Responses Last Confirmed:

Wisconsin Educational Approval Program

Agency Contact

Educational Approval Program - Department of Safety and Professional Services
(608) 266-2112, option 8
dspseap@wisconsin.gov

Additional Contact

Secretary of State Contact

Sarah Godlewski
608-266-8888
statesec@wisconsin.gov
Topic

1: Important Agency Information to Note

a.
Provide any important information about your agency.

The Educational Approval Program, formerly the Wisconsin Educational Approval Board (EAB), is charged with evaluating and approving private trade, technical, career, distance learning, and degree-granting schools.

Topic

2: Types of Educational Providers Authorized

a.
Indicate the types of institutions that your agency authorizes. Please provide a short explanation of any ambiguity in the comment section below.

_____ Public, in-state degree granting institutions
_____ Public, out-of-state degree granting institutions
__X__ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

b.
Does your agency authorize specific academic programs offered by institutions, only institutions themselves, or both?

_X___ Institution _____ Program _____ Both

c.
Clarifying comments:

No response provided

Topic

3: Accreditation

a.
Is accreditation required for an institution to be authorized in your state?

Either accreditation or third party review

b.
If yes, please check all that apply as appropriate.

Accreditation Required for:

_____ Public, out-of-state degree granting institutions
_____ Private, in-state, not-for-profit degree granting institutions
__X__ Private, out-of-state, not-for-profit degree granting institutions
__X__ Private, in-state, for-profit degree granting institutions
__X__ Private, out-of-state, for-profit degree granting institutions
_____ Public, in-state, non-degree granting institutions
_____ Public, out-of-state, non-degree granting institutions
__X__ Non-degree, not-for profit institutions
__X__ Non-degree, for-profit institutions
_____ Religious institutions
_____ Tribally-controlled institutions
_____ Federal Institutions
_____ Municipal institutions

c.
Clarifying comments:

No response provided

Topic

4: Exemptions

a.
Are certain institutions or programs exempt by law or policy from your state authorization requirements?

Yes

b.
If yes, for what types of institutions? Which types of programs?

Exemptions

Wisconsin statutes provide a general exemption from EAP oversight for publicly-governed and religious institutions. While the statutes also provide an exemption for certain private non-profit, in-state institutions, no out-of-state, private non-profit institutions are exempt from EAP oversight.
 

Publicly Governed Institutions

Under Wis. Stat. §440.52(1)(e)(2), "[s]chools that are supported mainly by taxes" are exempt from EAP oversight. Because the exemption is not restricted to public institutions governed by the state of Wisconsin, the EAP has consistently interpreted it to mean any public college or university that is an instrumentality of a state is exempt.

Should public institutions offer online programs in a regulated profession, such as nursing, counseling, social work or teacher training, the EAP strongly advises institutions to contact the respective oversight bodies (e.g., the Department of Safety and Professional Services or the Department of Public Instruction) about requirements specific to those programs to ensure they conform to the state of Wisconsin's licensure requirements.

Religious Institutions

Under Wis. Stat. §440.52(1)(e)(3), the EAP does not regulate "schools of a parochial or denominational character offering programs having a sectarian objective." For example, a college offering programs leading to a degree in divinity, theology or pastoral counseling would not need EAP approval. However, if an institution offers degree programs such as music, business, or teaching, which are not limited to use in the ministry, then the institution must be EAP-approved
 

SARA Participants

SARA is a national initiative which seeks to establish comparable national standards for the interstate offering of postsecondary distance-education courses and programs. SARA is a voluntary agreement among regional compacts (SRED, NEBHE, MHEC, and WICHE) and member states. Each member state approves their in-state institutions for SARA participation. Institutional membership is voluntary and open to accredited, degree-granting institutions from all sectors of postsecondary education (proprietary, public, private). Once approved, SARA participants may offer distance education programs in other SARA member states without additional authorization. For more information on SARA, and for the latest listing of participating states and institutions, visit NC-SARA.

Approval Process

In Wis. Admin. Code SPS 411, the EAP acknowledges that distance learning presents a materially new context for Wisconsin to protect consumers. Because the oversight of online programs differs from those offered on-ground, Wis. Admin. Code SPS 411 makes several "accommodations" for distance learning providers in its approval process and fees. For example, if a school has approval from another state whose requirements are substantially equivalent to those of the EAP, then the board may accept that state's approval as fulfilling all or parts of the approval process.

