The Educational Approval Program (EAP) exists to protect 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, contact the EAP to discuss your particular situation.

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.

Download the School and Program Approval Guide

In becoming an approved post-secondary school, college or university that offers a training/educational program to Wisconsin residents, a school will need to provide the EAP with information by completing a series of forms and/or submitting certain documentation. Completing the forms takes time and effort. Some of the requirements are very precise, and the school policies and procedures (even the content of documents) must meet certain legal guidelines.However, before completing any forms, schools seeking approval should contact the EAP and ask to speak with one of the School Administration Consultants.

The following forms are intended to be used by schools seeking initial approval. Schools should contact the EAP and speak with a school administration consultant before using the forms. In addition, the School and Program Approval Guide provides critical information about the EAP's oversight and should be thoroughly reviewed prior to completing the forms. A brief description of each form, which can be downloaded as a Microsoft Word document, is provided below. The Word version of each form can be completed electronically. For a guide to the application fees click here.

School Operations and Governance - Form 1.01

Under sections 440.52 (7) and (10), Wis. Stats., all private postsecondary schools not otherwise exempt are required to obtain approval from the Educational Approval Program before advertising or doing business in Wisconsin.

Surety Bond - Form 1.02

A surety bond ensures that students can recoup tuition and other costs if the school closes. Make sure that your surety company also attaches the power of attorney for your bond.

Program Application - Form 1.03

Under s.440.52(7), Wis. Stats., all private postsecondary schools not otherwise exempt are required to obtain approval from the Educational Approval Program before advertising or doing business in Wisconsin.

Background of Instructor - Form 1.04

All schools must provide information about the qualifications instructors/faculty members must have to teach the programs offered (see program approval application). In addition, non-accredited schools must complete the following form for each instructor/faculty member the school employs.

School Catalog Checklist - Form 1.05

Under Wis. Admin. Code SPS 404.03 (2), every school is required to have a catalog. This following checklist must accompany a proposed catalog as part of a new school application or a proposed catalog revision for an already approved school.

Enrollment Agreement Checklist - Form 1.06

Schools that choose to use an enrollment agreement must submit it to the EAP and have it approved prior to use.

Customer's Right to Cancel - Form 1.07

Use this form as the cancellation agreement for you and your students.

Teaching Location - Form 1.08

Please fill this application out for each location where you plan to hold classes.

Representative Permit Application - Form 1.09

To recruit prospective students in Wisconsin, you need to fill out this application, pay a $200 fee, and designate coverage of $2,000 in the general school surety bond.

Institutional Planning - Form 1.10

All schools are required to submit an institutional planning document.

Approval Checklist and Statement of Submission - Form 1.11

All schools seeking initial approval are required to submit an Approval Checklist and Statement of Submission.

Balance Sheet Template - Form 2.01

Form 2.01 is a basic balance sheet for institutions to use.

Income Statement Template - Form 2.02

Form 2.02 is a form to determine basic operating expenses.

Compliance and Institutional Assessment - Form 2.03

Form 2.03 is a basic institutional assessment that a school consultant may use during a school visit.

Change of Ownership - Form 2.04

Schools that intend to change ownership of their institution must fill out Form 2.04 and submit it to the EAP.

Employment Verification - Form 2.05

To verify employment please submit the attached form to the EAP.

Student Complaints - Form 3.01

Students with complaints about the school they are attending can submit Form 3.01 to the EAP.

Student Records Request - Form 3.02

In order to request a transcript from a closed school submit this form with a $10 check per person you want it sent to.

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 s.38.50 (2), Wis. Stats., "[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 for correspondence or classroom courses and courses of instruction offered by the schools.

Exemptions

Wisconsin statutes provide a general exemption from EAP oversight for publically-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.

Publically Governed Institutions

Under s.38.50 (1)(e) 2., Wis. Stats., "[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 s.38.50(1)(e)3., Wis. Stats., 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 Chapter 11 of its Administrative Code, 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, EAP 11 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 EAP 11, are available here.

School Approval Needed - Contact the EAP

If you believe your institution needs approval based on the preceding information because it currently enrolls (or plans to enroll) Wisconsin residents in an online program, please contact the EAP and ask to speak with a school administration consultant to discuss the approval process, as well as the specific distance learning requirements and accommodations contained in EAP 11.