of faculty members indicating their education, preparation and experience.
SPS 404.03(1)(L)
(L) Documentation that applicable fire, safety, and health codes are met at schools and teaching locations (except for public school buildings).
SPS 404.03(1)(m)
(m) A statement that the school provides equal opportunity for all persons regardless of age, race, creed, disability, sex, religion, sexual preference, or political affiliation.
SPS 404.03(1)(n)
(n) Any other information so that the school and its programs may be evaluated according to the criteria set forth in s.
SPS 404.04.
SPS 404.03(2)
(2) Each application shall be accompanied by a school catalog or bulletin containing at a minimum:
SPS 404.03(2)(c)
(c) A calendar showing holidays, vacation periods, and the beginning and ending date of each term or semester.
SPS 404.03(2)(e)
(e) A description of the educational program, listing degrees and majors offered and a brief description of entrance and completion requirements.
SPS 404.03(2)(f)
(f) School policy and regulations regarding attendance, leave, absences, tardiness, standards of progress policy, grading policy, rules of conduct and a policy for handling student complaints.
SPS 404.03(2)(h)
(h) A schedule of tuition, fees, other charges and refund policy.
SPS 404.03 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; am. (1) (a), (b), (c) 9. and 10., (g) and (j), cr. (1) (c) 11.,
Register, June, 1990, No. 414, eff. 7-1-90; renum. from EAB 5.05 and r. and recr. (1) and (2),
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: am. (1) (i) and (n)
Register April 2003 No. 568, eff. 5-1-03; correction in (1) (intro.), (h) made under s.
13.92 (4) (b) 6., Stats., and correction in (1) (d), (e), (i), (n) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2017 No. 743.
SPS 404.04
SPS 404.04 Criteria for approval of schools and programs of instruction. SPS 404.04(1)(a)(a) The program, curriculum and instruction must be of such quality, content and length as may reasonably and adequately achieve the stated objective for which offered and comparable to similar programs in approved schools.
SPS 404.04(1)(b)
(b) The administrators and instructors of the school shall have suitable educational qualifications and experience, and be of good reputation and character.
SPS 404.04(1)(c)
(c) The school shall have a sufficient number of instructors to provide adequate student-teacher ratios.
SPS 404.04(1)(cm)
(cm) The school shall demonstrate that its instructors have the occupational, academic and teaching qualifications needed for the programs they teach.
SPS 404.04(1)(d)
(d) The approval of programs, which are innovative and not comparable to currently approved private or public programs, shall be based on demonstrable quality and documented labor market needs, a description of the program development process and evidence of third-party review.
SPS 404.04(2)
(2) Facilities. The school shall have adequate space, suitable and sufficient equipment, and sufficient and appropriate instructional materials to carry out its program.
SPS 404.04(3)
(3) Advertising. All advertising and promotional materials shall be consistent with the requirements set forth in ch.
SPS 405.
SPS 404.04(4)
(4) Refund policy. The school shall have a policy for refund of unused portions of tuition, fees and other charges at least equal to the established minimum standards as set forth in ch.
SPS 408.
SPS 404.04(5)(a)
(a) A school may not deny enrollment to any student, or make any distinction or classification of students, solely on account of sex, race or creed.
SPS 404.04(5)(b)
(b) A school must make reasonable accommodations for students and employees with disabilities.
