Applying for Candidate School Status

Number: 
35-0317
Date Issued: 
03/21/2017

The Bureau of Proprietary School Supervision (BPSS) has established the following procedure for prospective licensed private career schools when such schools are seeking candidacy status pursuant to Education Law § 5001(4)(b)(iv). It prescribes steps that BPSS will follow when granting or denying, or forfeiting or continuing, candidacy status.

Candidacy status allows a school to operate at the specific location or address at which the school applied to operate as a candidate school.

Initial Application and Provisional Status:

  • When a candidacy application is received, BPSS will notify the applicant in writing acknowledging receipt and, if appropriate, will grant the school candidacy status provisionally for 45 days beginning retroactively on the date of the notice.
  • This notice will explain what is required for the application to be completed and candidacy status granted for the statutory period of 12 months (up to a maximum period of 18 months, if an extension of the school’s candidacy status is granted as described below).
  • The notice will require that the candidacy application be completed within 45 days of the date of the notice.
  • Requirements for Candidacy Application:
    1. File a licensed private career school application with the appropriate $5,000 fee.
    2. File an application indicating your intention to be a candidate school with the separate (additional) fee of $5,000.
    3. Satisfy the requirements for candidacy as listed below.

To obtain a 45-day provisional candidacy status, beginning retroactively on the date of BPSS first evaluation, the applicant will need to satisfy the following requirements:

  1. An acceptable list of all courses and curricula that will be taught under candidacy.
    • The school needs to upload a list of all courses and curricula that they will be teaching under candidacy so that BPSS can ensure compliance with New York state Education Law 5001 which states in part:

      Candidacy status shall not be issued to schools offering programs to train students to pass licensure examinations such as appearance enhancement tests, achieve nurse aide or nurse assistant certification, or pass examinations leading to licensure in any other profession or occupation determined by the commissioner to require full licensure status. In addition, “certified English as a second language school” or “certified ESL school”, school not having quarters, schools operating on residential property, or do not fall under BPSS jurisdiction as defined by Education Law § 5001 shall not be granted candidate status.
       

  2. An acceptable student disclosure must be provided – A candidate school cannot enroll any students without this per New York State Education Law 101: 5001(4)(b)

End of Provisional Status and Establishment of Candidacy Status:

To obtain full candidacy status, beginning retroactively on the date of BPSS first evaluation, the applicant will need to satisfy the following requirement within 45 days of the date on BPSS first evaluation.

  1. Satisfy the provisional candidacy requirement listed above;
  2. Satisfy the ownership requirement;
  3. Satisfy the candidacy financial requirement; and
  4. Satisfy the School Ownership letter requirement.

For a detailed outline of how to satisfy the above requirement, please review the following web page.

A bond template and school ownership letter template can be obtained by emailing BPSSNewSchools@nysed.gov and requesting the current version of the appropriate template

  • If BPSS grants candidacy status, the school’s candidacy period will be for 12 months, beginning retroactively on the date of the first written notice from BPSS that acknowledged receipt of the candidate school application.
  • If BPSS informs the school that its candidacy status has been forfeited, it will explain why, and will require that the school immediately cease and desist operating as a candidate school.

Completion of the Licensure Application:

  • A candidate school has 12 months from the beginning date of candidacy status to complete the elements of the licensure process, you can review those requirements. During this 12-month period, BPSS staff will be available to assist the candidate school with understanding the licensure requirements.
  • During the candidacy period BPSS will notify the candidate school what parts of the licensure application remain to be completed.
  • At the end of the 11th month of the school’s candidacy period*, BPSS will notify the school that its candidacy term will expire in one month (at the end of the 12-month period of the school’s initial candidacy term) and that it must comply with the remainder of the private career school license application process or be required to cease operation after 12 months from the date that the school’s candidacy term began.
  • At the end of the school’s initial candidacy term of 12 months*, BPSS will notify the school in writing either that its candidacy status has been terminated and direct it to cease operation, or that its license has been granted.

Candidacy Term Extension:

  • During the last month of the school’s candidacy period, BPSS may at its discretion extend the candidacy period by an additional 6 months. The extension is for the completion of the quarters requirement beyond the documentation required from the school.
  • To receive an extension, the school must have satisfied the requirements of its school license application relating to:
    1. Ownership;
    2. Financial;
    3. Curriculum;
    4. Administrative documents and enrollment agreements;
    5. Personnel; and
    6. Acceptable documentation required for a quarters inspection.
  • Information about these requirements may be reviewed here>>
  • At the end of the 5th month of the candidacy extension*, BPSS will notify the school in writing that its extended candidacy term will expire in one month, and that if the school’s private career school license application is not completed within the next 30 days, the school will be required to cease operation or may be subject to discipline for operating without a license in violation of the Education Law.
  • At the end of the school’s extended candidacy term*, BPSS will notify the school whether its private career school license is issued or denied. The license will be denied if the applicant has not completed all items required for licensure. If it is denied, the school must immediately cease operation or may be subject to discipline for operating without a license in violation of the Education Law.

* Keep in mind that some of the above written notices may be unnecessary in certain circumstances. If, for example, at any time during a school’s candidacy term, the school is granted a private career school license, the school’s candidacy status will be extinguished and any further notices from the list above that BPSS would have sent to the school about its candidacy status will not be sent.

BPSS reserves the right to notify a school at any time during its candidacy term that its candidacy status has been forfeited for any breach of the conditions of candidacy status that are set forth in Education Law § 5001(4)(b)(iv)(1) – (4).

For more information, please send an email to BPSSNewSchools@nysed.gov (link sends e-mail).