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(a) Require the submission and implementation of a school improvement plan to address or correct problems identified by the department.
(b) Suspend the ability of a school to enroll students for one or more of the approved programs offered by the school.
(5)Revocation of approval.
(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.
(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.
(5m)Notice.
(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.
(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.
(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.
(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.
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 404.02Approval of schools prior to operation.
(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.
(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.
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 404.03Application for approval.
(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:
(a) Mission of the school.
(b) Bylaws and regulations established for the school’s governance and operation.
(c) A description of the degrees and programs offered, including learning outcomes.
(d) A copy of the enrollment agreement, if any, the school anticipates using in Wisconsin; meeting the requirements of ch. SPS 406.
(e) A statement of its cancellation policy meeting the minimum requirements set out in ch. SPS 408.
(f) A description of the school’s placement services.
(g) A copy of all advertising recently used or reasonably expected to be used in Wisconsin by the school.
(h) A current balance sheet and income statement using department forms.
(i) A surety bond as required by s. SPS 404.06.
(j) A description of the school’s location, buildings, and equipment.
(k) A list of faculty members indicating their education, preparation and experience.
(L) Documentation that applicable fire, safety, and health codes are met at schools and teaching locations (except for public school buildings).
(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.
(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.
(2)Each application shall be accompanied by a school catalog or bulletin containing at a minimum:
(a) Volume number and date of publication.
(b) Name of school and its governing body and officials.
(c) A calendar showing holidays, vacation periods, and the beginning and ending date of each term or semester.
(d) A mission statement.
(e) A description of the educational program, listing degrees and majors offered and a brief description of entrance and completion requirements.
(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.
(g) A description of the school’s self-evaluation process.
(h) A schedule of tuition, fees, other charges and refund policy.
(i) A description of the school’s placement services.
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 404.04Criteria for approval of schools and programs of instruction.
(1)Content and instruction.
(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.
(b) The administrators and instructors of the school shall have suitable educational qualifications and experience, and be of good reputation and character.
(c) The school shall have a sufficient number of instructors to provide adequate student-teacher ratios.
(cm) The school shall demonstrate that its instructors have the occupational, academic and teaching qualifications needed for the programs they teach.
(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.
(2)Facilities. The school shall have adequate space, suitable and sufficient equipment, and sufficient and appropriate instructional materials to carry out its program.
(3)Advertising. All advertising and promotional materials shall be consistent with the requirements set forth in ch. SPS 405.
(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.
(5)Access.
(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.
(b) A school must make reasonable accommodations for students and employees with disabilities.
(6)The school must be shown to be in sound financial condition.
(7)Outcomes and evaluation.
(a) A school shall have procedures to evaluate its educational programs, improve instruction and review overall operations.
(b) Evaluations shall include student, alumni and employer feedback on the effectiveness of the curriculum.
(c) The school shall provide annual enrollment information, using its definitions, delineating number of dropouts, completers, graduates and employed.
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 404.05Approval of subjects and programs on a credit basis.
(1)A school may measure a program in degree credits if:
(a) The program was approved as a degree program.
(2)A school may measure a program in vocational credits if the program was approved in vocational credits.
(3)A school which seeks approval to offer a new or revised program on a credit basis shall:
(a) Pay the fee specified in s. SPS 404.10 (3);
(b) Specify on the application for approval whether the school uses quarter or semester credits;
(c) Specify on the application for approval whether the school desires to use degree credits or vocational credits; and
(d) Meet the requirements of ss. SPS 404.05, 404.06, 404.07 and 404.08.
(4)A school which seeks approval to convert an approved program from hours to credits shall:
(a) Pay the fee specified in s. SPS 404.10 (3);
(b) Specify on the application for approval whether the school uses quarter or semester credits;
(c) Specify on the application for approval whether the school desires to use degree credits or vocational credits; and
(d) Meet the requirements of ss. SPS 404.05, 404.06, 404.07 and 404.08.
(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:
(a) Award one quarter credit for no fewer than 10 hours of lecture, plus 20 hours of outside preparation or the equivalent.
(b) Award one quarter credit for no fewer than 20 hours of laboratory work plus necessary outside preparation.
(c) Award one quarter credit for no fewer than 30 hours of shop.
(d) Award one quarter credit for no fewer than 30 hours of off-campus practical training such as a residency, externship, internship, or practicum.
(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:
(a) Award one semester credit for no fewer than 15 hours of lecture, plus 30 hours of outside preparation or the equivalent.
(b) Award one semester credit for no fewer than 30 hours of laboratory work plus necessary outside preparation.
(c) Award one semester credit for no fewer than 45 hours of shop.
(d) Award one semester credit for no fewer than 45 hours of off-campus practical training such as a residency, externship, internship, or practicum.
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 404.06Financial stability and student protection.
(1)Surety bonds.
(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.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.