Information and materials regarding EAP approval, including the School and Program Approval Guide, are available here. Additionally, the EAP's statutory and administrative code provisions, including the specific distance learning requirements found in Wis. Admin. Code SPS 411, are available here.

c.
Web link for exemptions.
d.
Clarifying comments:

No response provided

Topic

5: Authorization of Distance Education

a.
Does your agency require purely online programs offered by out-of-state institutions to be authorized without regard to physical presence?

Yes

b.
If not, does your agency determine whether an institution must be authorized based on a physical presence (“operating”) standard?

n/a

c.
Does your agency require correspondence study programs to be authorized without regard to physical presence?

Yes

d.
Clarifying comments:

No response provided

Topic

6: Physical Presence Policy

a.
If your agency uses a physical presence standard, how does your agency define physical presence?

Online institutions may or may not need EAP approval depending on their SARA status. See below for more information regarding online schools.

The EAP is providing the following information to help institutions understand Wisconsin's regulatory requirements related to offering programs to Wisconsin students via distance learning. Unless your institution is a State Authorization Reciprocity Agreement (SARA) participant, it must be approved to enroll Wisconsin students in online programs. Institutions do not need to have physical presence in Wisconsin to trigger the need for approval by EAP.

IMPORTANT NOTE: Wisconsin became a member of SARA on August 15, 2016 through the Midwest Higher Education Compact (MHEC). The Wisconsin Distance Learning Authorization Board (DLAB) has been designated the portal agency for SARA – the entity responsible for coordinating SARA activities in Wisconsin. The DLAB website provides additional information.

Although federal rules specify that institutions must have state authorization to offer programs via distance learning when it is required by the state, such approval has always been required in Wisconsin. Under Wis. Stat. §440.52(2), "[t]he board shall protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state, whether located within or outside this state, and courses of instruction offered by the schools and regulate the soliciting of students

b.
Web link for physical presence definition.
c.
Clarifying comments:

No response provided

Topic

7: Student Complaints - SARA Participating Institutions

a.
Please describe the process for handling complaints about SARA participating Institutions.

Complaint process is administered by the assigned School Administration Consultant and the State Portal Rep is copied on the process and outcome for reporting to NC-SARA.

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

No. it is processed by the School Administration Consultant assigned to the institution or program

c.
Web link for student complaints – SARA participating institutions.
d.
Who is the contact person at your agency for receiving complaints?

Complaints are directed to the EAP School Administration Consultant assigned to the approved school after receipt.

DSPSEAP@wisconsin.gov. 

​​Alternatively, completed forms can be sent to the following address:

USPS
Educational Approval Program
P.O. Box 8366
Madison, WI 53708-8366

FedEx or UPS
4822 Madison Yards Way, 3rd Floor
Attn: Educational Approval Program
Madison, WI 53705​​

URL: DSPS File a Complaint (wi.gov)

e.
Clarifying comments:

No response provided

Topic

8: Student Complaints - Non-SARA Participating Institutions

a.
Please describe the process for handling complaints about out-of-state postsecondary institutions or programs?

Same as above

b.
Is the process handled all within your agency or do you divide consumer protection and student complaint duties dependent on the type of institution (Public, Private, Technical, etc.)?

No. it is processed by the School Administration Consultant assigned to the institution or program

c.
Does this complaint process extend to institutions not authorized by the agency that may enroll residents of the state (such as explicitly distance education programs with no physical presence or exempt institutions)?

Yes

d.
Who is the contact person at your agency for receiving complaints?

Complaints are directed to the EAP School Administration Consultant assigned to the approved school after receipt.

DSPSEAP@wisconsin.gov. 

​​Alternatively, completed forms can be sent to the following address:

USPS
Educational Approval Program
P.O. Box 8366
Madison, WI 53708-8366

FedEx or UPS
4822 Madison Yards Way, 3rd Floor
Attn: Educational Approval Program
Madison, WI 53705​​

URL: DSPS File a Complaint (wi.gov)

e.
Web link for the complaint form.

No response provided

f.
Clarifying comments:

No response provided

Topic

9: Surety Bonds

a.
Does your state require a Surety Bond for authorized out-of-state institutions?

Yes

b.
Web link for surety bonds.

