Register June 2020 No. 774
Chapter SPS 404
APPROVAL OF SCHOOLS
Approval of schools and courses of instruction.
Approval of schools prior to operation.
Application for approval.
Criteria for approval of schools and programs of instruction.
Approval of subjects and programs on a credit basis.
Financial stability and student protection.
Agent for service of process.
Investigation and review.
List of approved schools and courses of instruction.
Ch. SPS 404 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Chapter EAB 5 as it existed on December 31, 1972 was repealed and new chapter EAB 5 was created, Register, December, 1972, No. 204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
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.
Approval of schools and courses of instruction. SPS 404.01(1)(1)
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.
(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.
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.
A decision to deny initial school approval shall be sent by certified mail, return receipt requested, to the last address of record.
After a school is approved, it shall immediately report any significant changes in its program, facilities, finances or personnel.
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.
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)
(4m) Intermediate sanctions.
If a school fails to comply with the provisions under chs. SPS 404
, the department may progressively impose one or more of the following sanctions.
Require the submission and implementation of a school improvement plan to address or correct problems identified by the department.
Suspend the ability of a school to enroll students for one or more of the approved programs offered by the school.
Failure to maintain the standards or to comply with chs. SPS 404
or meet the requirements for approval shall result in revocation of either school or program approval, or both.
Refusal by a school to allow reasonable inspection or to supply information after written request therefor or failure to comply with chs. SPS 404
shall be grounds for revocation of approval.
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.
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.
A school whose approval has been denied or revoked as provided under sub. (2m)
may request a hearing in conformance with the procedures in chs. SPS 1
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
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.
Approval of schools prior to operation. SPS 404.02(1)(1)
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.
SPS 404.02 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
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:
Bylaws and regulations established for the school's governance and operation.
A description of the degrees and programs offered, including learning outcomes.
A copy of the enrollment agreement, if any, the school anticipates using in Wisconsin; meeting the requirements of ch. SPS 406
A statement of its cancellation policy meeting the minimum requirements set out in ch. SPS 408
A copy of all advertising recently used or reasonably expected to be used in Wisconsin by the school.
A current balance sheet and income statement using department forms.
A description of the school's location, buildings, and equipment.
A list of faculty members indicating their education, preparation and experience.
Documentation that applicable fire, safety, and health codes are met at schools and teaching locations (except for public school buildings).
A statement that the school provides equal opportunity for all persons regardless of age, race, creed, disability, sex, religion, sexual preference, or political affiliation.
Any other information so that the school and its programs may be evaluated according to the criteria set forth in s. SPS 404.04
Each application shall be accompanied by a school catalog or bulletin containing at a minimum: