Chapter 440

440.52(11)(b) (b)

440.52(11)(b)1. 1. If a school operating in this state discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the department, if the student records of the school are not taken into possession under subd. 2., and if the department determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department may take possession of those student records.

440.52(11)(b)2. 2. If a school operating in this state that is a member of the association discontinues its operations, proposes to discontinue its operations, or is in imminent danger of discontinuing its operations as determined by the association and if the association determines that the student records of the school are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the association shall take possession of those student records.

440.52(11)(c) (c) If necessary to protect student records from being destroyed, secreted, mislaid, or otherwise made unavailable to the persons who are the subjects of those student records or the authorized representatives of those persons, the department or association may seek a court order authorizing the department or association to take possession of those student records.

440.52(11)(d) (d) The department or association shall preserve a student record that comes into the possession of the department or association under par. (b) 1. or 2. and shall keep the student record confidential as provided under 20 USC 1232g and 34 CFR part 99. A student record in the possession of the department is not open to public inspection or copying under s. 19.35 (1). Upon request of the person who is the subject of a student record or an authorized representative of that person, the department or association shall provide a copy of the student record to the requester. The department or association may charge a fee for providing a copy of a student record. The fee shall be based on the administrative cost of taking possession of, preserving, and providing the copy of the student record. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jv).

440.52(12) (12) Use of certain terms prohibited.

440.52(12)(a) (a) No person that holds itself out to the public in any way as a legitimate institution of higher education may use the term “college” or “university” in the person’s name unless the person provides an educational program for which the person awards an associate or higher degree and the person has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation. This paragraph does not apply to any of the following:

440.52(12)(a)1. 1. A school that was doing business in this state with the approval of the educational approval board under s. 38.50, 2007 stats., prior to May 27, 2010.

440.52(12)(a)1m. 1m. A person described in sub. (1) (e) 1. whose administrative headquarters and principal place of business is in the village of Union Grove that provides a residential facility located in that village to assist young adults with disabilities in transitioning from home and school to work and independent living.

440.52(12)(a)2. 2. A person described in sub. (1) (e) 3. to 7. that was doing business in this state prior to May 27, 2010.

440.52(12)(b) (b) No school, including a school described in sub. (1) (e) 1. to 8., may use the term “state” or “Wisconsin” in its name if the use of that term operates to mislead the public into believing that the school is affiliated with the University of Wisconsin System or the technical college system, unless the school actually is so affiliated. This paragraph does not apply to a school described in sub. (1) (e) 1. that has accreditation recognized by the U.S. secretary of education, has the foreign equivalent of that accreditation, as determined by the department, or has accreditation recognized by the Council for Higher Education Accreditation.

440.52(12)(c) (c) The attorney general or any district attorney may bring an action in circuit court for the enforcement of this subsection, including bringing an action to restrain by temporary or permanent injunction any violation of par. (a) or (b).

440.52(12)(d) (d) Any person who violates par. (a) or (b) may be required to forfeit not more than $500. Each day of operation in violation of par. (a) or (b) constitutes a separate offense.

440.52(12)(e) (e) In addition to any other remedies provided by law, a student who attends a school that is in violation of par. (a) or (b) may bring a civil action to recover fees paid to the school, together with costs and disbursements, including reasonable attorney fees.

440.52(13) (13) False academic credentials.

440.52(13)(a) (a) In this subsection:

440.52(13)(a)1. 1. “Academic credential” means a degree, transcript, certificate, or other similar document that indicates the completion of a program, course, or course of instruction leading to, or the earning of academic credit toward, the granting of an associate, baccalaureate, or graduate degree.

440.52(13)(a)2. 2. “Authorized institution of higher education” means an educational institution that meets any of the following requirements:

440.52(13)(a)2.a. a. Has accreditation recognized by the U.S. secretary of education; has the foreign equivalent of that accreditation, as determined by the department; or has accreditation recognized by the Council for Higher Education Accreditation.

440.52(13)(a)2.b. b. Is approved by the department to operate in this state.

440.52(13)(a)2.c. c. Operates in this state and is a school described in sub. (1) (e) 1. to 8.

440.52(13)(a)2.d. d. Does not operate in this state, but is licensed or otherwise approved by the appropriate state agency of another state and is an active applicant for accreditation by an accrediting body recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation.

440.52(13)(a)2.e. e. Has been found by the department to meet standards of academic quality comparable to those of an educational institution located in the United States that has accreditation recognized by the U.S. secretary of education or by the Council for Higher Education Accreditation to offer credentials of the type and level claimed.

