Candidate Schools

A school which has applied for a private career school license may request candidacy status for one time only.   Candidacy status shall allow a school to operate unlicensed for an initial period of twelve months during the licensure application process, which may be extended to a maximum, non-renewable period of eighteen months, under specific conditions.

PROCEDURE FOR CANDIDATE SCHOOLS AS OF MAY 1, 2015

Note: 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.

Candidacy application requirements:

  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 requirement for candidacy as listed below.

The school must satisfy the following to obtain a 45 day provisional status (non-renewable):

  • An acceptable list of course and curriculum that will be taught under candidacy.
  • 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) 

The school must satisfy all the following to obtain the 12 month candidacy period. (non-renewable):

  • Satisfying the 45 day provisional requirements
  • Ownership Documentation requirement
    • Sole Proprietor
      • Business Certificate
    • Partnership
      • Business Certificate
      • Partnership Agreement
  • LLC/LLP
    • Consent from the Education Department’s Office of Counsel to verify that the corporation may operate for educational purposes. 
    • Certificate of Incorporation and filing receipts. Please realize that in order for a corporation to operate as an educational institution in New York State, the certificate of incorporation must specify education in its purpose clause.
    • Amendments to the Incorporation (if applicable) and filing receipts
    • Certificate of Assumed name (if applicable) and filing receipts.
    • Letter of Authority to do business in New York State from the NYS Dept. of State (if applicable) and filing receipts. Please realize that in order for a corporation to operate as an educational institution in New York State, the certificate of incorporation must specify education in its purpose clause.
    • Member Certificates or letter from attorney stating no certificates were distributed
  • Corporations
    • Consent from the Education Department’s Office of Counsel to verify that the corporation may operate for educational purposes. 
    • Certificate of Incorporation and filing receipts. Please realize that in order for a corporation to operate as an educational institution in New York State, the certificate of incorporation must specify education in its purpose clause.
    • Certificate of Assumed name (if applicable) and filing receipts.
    • Letter of Authority to do business in New York State from the NYS Dept. of State (if applicable) and filing receipts. Please realize that in order for a corporation to operate as an educational institution in New York State, the certificate of incorporation must specify education in its purpose clause.
    • Submit either a copy of the stock ledger or photocopies of all stock certificates issued up to and including the next blank certificate. (for-profit corporations)
    • IRS tax except letter (non-for-profit)
    • Original Secretary’s Certificate.  Certificate must be mailed to the Albany Bureau office (i.e., USPS, UPS, FedEx or other) with a cover letter which states the name of the school under which you are filing. 

If the ownership of a schools LLC/LLP or corporation is in the name of a parent company, documentation will be required form that parent company.  BPSS is required to determine who the actual owners “person(s)” are.  This document requirement will apply to each level or tier of ownership.  

  • The school must satisfy one of the following to meet the financial viability requirement of a candidate school:
  1. An acceptable audited financial statement based on the most recently completed fiscal year.
  2. securing a performance bond, payable to the commissioner, in an amount appropriate to eliminate any liability to the tuition reimbursement account in the event the school ceases operation;
    • A notarized letter, executed by the owner, that they will maintain the bond and not except any unearned tuition above the amount of the bond. Example: 
      • If the school has 10 students that paid $5,000 each, then you need $50,000 for that, and
      • If you took in another $25,000, from 5 more perspective students waiting for the next class, than that is another $25,000 that will need to be covered from the bond.
      • For this example listed above, if you took a bond for $75,000, you would be covered, but you also need to realize that if another student wanted to sign up, that you would not be allowed to accept his tuition as the bond would not cover it. 

        The amount of the bond is determined by the owner. If you choose to satisfy this requirement using a bond, you will need to agree in writing not to go over the amount of bond. 

  3. Provide documentation showing the limiting of the collection of tuition funds until each student completes’ the program of study.
  4. Or, a combination of the above satisfactory to the Commissioner.
  • Letters from owner
  1. A written acknowledgment on school letterhead that your school will not represent that it is licensed or that it’s programs are approved through the New York State Education Department
  2. A written acknowledgment on school letterhead stating that each student will sign the Student Disclosure Form (a copy of which must be kept in the student’s file), and that the student will receive a copy of the form
  3. A written acknowledgment on school letterhead that any breach of these conditions will result in the disapproval of the school’s license application and forfeiture of candidacy

Time allotted to the schools to complete licensure:

  • If the school does not satisfy the candidacy requirements, the school is allotted per Policy Guideline 03-0800, 8 months from the time of the initials evaluation.
  • If the school is in candidacy status, the school is allotted the time of valid candidacy to complete the licensure application.  

Licensure requirements

Any breach of Education Law § 5001(4)(b)(iv) shall result in the disapproval al of the school's licensure application and the forfeiture of candidate status.

NOTE: FOR MORE INFORMATION CONTACT US.