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.
SPS 404.06(2)(c)
(c) The fee shall paid at the same time the school makes its second payment annual renewal fee as required under s.
SPS 404.10 (2) (d) and is due no later than March 1 of the calendar year for which the school is applying for renewal.
SPS 404.06(2)(d)
(d) A school that makes the student protection fee payment required after March 1, shall pay for each month or part of a month the payment is late, a late fee of $50 or 1.5% of the student protection fee payment, whichever is greater.
SPS 404.06(2)(e)
(e) The department shall discontinue collecting student protection fees under this subsection during the period that the balance of the appropriation under s.
20.165 (1) (jr), Stats., exceeds $1,000,000.
SPS 404.06(3)
(3) Use of surety bonds and student protection funding. SPS 404.06(3)(a)(a) The department may use a surety bond on which it has collected to provide indemnification to any student, parent, guardian, or sponsor suffering loss or damage as a result of the following.
SPS 404.06(3)(a)1.
1. Fraud or false representation used in procuring a student's enrollment.
SPS 404.06(3)(a)3.
3. A student being unable to complete the program or programs because the school failed to perform its contractual obligations.
SPS 404.06(3)(b)
(b) Indemnification under this section may not exceed the advanced tuition, book fees, supply fees, or equipment fees paid or liable to be paid for regardless of the number of years that a school's bond is in force. The aggregate liability of the surety bond may not exceed the penal sum of the bond. The surety bond may be continuous.
SPS 404.06(3)(c)
(c) To the extent that the surety bond is unable to fully cover the losses incurred by a student, parent, guardian, or sponsor when a school closes, the department may authorize the full or partial payment of those losses from the student protection appropriation under s.
20.165 (1) (jr), Stats.
SPS 404.06(3)(d)
(d) The department may use a surety bond on which is has collected or funds from the student protection appropriation to arrange for a teach–out of students.
SPS 404.06 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; am. (2),
Register, June, 1990, No. 414, eff. 7-1-90; renum. from EAB 5.07, am. (1) and (5), renum. (2) to be (3) and am., cr. (2),
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: am. (1), (3) and (5), cr. (6)
Register April 2003 No. 568, eff. 5-1-03;
CR 03-126: r. and recr.
Register May 2004 No. 581, eff. 6-1-04;
CR 05-112: am. (2) (b) (intro.), cr. (2) (b) 1. and 2.
Register April 2006 No. 604, eff. 5-1-06; corrections in (2) (e) and (3) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2006 No. 604; correction in (1) (a), (c), (e), (2) (b) 2., (e), (3) (a), (c), (d) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) (a), (b) 1., 2., (c), (e), (3) (a) 2., 4., (c) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2017 No. 743; correction in (3) (a) 2. made under s. 13.92 (4) (b) 7., Stats.,
Register December 2018 No. 756.
SPS 404.07
SPS 404.07 Agent for service of process. SPS 404.07(1)(1)
All schools seeking approval must provide the name and Wisconsin address of a designated agent upon whom any process, notice, or demand may be served.
SPS 404.07(2)
(2) If during any period a school fails to appoint or maintain in this state an agent for service of process, such failure shall be cause for revocation of approval.
SPS 404.07(3)
(3) Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a foreign corporation in any other manner now or hereafter permitted by law.
SPS 404.07 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; renum. from EAB 5.08 and am. (1) and (2),
Register, October, 1997, No. 502, eff. 12-1-97; correction in (1) made under s.
13.92 (4) (b) 6., Stats.,
Register November 2017 No. 743;
CR 20-004: am. (1) Register June 2020 No. 774, eff. 7-1-20.
SPS 404.08(1)(1)
Periodic Review. The department shall investigate and evaluate all approved schools and programs. The method of review shall include:
SPS 404.08(1)(a)
(a) Information from the following: federal trade commission, better business bureaus, the Wisconsin department of justice, other state or other official approval agencies, local school officials or interested persons.
SPS 404.08(1)(c)
(c) Conferences with officials or representatives of the school involved or with interested persons including former students or parents of former students.
SPS 404.08(2)
(2) Complaints. In addition to investigation upon its own initiative, the department may investigate any school and its programs upon receipt of a complaint from an interested person.
SPS 404.08(2)(a)
(a) A student with a complaint against a school shall make a reasonable effort to resolve the complaint directly with the school.
SPS 404.08(2)(b)
(b) The department shall conduct an investigation upon receipt of a written complaint filed within one year after the student's last recorded date of attendance;
SPS 404.08(2)(b)1.
1. If preliminary findings indicate a violation of s.
440.52, Stats., or chs.
