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Register April 2006 No. 604
Chapter EAB 4
APPROVAL OF SCHOOLS
EAB 4.01 Approval of schools and courses of instruction.
EAB 4.02 Approval of schools prior to operation.
EAB 4.03 Application for approval.
EAB 4.04 Criteria for approval of schools and programs of instruction.
EAB 4.05 Approval of subjects and programs on a credit basis.
EAB 4.06 Financial stability and student protection.
EAB 4.07 Agent for service of process.
EAB 4.08 Investigation and review.
EAB 4.09 List of approved schools and courses of instruction.
EAB 4.10 Fees.
Ch. EAB 4 Note Note: Chapter EAB 5 as it existed on December 31, 1972 was repealed and new chapter EAB 5 was created, Register, December, 1972, No. 204, effective January 1, 1973; Chapter EAB 2 was renumbered Chapter EAB 5, Register, June,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.
Ch. EAB 4 Note Note: A person may obtain school approval and surety bond forms by writing the Educational Approval Board at P.O. Box 8696, Madison, WI 53708-8696, by telephoning (608) 266–1996, or by visiting the board's website at http://eab.state.wi.us.
EAB 4.01 EAB 4.01 Approval of schools and courses of instruction.
EAB 4.01(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. 38.50 (1) (e), Stats. The board may issue a cease and desist order to any school that is in violation of this subsection.
EAB 4.01(2) (2)Investigation and inspection. Upon application, the board 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.
EAB 4.01(2m) (2m)Denial of approval.
EAB 4.01(2m)(a)(a) The board may deny an initial request for school or program approval if the school fails to provide the information required under s. EAB 4.03 or fails to meet the criteria under s. EAB 4.04, as determined by the board.
EAB 4.01(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.
EAB 4.01(3) (3) Compliance. After a school is approved, it shall immediately report any significant changes in its program, facilities, finances or personnel.
EAB 4.01(4) (4)Renewal of approval.
EAB 4.01(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 board forms and submit the appropriate fee.
EAB 4.01(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. EAB 4.10 (1) requires.
EAB 4.01(4m) (4m)Intermediate sanctions. If a school fails to comply with the provisions under chs. EAB 4 to 11, the board may progressively impose one or more of the following sanctions.
EAB 4.01(4m)(a) (a) Require the submission and implementation of a school improvement plan to address or correct problems identified by the board.
EAB 4.01(4m)(b) (b) Suspend the ability of a school to enroll students for one or more of the approved programs offered by the school.
EAB 4.01(5) (5)Revocation of approval.
EAB 4.01(5)(a)(a) Failure to maintain the standards or to comply with chs. EAB 4 to 11 or meet the requirements for approval shall result in revocation of either school or program approval, or both.
EAB 4.01(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. EAB 4 to 11 shall be grounds for revocation of approval.
EAB 4.01(5m) (5m)Notice.
EAB 4.01(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.
EAB 4.01(5m)(b) (b) The board may revoke a school's approval without notice if it determines that the health, safety, or financial welfare of any person is at risk.
EAB 4.01(6) (6)Hearing.
EAB 4.01(6)(a)(a) A school whose approval has been denied or revoked as provided under sub. (2m) or (5) may request a hearing before the board to contest the action taken. Such a hearing must be requested within 10 days after receiving notice. If a hearing is requested it will be held within a reasonable time after receipt of the request. 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.
EAB 4.01(6)(b) (b) Except as provided under sub. (5m) (b), if a school requests a hearing to contest an action under sub. (5), the board shall not revoke the school's approval until a hearing has been held and a final decision has been rendered.
EAB 4.01(7) (7)Appeal. Any school who has contested an action under sub. (6) may appeal the decision of the board 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.
EAB 4.01 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.
EAB 4.02 EAB 4.02 Approval of schools prior to operation.
EAB 4.02(1)(1)Criteria. Schools planned or proposed for operation can be approved upon application as provided by s. EAB 4.03 which gives evidence that the planned or proposed school meets approval requirements.
EAB 4.02(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 board full descriptions of physical space, materials, and equipment in use and qualifications of instructional staff currently employed.
EAB 4.02 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.
EAB 4.03 EAB 4.03 Application for approval.
EAB 4.03(1) (1) No school shall be approved unless it makes application, through its officers or an owner, upon board forms. An application for approval shall include, at a minimum:
EAB 4.03(1)(a) (a) Mission of the school;
EAB 4.03(1)(b) (b) Bylaws and regulations established for the school's governance and operation;
EAB 4.03(1)(c) (c) A description of the degrees and programs offered, including learning outcomes;
EAB 4.03(1)(d) (d) A copy of the enrollment agreement, if any, the school anticipates using in Wisconsin; meeting the requirements of ch. EAB 6;
EAB 4.03(1)(e) (e) A statement of its cancellation policy meeting the minimum requirements set out in ch. EAB 8;
EAB 4.03(1)(f) (f) A description of the school's placement services;
EAB 4.03(1)(g) (g) A copy of all advertising recently used or reasonably expected to be used in Wisconsin by the school;
EAB 4.03(1)(h) (h) A current balance sheet and income statement using board forms;
EAB 4.03(1)(i) (i) A surety bond as required by s. EAB 4.06;
EAB 4.03(1)(j) (j) A description of the school's location, buildings, and equipment.
EAB 4.03(1)(k) (k) A list of faculty members indicating their education, preparation and experience;
EAB 4.03(1)(L) (L) Documentation that applicable fire, safety, and health codes are met at schools and teaching locations (except for public school buildings).
EAB 4.03(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.
EAB 4.03(1)(n) (n) Any other information so that the school and its programs may be evaluated according to the criteria set forth in s. EAB 4.04.
EAB 4.03(2) (2) Each application shall be accompanied by a school catalog or bulletin containing at a minimum:
EAB 4.03(2)(a) (a) Volume number and date of publication.
EAB 4.03(2)(b) (b) Name of school and its governing body and officials.
EAB 4.03(2)(c) (c) A calendar showing holidays, vacation periods, and the beginning and ending date of each term or semester.
EAB 4.03(2)(d) (d) A mission statement.
EAB 4.03(2)(e) (e) A description of the educational program, listing degrees and majors offered and a brief description of entrance and completion requirements.
EAB 4.03(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.
EAB 4.03(2)(g) (g) A description of the school's self-evaluation process.
EAB 4.03(2)(h) (h) A schedule of tuition, fees, other charges and refund policy.
EAB 4.03(2)(i) (i) A description of the school's placement services.
EAB 4.03 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.
EAB 4.04 EAB 4.04 Criteria for approval of schools and programs of instruction.
EAB 4.04(1) (1)Content and instruction.
EAB 4.04(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.
EAB 4.04(1)(b) (b) The administrators and instructors of the school shall have suitable educational qualifications and experience, and be of good reputation and character.
EAB 4.04(1)(c) (c) The school shall have a sufficient number of instructors to provide adequate student-teacher ratios.
EAB 4.04(1)(cm) (cm) The school shall demonstrate that its instructors have the occupational, academic and teaching qualifications needed for the programs they teach.
EAB 4.04(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.
EAB 4.04(2) (2)Facilities. The school shall have adequate space, suitable and sufficient equipment, and sufficient and appropriate instructional materials to carry out its program.
EAB 4.04(3) (3)Advertising. All advertising and promotional materials shall be consistent with the requirements set forth in ch. EAB 5.
EAB 4.04(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. EAB 8.
EAB 4.04(5) (5)Access.
EAB 4.04(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.
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