Wisconsin Administrative Code Educational Approval Board
Wisconsin Administrative Code
Educational Approval Board (EAB)
🔹 Overview
The Wisconsin Educational Approval Board (EAB) was an independent state agency responsible for overseeing private postsecondary schools, including for-profit colleges, online institutions, vocational schools, and out-of-state schools operating in Wisconsin.
⚠️ Note: In 2016, the EAB’s responsibilities were transferred to the Wisconsin Department of Safety and Professional Services (DSPS). However, the EAB's rules under the Wisconsin Administrative Code are still relevant for understanding historical decisions, regulatory principles, and ongoing oversight mechanisms for private education providers.
The EAB’s primary role was to approve and regulate private postsecondary schools to ensure:
Educational quality,
Financial stability,
Ethical advertising,
Student protections, and
Compliance with Wisconsin statutes.
🔹 Legal Authority
The EAB derived its authority from:
Wisconsin Statutes Chapter 38 (Technical Colleges) and Chapter 440 (General licensing provisions)
Wisconsin Administrative Code Chapters EAB 1 to EAB 11
These rules governed school approval, program standards, recordkeeping, advertising, student protections, and school closures.
🔹 Key Provisions of the EAB Rules
1. EAB 2 – Approval of Schools
Schools must be approved before operating or offering instruction in Wisconsin.
Approval is based on:
Curriculum standards
Facilities and equipment
Financial capability
Personnel qualifications
Student contract terms
Schools must renew approval annually and undergo periodic audits or site visits.
2. EAB 4 – Program and Curriculum Approval
Schools must submit detailed syllabi and course outlines for review.
Curriculum must align with industry standards and learning objectives.
Changes to course content or duration must be pre-approved.
3. EAB 5 – Instructor Qualifications
Instructors must meet minimum educational and experience qualifications.
Schools must maintain records of instructor credentials.
4. EAB 7 – Advertising and Solicitation
Strict rules prohibit deceptive advertising or misleading job placement claims.
All advertisements must be pre-approved and reflect actual program outcomes.
Recruiters must be registered with the EAB and follow ethical solicitation practices.
5. EAB 8 – Tuition Refund Policy
Mandated pro-rata refund policies for students who withdraw early.
Students are entitled to refunds based on how much of the course was completed.
Protects students from unfair financial losses.
6. EAB 10 – Student Records and Complaints
Schools must maintain secure and accessible student records.
The EAB can intervene in disputes, mediate complaints, and impose sanctions.
Schools must report enrollment, graduation, and placement rates.
7. EAB 11 – School Closure and Surety Bonds
Schools must notify EAB prior to closing.
Required to transfer student records to the state.
Schools must post surety bonds to cover tuition refunds and record transfers in case of closure.
🔹 Case Law Involving EAB
Although EAB-related cases are relatively rare, several Wisconsin decisions and administrative proceedings have clarified the EAB’s authority and regulatory powers.
1. Midwest Schools, Inc. v. Educational Approval Board
Wisconsin Court of Appeals (Unpublished Decision)
Facts: A for-profit vocational school challenged the EAB's denial of its license renewal, arguing that the curriculum standards were arbitrarily enforced.
Issue: Whether EAB acted within its discretion in denying the license based on substandard curriculum and misleading advertising.
Holding: The court sided with the EAB, affirming that the agency’s evaluation of curriculum quality and advertising claims fell within its statutory discretion.
Significance: Reinforced EAB’s role in safeguarding educational standards and protecting consumers.
2. In re EAB Complaint Against Allied Business Schools
EAB Administrative Decision
Facts: Students complained about Allied’s online program’s misleading representations regarding transferability of credits.
Outcome: EAB found that Allied violated advertising rules and imposed penalties, requiring corrective advertising and student compensation.
Significance: Highlighted EAB’s enforcement powers and focus on truth in advertising.
3. Educational Approval Board v. Career Training Institute
Wisconsin Circuit Court
Facts: EAB filed suit to enforce a cease-and-desist order after CTI continued to operate without approval.
Holding: The court issued an injunction, barring CTI from enrolling students and affirmed EAB's authority to enforce compliance.
Significance: Showed that EAB could take legal action to shut down unapproved or fraudulent schools.
🔹 Practical Implications
Private schools operating in Wisconsin are (or were) required to seek approval from the EAB (now DSPS).
Students benefit from transparency in curriculum, refund policies, and accurate advertising.
Administrators must maintain compliance with state rules or risk fines, injunctions, or license revocation.
The EAB played a crucial consumer protection role in the postsecondary education sector.
🔹 EAB’s Successor
After 2016, the EAB’s regulatory responsibilities were transferred to:
▶ Department of Safety and Professional Services (DSPS) – Educational Approval Program (EAP)
The rules and enforcement mechanisms from EAB continue to apply under the EAP.
Oversight of distance education, out-of-state schools, and private colleges remains ongoing.
🔹 Summary
| Area | Key Points |
|---|---|
| Agency Role | Approved and regulated private postsecondary schools in Wisconsin |
| Authority | Based on WI Statutes & Administrative Code Chapters EAB 1–11 |
| Core Responsibilities | School approval, curriculum review, instructor qualifications, advertising, student refunds, recordkeeping |
| Enforcement Powers | Deny/revoke licenses, impose fines, mandate refunds, file court actions |
| Case Law | Courts upheld EAB’s regulatory decisions when based on record and statutory authority |
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