SPS 404 to
411, or of an established school policy, the department shall attempt, through mediation to bring about a settlement.
SPS 404.08(2)(b)2.
2. If a settlement proposed by the department is rejected by a school, the department may conduct a hearing and impose any of the intermediate sanctions under s.
SPS 404.01 (4m) or subject the school to a summary suspension of its approval.
SPS 404.08(2)(b)3.
3. If a complaint charging fraud or false representation used in procuring a student's enrollment is upheld and if a settlement cannot be reached, the department shall make a demand upon the schools bond and if not paid shall bring action in any court in the state of Wisconsin.
SPS 404.08 History
History: Cr.
Register, October, 1997, No. 502, eff. 12-1-97;
CR 02-135: am. (2) (b) 1. and r. and recr. (2) (b) 2.
Register April 2003 No. 568, eff. 5-1-03; correction in (2) (b) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2006 No. 604; correction in (1), (2) (intro.), (b) made under s. 13.92 (4) (b) 6., Stats., and correction in (2) (b) 1., 2. made under s. 13.92 (4) (b) 7., Stats.,
Register November 2017 No. 743.
SPS 404.09
SPS 404.09 List of approved schools and courses of instruction. A directory of approved schools and programs shall be distributed to all approved schools and to others upon request.
SPS 404.09 History
History: Cr.
Register, December, 1972, No. 204, eff. 1-1-73; renum. from EAB 5.10, am. (1), r. (2),
Register, October, 1997, No. 502, eff. 12-1-97.
SPS 404.10(1)(a)(a) A school which is not approved to operate or do business in this state and which is applying for approval shall pay a fee of:
SPS 404.10(1)(a)1.
1. $2,000, if the school is applying for approval of one program which does not lead to a degree.
SPS 404.10(1)(a)2.
2. $2,500, if the school is applying for approval of one program which leads to an associate degree.
SPS 404.10(1)(a)3.
3. $3,300, if the school is applying for approval of one program which leads to a baccalaureate degree.
SPS 404.10(1)(a)4.
4. $3,900, if the school is applying for approval of one program which leads to a master's degree.
SPS 404.10(1)(a)5.
5. $5,100, if the school is applying for approval of one program which leads to a doctoral degree.
SPS 404.10(1)(b)
(b) If the school is applying for approval of more than one program, the school shall pay the highest applicable fee specified in par.
(a), plus the fee specified in sub.
(3) for each additional program for which the school requests approval.
SPS 404.10(1)(c)
(c) If the school is applying for approval of additional teaching locations, the school shall pay, in addition to the fee specified in par.
(a), the fee specified in sub.
(4) for each teaching location.
SPS 404.10(1)(d)
(d) The fees specified in par.
(a) shall be reduced by 50% of the program fee specified in sub.
(3) for a program of the same level if all of the following conditions are met:
SPS 404.10(1)(d)1.
1. The school making application for approval of the program is incorporated in a state other than Wisconsin, has its main campus outside Wisconsin, and offers in Wisconsin only programs leading to a baccalaureate or higher degree.
SPS 404.10(1)(d)2.
2. The school presents written evidence of authorization from its home state to offer the program and degree which it desires to offer to Wisconsin residents. The evidence which the school submits to meet this requirement shall include unabridged copies of all findings and program reviews which the home state authorizing agency completed regarding the program.
SPS 404.10(1)(d)3.
3. If the school is requesting authorization to enroll Wisconsin residents in a program which it offers in a state other than its home state, the school presents written evidence of program and degree authorization from the state in which the program is offered. The evidence which the school submits to meet this requirement shall include unabridged copies of all findings and program reviews which the state authorizing agency completed regarding the program.
SPS 404.10(1)(d)4.
4. The school presents written evidence that it is accredited by an accrediting agency recognized by the U. S. department of education to offer the program and degree which it desires to offer to Wisconsin residents. The evidence which the school submits to meet this requirement shall include unabridged copies of all self-studies which the school submitted to the accrediting agency and unabridged copies of all findings and reviews which the accrediting agency completed regarding the program.
SPS 404.10(1)(d)5.
5. The school presents written evidence that its home state gives similar Wisconsin schools at least an equivalent fee reduction in comparable licensing and oversight fees. The evidence which the school submits to meet this requirement shall include a copy of the applicable statutory and regulatory language from the home state.
SPS 404.10(1)(e)
(e) If the department denies an initial school approval under s.
SPS 404.01 (2m), the fees collected under this subsection shall be returned.
SPS 404.10(2)(a)(a) Renewal of approval shall not be for not more than one calendar year. Except as provided in par.
