The EAB 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 EAB.
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.
Wisconsin statutes provide a general exemption from EAB 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 EAB oversight.
Under s.38.50 (1)(e) 2., Wis. Stats., "[s]chools that are supported mainly by taxes" are exempt from EAB oversight. Because the exemption is not restricted to public institutions governed by the state of Wisconsin, the EAB 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 EAB 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.
Under s.38.50(1)(e)3., Wis. Stats., the EAB 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 EAB 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 EAB-approved.
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.
In Chapter 11 of its Administrative Code, the EAB 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, EAB 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 EAB, then the board may accept that state's approval as fulfilling all or parts of the approval process.
Information and materials regarding EAB approval, including the School and Program Approval Guide, are available here. Additionally, the EAB's statutory and administrative code provisions, including the specific distance learning requirements found in EAB 11, are available here .
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 EAB 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 EAB 11.