Part of the approval process and there is no webpage for surety bonds. Application (wi.gov)

c.
Clarifying comments:

Under Wisconsin law, the Educational Approval Program requires each school to provide and maintain a surety bond as a condition of approval. The amount of the bond required is $25,000 or 125% of unearned tuition that the school holds at any one time, whichever is less. The Program is permitted to reduce the required bond if it determines the amount is excessive in relation to the risk of economic loss to which Wisconsin residents are exposed based upon evidence of a stable fiscal history, satisfactory completion and placement rates, accreditation by a recognized accrediting body or other stability criteria the school may offer for review. However, no bond may be less than $1,000 or an amount equal to $2,000 for each representative the school may employ. The following definitions are used in calculating the bond amount and must be understood before completing the bond calculation form or obtaining a bond from a surety company. Unearned tuition consists of payments of tuition, fees and other charges (including charges for required books and supplies) that Wisconsin students (or their sponsors) pay to the school to enroll in a program(s) for which the student has no yet received instruction. Wisconsin student includes any individual enrolled in a school located in Wisconsin, regardless of their state of residence AND any individual enrolled in a school located outside the state of Wisconsin or enrolled in a distance learning program who declares Wisconsin as their state of residence. Sponsor includes any person or government agency that makes a payment on behalf of a student or awards a loan, grant, or scholarship to a student Person means any individual, partnership association, or corporation or any combination thereof. Every school must submit a Surety Bond calculation (EAP Form 1.02). In addition, after the required bond amount has been calculated, the school will need to work with a surety company that is qualified and authorized to do business in the state of Wisconsin to obtain a bond. The original bond (not a copy) must be accompanied by a power of attorney from the surety company. The specific language that must be used in obtaining a bond is attached to the bond calculation form.

Topic

10: Tuition Refund Policy

a.
Does your state have a Tuition Refund Policy Requirement?

Yes

b.
If yes, for what types of institutions?

All

c.
Web link for tuition refund policy.

It is part of the application process Application (wi.gov)

d.
Clarifying comments:

Refunds - Refunds are governed by the standards found in Chapter 408 of the SPS’s administrative rules. A school refund policy must comply with these. A school refund policy must comply with Chapter 408 of the SPS’s administrative code. Probation or dismissal criteria must be clearly defined in the school catalog. Educational Approval Program School and Program Approval Guide 26 requirements and include relevant sections in its catalog. While a school can adopt a cancellation and refund policy that is more generous to students, it cannot have one that is more restrictive than the EAP requirements.

Topic

11: Student Tuition Recovery Fund

a.
Does your state have a Student Tuition Recovery Fund (or similar fund for school closure)?

The Department of Safety and Professional Services, Education Approval Program (EAP) which regulates private trade, technical, career, distance learning, and degree-granting schools in Wisconsin does have a Student Protection Fund. Under current law, the EAP is able to use its student protection fund only to provide a refund for the amount of tuition and fees students paid that were not covered by federal grants or loans.

b.
If yes, for what types of institutions?

All

c.
Web link for student tuition recovery fund.

Information about tuition recovery and loan dismissal is crafted for an individual school as it closes. See closed school webpages on the EAP site.

d.
Clarifying comments:
Private Student Loans | Out-of-pocket Tuition Payments

Students enrolled at the time of, or within 120 days of the closure, who used private (non-federal) loans to help cover the cost of their tuition, or who made out-of-pocket payments, may be able to receive a refund through the EAP if those loans were used to cover the cost of tuition to attend the closed DCEH schools.

Students who had a private student loan that was used to pay tuition or made out-of-pocket tuition payments will need to substantiate such payments and provide the EAP with relevant paperwork, including a completed IRS Form W-9. Requests for reimbursement must include a receipt of payment, evidence that the funds were used for payment of Argosy or Ai tuition (not for other education-related expenses), and an original completed and signed W-9 form.

Students requesting reimbursement of private student loan payments (used to pay tuition) or out-of-pocket tuition payments should contact the EAP via email at DSPSEAP@wisconsin.gov. They will need to substantiate such payments and provide the EAP with the following:

  • name, address, email address, and phone number;
  • a transcript demonstrating you were enrolled at the time of closure or in the 120 days prior to it;
  • an original, completed and signed IRS Form W-9;
  • receipt of payment from the school demonstrating funds were used for payment of tuition (rather than other education-related expenses);
  • relevant bank statements and/or cancelled checks;
  • a summary layout of all out-of-pocket or private loan payments with a total amount noted; and,
  • a completed "Student Protection Fund Attestation" form (to be provided to you by the EAP).