(b), a school applying for renewal of approval shall pay renewal fees as provided in pars.
(c) and
(d).
SPS 404.10(2)(b)
(b) A school that has not violated s.
440.52 (10), Stats., prior to the effective date of approval need not pay the first payment in the calendar year in which the school paid in full the fees required by sub.
(3), but may defer that payment until March 1 of the following year.
SPS 404.10(2)(c)
(c) A school requesting inactive status shall make a first payment in the amount of $100, no later than September 1 prior to the calendar year for which the school is applying for renewal of approval and shall make a second payment, in the amount determined as provided in par.
(d), no later than March 1 of the calendar year for which the school is applying for renewal of approval. If the school resumes active status during the calendar year for which the school is applying for renewal of approval, the school shall make a third payment. The third payment shall be in the amount of $100 for each full calendar month and any portion of a calendar month which is remaining in the calendar year as of the date of resumption of active status, and shall be due by the date of resumption of active status.
SPS 404.10(2)(d)1.
1. Each approved school shall make a first payment, in the amount of $500, no later than September 1 prior to the calendar year for which the school is applying for renewal of approval. Each approved school shall make a second renewal payment, in the amount determined as provided in subds.
2. through
4. no later than March 1 of the calendar year for which the school is applying for renewal of approval.
SPS 404.10(2)(d)2.
2. The department shall levy a second renewal fee based on the approved school's adjusted gross annual revenues and set the fee multiplier for 2 year periods at a time.
SPS 404.10(2)(d)3.
3. The fee shall be in the form of multiplier equal to the percentage of all schools' total adjusted gross annual revenue needed to equal the cost of regulating schools subject to s.
440.52 (10), Stats., less revenue from all other fees.
SPS 404.10(2)(d)4.
4. The multiplier derived in subd.
3. shall be applied to each school's adjusted gross annual revenue to determine its second renewal payment.
SPS 404.10(2)(e)
(e) If a school fails or refuses to provide reliable financial information with which to determine the amount of the second payment, the department may revoke the approval of the school or may use other means to compare the school with other schools by size, estimate the adjusted gross annual revenues of the school and require a second payment based on the estimated adjusted gross annual revenues of the school. The department may also request the department of justice or any district attorney to take action under any other applicable provision of law.
SPS 404.10(2)(f)
(f) A school which submits an application for renewal of approval or makes the first payment required under par.
(c) or
(d) after September 1, or which makes the second payment required under par.
(c) or
(d) after March 1, shall pay, for each month or part of a month the application or payment is late, a fee of $50 or 1.5% of any late first or second payment, whichever is greater, in addition to the fees specified in par.
(c) or
(d).
SPS 404.10(2)(g)
(g) The department may waive a fee under this subsection if it is less than $50.
SPS 404.10(3)(a)(a) When applying for approval of a new or revised program, a school shall pay the following fee:
SPS 404.10(3)(a)1.
1. $1,500, if the program for which the school seeks approval does not lead to a degree.
SPS 404.10(3)(a)2.
2. $2,000, if the program for which the school seeks approval leads to an associate degree.
SPS 404.10(3)(a)3.
3. $3,000, if the program for which the school seeks approval leads to a baccalaureate degree.
SPS 404.10(3)(a)4.
4. $3,500, if the program for which the school seeks approval leads to a master's degree.
SPS 404.10(3)(a)5.
5. $4,500, if the program for which the school seeks approval leads to a doctoral degree.
SPS 404.10(3)(b)
(b) If a school's ongoing program modifications result in more than a 50% change in program content within 3 years, it shall pay the fee specified in par.
(a).
SPS 404.10(3)(c)
(c) The fees specified in par.
(a) shall be reduced by 25% if the program for which the school requests approval meets all of the following conditions:
SPS 404.10(3)(c)1.
1. The program prepares students to meet the occupational licensing requirements of an agency of this state.
SPS 404.10(3)(c)3.
3. The agency to which subd.
1. refers has notified the department in writing that successful completion of the program will meet the educational requirements for initial licensure in the occupation.
SPS 404.10(4)
(4) Fee for approval of teaching locations. A school shall pay a fee of $200 when applying for approval of a teaching location.
SPS 404.10(5)(a)
(a) Approval of a school terminates at the time when the ownership or control of the school changes from that indicated on the school's most recent application unless the school files within 10 business days after the change of ownership or control a complete application for approval after a change of ownership or control under par.
(c).
SPS 404.10(5)(b)
(b) An approved school shall notify the department of any anticipated change of ownership or control at least 30 days prior to the change of ownership or control.