440.52(13)(a)3. 3. “False academic credential” means an academic credential issued or manufactured by a person that is not an authorized institution of higher education.

440.52(13)(a)4. 4. “Legitimate academic credential” means an academic credential issued by an authorized institution of higher education.

440.52(13)(b) (b) Any person who knowingly issues or manufactures a false academic credential is guilty of a Class A misdemeanor.

440.52(13)(c) (c) Any person who knowingly uses a false academic credential, or who falsely claims to have a legitimate academic credential, as follows may be required to forfeit not more than $1,000:

440.52(13)(c)1. 1. In any communication to a client or to the general public, in connection with any business, trade, profession, or occupation.

440.52(13)(c)2. 2. For the purpose of obtaining a license or other approval required to practice a trade, profession, or occupation.

440.52(13)(c)3. 3. For the purpose of obtaining admission to an authorized institution of higher education.

440.52(13)(c)4. 4. For the purpose of obtaining an employment position with a state agency or with a political subdivision of the state, including an elective or appointive position, whether compensated or not; of obtaining a promotion, transfer, or reassignment from such a position; or of obtaining an increase in compensation or benefits for such a position.

440.52(13)(d) (d) The department may charge a fee for evaluating an educational institution under par. (a) 2. e. in an amount that is sufficient to cover all costs that the department incurs in evaluating the institution. All fees collected by the department under this paragraph shall be credited to the appropriation account under s. 20.165 (1) (jr).

440.52 History History: 2005 a. 25 ss. 725g, 735c to 735x; Stats. 2005 s. 38.50; 2009 a. 300; 2011 a. 32; 2015 a. 208; 2017 a. 59 ss. 663m to 704m, 1936am to 1936zm; Stats. 2017 s. 440.52.

440.52 Cross-reference Cross-reference: See also chs. SPS 401, 404, 405, 406, 407, 408, 409, 410, and 411, Wis. adm. code.

440.52 Annotation A Wisconsin corporation offering programs that lead to certification for teachers and other school personnel was not subject to regulation as a trade or technical school. Norda, Inc. v. Wisconsin Educational Approval Board, 2006 WI App 125, 294 Wis. 2d 686, 718 N.W.2d 236, 05-2335.

subch. VI of ch. 440 SUBCHAPTER VI

BARBERING AND COSMETOLOGY SCHOOLS

440.60 440.60 Definitions. As used in this subchapter unless the context requires otherwise:

440.60(1) (1) “Aesthetician” has the meaning specified in s. 454.01 (1).

440.60(2) (2) “Aesthetics” has the meaning specified in s. 454.01 (2).

440.60(4e) (4e) “Barber” has the meaning specified in s. 454.20 (1).

440.60(4m) (4m) “Barbering” has the meaning specified in s. 454.20 (2).

440.60(5e) (5e) “Cosmetologist” has the meaning specified in s. 454.01 (7e).

440.60(5m) (5m) “Cosmetology” has the meaning specified in s. 454.01 (7m).

440.60(6) (6) “Electrologist” has the meaning specified in s. 454.01 (8).

440.60(7) (7) “Electrology” has the meaning specified in s. 454.01 (9).

440.60(8) (8) “Establishment” has the meaning specified in s. 454.01 (10).

440.60(11) (11) “Manicuring” has the meaning specified in s. 454.01 (13).

440.60(12) (12) “Manicurist” has the meaning specified in s. 454.01 (14).

440.60(13) (13) “Practical instruction” means training through action or direct contact with a patron or model other than a mannequin.

440.60(14) (14) “School” means any facility, other than a specialty school, that offers instruction in barbering, cosmetology, aesthetics, electrology, or manicuring.

440.60(15) (15) “Specialty school” means an establishment that offers instruction in aesthetics, electrology or manicuring.

440.60(16) (16) “Student” has the meaning specified in s. 454.01 (15).

440.60(17) (17) “Theoretical instruction” means training through the study of principles and methods.

440.60(18) (18) “Training hour” has the meaning specified in s. 454.01 (16).

440.60 History History: 1987 a. 265; 2011 a. 190; 2017 a. 82.

440.61 440.61 Applicability. This subchapter does not apply to any of the following:

440.61(1) (1) Schools regulated or approved by the technical college system board.

440.61(2) (2) Schools operated by the department of health services or the department of corrections.

440.61 History History: 1987 a. 265; 1989 a. 31, 107; 1993 a. 399; 1995 a. 27 ss. 6587, 9126 (19); 2007 a. 20 s. 9121 (6) (a).

440.62 440.62 School and specialty school licensure.