All information comprising the request for reimbursement must be mailed or dropped off in hard copy form to the address at the bottom of this page. No facsimiles or emails will be accepted.

Borrower Defense to Repayment

Students who are not eligible for discharge of their federal loans under conventional USDOE processes and procedures may still be eligible for loan discharge under the Borrower Defense to Repayment loan forgiveness program. Students who believe they were defrauded by their school or believe that their school violated state law may submit a claim in order to receive debt relief. Details on the Act and the process for submitting a claim are laid out on the federal government's student aid website.

As the website notes, students making claims need to include details about the conduct of the school that the borrower believes violated state law, including but not limited to, the following:

  • The state and applicable law or cause of action (if available);
  • Specific acts (including failures to act) of alleged misconduct by the school;
  • How the alleged misconduct affected the borrower's decision to attend the school and take out a loan to pay to attend the school;
  • The injury suffered by the borrower as a result of the school's alleged misconduct; and,
  • Any other supporting information that would help the U.S. Department of Education review the borrower's claim.

Some students work with an attorney to file a claim, but this is not a requirement. Students considering filing a claim may wish to call the federal government's borrower defense hotline at (855) 279-6207. Representatives are available Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time (ET) to access student loan information and to discuss one's situation and whether one may qualify for forgiveness of student debt. Questions about borrower defense may also be emailed to Federal Student Aid (FSA) Operations.

Topic

12: Reporting

a.
What kinds of information or data must an institution report to your agency as a condition for continued out-of-state authorization?
b.
How frequently do institutions report data?

Annually

c.
Is this information published or shared publicly?

No response provided

d.
Web link for reporting.

Private link for the school to download to the EAP database

e.
Clarifying comments:

No response provided

Topic

13: Enforcement

a
What are possible consequences of institutional non-compliance?

Revocation of approval and losing their ability to operate in Wisconsin or accept Wisconsin students.

b.
Web link for enforcement information.

None

c
Clarifying comments:

No response provided

Topic

14: Application Process

a.
Please provide a short description of the application process to obtain state authorization.

Before completing any forms, schools seeking approval should contact the EAP and ask to speak with a School Administration Consultant.
 
Phone: (608) 266-2112, ext. 8
Email: DSPSEAP@wisconsin.gov

The Educational Approval Program (EAP) exists to protect Wisconsin's consumers and ensure the programs offered by schools meet certain education/training quality standards. A school seeking approval goes through an application process, which includes the following:

  • Evaluating applications for approval of schools, programs, representative permits, and teaching locations.
  • Requiring a surety bond to demonstrate financial stability. 
  • Ensuring schools adhere to legal requirements in their catalogs/handbooks and enrollment agreements.
  • Reviewing advertising materials for honesty and fairness.

Need for Approval

To help schools determine if they are subject to EAP approval, a flow chart providing an overview of the need for approval has been created. If you have questions or are unsure of the need for approval, please contact the EAP at DSPSEAP@wisconsin.gov or at (608) 266-2112.

School and Program Approval Guide

To help schools understand the EAP's oversight, it has developed a comprehensive School and Program Approval Guide. It is important to thoroughly review this document before starting the approval process. It also created a fee guideline to help schools anticipate costs for approval.

b.
Web link for application.
c.
Clarifying comments:

No response provided

Topic

15: Fees Associated with Authorization

a.
Is there an application fee associated with the authorization process?

Yes

b.
If yes, what is the fee or fee schedule?

See link below

c.
Web link for fee information.
d.
Clarifying comments:

No response provided

Topic

16: Records Retention

a.
When a school closes, what is the process your state uses to ensure that transcripts/records are kept available?

No response provided

b.
From what agency do students request their transcripts/records from a closed school?

It depends upon the school. We provide information on our website for each individual closed school along with webpages for large school closings like Globe University. If the school does not administer transcript request themselves or through a contracted agency, EAP will take custody of the transcripts.

Topic

17: Additional Information

a.
Is there anything else about the authorization process in your state that we and others ought to know about?

No response provided