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.
SPS 404.04(6)
(6) The school must be shown to be in sound financial condition.
SPS 404.04(7)(a)
(a) A school shall have procedures to evaluate its educational programs, improve instruction and review overall operations.
SPS 404.04(7)(b)
(b) Evaluations shall include student, alumni and employer feedback on the effectiveness of the curriculum.
SPS 404.04(7)(c)
(c) The school shall provide annual enrollment information, using its definitions, delineating number of dropouts, completers, graduates and employed.
SPS 404.04 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; am. (3) (a) and (5), cr. (8),
Register, June, 1990, No. 414, eff. 7-1-90; renum. from EAB 5.06, am. (1) (a), (b), (c), (2), r. (1) (d), (3), (6) and (8), cr. (1) (d), (5), (7) and (8), renum. (4), (5) and (7) to be (3), (4) and (6) and am.,
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: r. (8)
Register April 2003 No. 568, eff. 5-1-03;
CR 03-126: cr. (1) (cm)
Register May 2004 No. 581, eff. 6-1-04; correction in (3), (4) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2017 No. 743.
SPS 404.05
SPS 404.05 Approval of subjects and programs on a credit basis. SPS 404.05(1)(1)
A school may measure a program in degree credits if:
SPS 404.05(2)
(2) A school may measure a program in vocational credits if the program was approved in vocational credits.
SPS 404.05(3)
(3) A school which seeks approval to offer a new or revised program on a credit basis shall:
SPS 404.05(3)(b)
(b) Specify on the application for approval whether the school uses quarter or semester credits;
SPS 404.05(3)(c)
(c) Specify on the application for approval whether the school desires to use degree credits or vocational credits; and
SPS 404.05(4)
(4) A school which seeks approval to convert an approved program from hours to credits shall:
SPS 404.05(4)(b)
(b) Specify on the application for approval whether the school uses quarter or semester credits;
SPS 404.05(4)(c)
(c) Specify on the application for approval whether the school desires to use degree credits or vocational credits; and
SPS 404.05(5)
(5) In addition to meeting the requirements in sub.
(3) or
(4) as appropriate, a school which seeks approval of a program measured on a quarter credit basis shall:
SPS 404.05(5)(a)
(a) Award one quarter credit for no fewer than 10 hours of lecture, plus 20 hours of outside preparation or the equivalent.
SPS 404.05(5)(b)
(b) Award one quarter credit for no fewer than 20 hours of laboratory work plus necessary outside preparation.
SPS 404.05(5)(c)
(c) Award one quarter credit for no fewer than 30 hours of shop.
SPS 404.05(5)(d)
(d) Award one quarter credit for no fewer than 30 hours of off-campus practical training such as a residency, externship, internship, or practicum.
SPS 404.05(6)
(6) In addition to meeting the requirements in sub.
(3) or
(4) as appropriate, a school which seeks approval of a program measured on a semester credit basis shall:
SPS 404.05(6)(a)
(a) Award one semester credit for no fewer than 15 hours of lecture, plus 30 hours of outside preparation or the equivalent.
SPS 404.05(6)(b)
(b) Award one semester credit for no fewer than 30 hours of laboratory work plus necessary outside preparation.
SPS 404.05(6)(c)
(c) Award one semester credit for no fewer than 45 hours of shop.
SPS 404.05(6)(d)
(d) Award one semester credit for no fewer than 45 hours of off-campus practical training such as a residency, externship, internship, or practicum.
SPS 404.05 History
History: Cr.
Register, June, 1990, No. 414, eff. 7-1-90; am. (3) (intro.), (a), (4) (intro.) and (5) (intro.), cr. (3m),
Register, March, 1993, No. 447, eff. 4-1-93; renum. from EAB 5.065, am. (1) (a), (2), (3), r. (1) (b), renum. (3m), (4), (5) to be (4), (5), (6) and am.,
Register, October, 1997, No. 502, eff. 12-1-97; correction in (3) (a), (d), (4) (a), (d)
Register November 2017 No. 743.
SPS 404.06
SPS 404.06 Financial stability and student protection. SPS 404.06(1)(a)(a) As a condition of obtaining and retaining approval, a school shall provide a surety bond on a form specified by the department. Except as provided in pars.
(b) and
(c), the amount of surety shall be the lesser of $25,000 or 125% of unearned tuition.
SPS 404.06(1)(b)
(b) No surety bond may be less than $1,000 or an amount equal to $2,000 for each representative the school employs.
SPS 404.06(1)(c)
(c) The bonding requirements set forth in this section may be reduced upon a determination that they are excessive in relation to the risk of economic loss to which Wisconsin residents are exposed in the case of any particular school, based upon evidence of a stable fiscal history, satisfactory completion and placement rates, accreditation by a recognized accrediting body or other stability criteria the schools may offer for department review.
SPS 404.06(1)(d)
(d) The bond shall be executed by the school as principal and by a surety company qualified and authorized to do business in the state of Wisconsin as a surety.
SPS 404.06(1)(e)
(e) A surety on a bond may be released after the surety has provided written notice directed to the department at least 30 days prior to the release.
SPS 404.06(2)(a)
(a) Except as provided under par.
(e), in addition to the fees under s.
SPS 404.10, a school shall pay a student protection fee.
SPS 404.06(2)(b)2.
2. If at any time the appropriation balance of s.
20.165 (1) (jr), Stats., is less than $500,000, at a rate determined by the department based on a multiplier equal to the percentage of all schools' total adjusted gross annual revenue needed to bring the appropriation under s.
20.165 (1) (jr), Stats., to $500,000, but not to exceed $10,000 for an individual school.