440.62(1) (1) License required.

440.62(1)(a) (a) No person may operate a school unless the school holds a current license as a school of barbering, cosmetology, aesthetics, electrology, or manicuring, as appropriate, issued by the department.

440.62(1)(b) (b) No person may operate a specialty school unless the specialty school holds a current license as a specialty school of aesthetics, electrology or manicuring issued by the department.

440.62(1)(c) (c) No school may use the title “school of barbering” or any similar title unless the school holds a current school of barbering license issued by the department.

440.62(1)(cm) (cm) No school may use the title “school of cosmetology” or any similar title unless the school holds a current school of cosmetology license issued by the department.

440.62(1)(d) (d) No school may use the title “school of aesthetics” or any similar title unless the school holds a current school of aesthetics license issued by the department.

440.62(1)(e) (e) No school may use the title “school of electrology” or any similar title unless the school holds a current school of electrology license issued by the department.

440.62(1)(f) (f) No school may use the title “school of manicuring” or any similar title unless the school holds a current school of manicuring license issued by the department.

440.62(1)(g) (g) No specialty school may use the title “specialty school of aesthetics” or any similar title unless the specialty school holds a current specialty school of aesthetics license issued by the department.

440.62(1)(h) (h) No specialty school may use the title “specialty school of electrology” or any similar title unless the specialty school holds a current specialty school of electrology license issued by the department.

440.62(1)(i) (i) No specialty school may use the title “specialty school of manicuring” or any similar title unless the specialty school holds a current specialty school of manicuring license issued by the department.

440.62(2) (2) Applications; license period; change of ownership.

440.62(2)(a) (a) An application for initial licensure or renewal or reinstatement of a license under this section shall be submitted to the department on a form provided by the department and shall be accompanied by the applicable fee determined by the department under s. 440.03 (9) (a). Each application shall be accompanied by a surety bond acceptable to the department in the minimum sum of $25,000 for each location.

440.62(2)(b) (b) The department may require additional information to be submitted to accompany or supplement an application if the department determines that the information is necessary to evaluate whether the school or specialty school meets the requirements in this subchapter.

440.62(2)(c) (c) The department may require a school or specialty school to submit with an application a current balance sheet and income statement audited and certified by an independent auditor or certified public accountant. If the department receives a request to inspect a balance sheet, income statement or audit report, the department shall, before permitting an inspection, require the person requesting inspection to provide his or her full name and, if the person is representing another person, the full name and address of that person. Within 48 hours after permitting an inspection, the department shall mail to the person who submitted the balance sheet, income statement or audit report a notification that states the full name and address of the person who inspected the document and the full name and address of any person represented by the person who inspected the document. This paragraph does not apply to inspection requests made by state or federal officers, agents or employees which are necessary to the discharge of the duties of their respective offices.

440.62(2)(d) (d) Any change of ownership shall be reported to the department by the new owner within 5 days after the change of ownership. A change of ownership shall be submitted to the department on a form provided by the department and shall be accompanied by the change of ownership fee specified by the department by rule.

440.62(2)(e) (e) The department shall promulgate rules establishing the requirements for surety bonds under par. (a).

440.62(3) (3) School licenses.

440.62(3)(ag) (ag) School of barbering. The department shall issue a school of barbering license to each school that meets all of the following requirements:

440.62(3)(ag)1. 1. Satisfies the conditions in sub. (2).

440.62(3)(ag)2. 2. Requires as a prerequisite to graduation completion of a course of instruction in barbering of at least 1,000 training hours.

440.62(3)(ag)4. 4. If the school offers a course of theoretical instruction for apprentices under s. 454.26, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.

440.62(3)(ag)5. 5. Satisfies the requirements for schools of barbering established in rules promulgated under subs. (2) (e) and (5) (b) 2. and s. 440.64 (1) (b).

440.62(3)(ar) (ar) School of cosmetology license. The department shall issue a school of cosmetology license to each school that meets all of the following requirements:

440.62(3)(ar)1. 1. Satisfies the conditions in sub. (2).

440.62(3)(ar)2. 2. Requires as a prerequisite to graduation completion of a course of instruction in cosmetology of at least 1,550 training hours in not less than 10 months.

440.62(3)(ar)4. 4. If the school offers a course of theoretical instruction for apprentices under s. 454.10, requires as a prerequisite to completion of the course of instruction for those apprentices the completion of at least 288 training hours in not less than 9 weeks and not more than 2 years.

440.62(3)(ar)4m. 4m. If the school offers a course of instruction in barbering, the course of instruction satisfies the requirements under par. (ag) 2.