BPSS

Bureau of Proprietary School Supervision

New School Application Instructions

The initial application for an original license for a private school in New York State is a complex process and can take a considerable amount of the time to complete. An initial school license is valid for a period of two years.

The application process requires an applicant to submit four types of documentation to the Department for its approval. Those types of documentation are:

  1. Basic Application Information, BPSS-1
  2. Required Forms and Documents
  3. State Education Department Applications
  4. School Prepared Forms

These four groups are discussed in detail in the material that follows.

A non-refundable, non-transferable check or money order for $5,000.00 (for initial school) or $2,500.00 (for additional locations of an already licensed school), made payable to New York State Education Department, must accompany the application. The application and accompanying fee must be mailed to: The New York State Education Department, Bureau of Fiscal Management, P.O. Box 7346, Albany, NY 12224. Failure to mail the application directly to the Bureau of Fiscal Management will delay the processing of the application. If the application is sent to the Bureau of Proprietary School Supervision, it will be mailed to the Bureau of Fiscal Management and it will not be processed until it is returned to BPSS by the Bureau of Fiscal Management. The 120 days, referenced below, is not in effect until the application is received back in this Bureau.

The applicant will receive approval of the school's license, or a letter explaining the reason for denial of the application within 120 days of receipt of a complete application. A complete application is one that includes all acceptable information and supporting documentation as outlined below. All of the information requested must be supplied, or the application will be returned to the applicant as an incomplete application. Please carefully read the instructions so that you send an acceptable license package to the Bureau for review and approval.

An application for the renewal of an approved school license must be submitted on the abbreviated renewal form (BPSS-2). Renewal applications must-be submitted 120 days prior to the expiration of the current license. Transfer of 25% or more in equity or assets of a school shall be deemed a new school required to submit a new school application.

If you encounter problems, please contact the school licensing assistant for assistance in preparing the following documents.

  1. Basic Application Information, BPSS-1
    1. Check One: Of the two options available, select the one that applies to the application being submitted: Initial School License or request for Additional School Location License.
    2. Public School District: This is the specific name and number of the public school district in which the school is located. This is required in order for the Department to assign you a unique identification code.
    3. Federal ID Number: This is the 9-digit number you received from the Internal Revenue Service to do business with the Government.
    4. School Name: This is the approved name your school will be using and which will appear on your license. This should be exactly as it appears on your Certificate of Incorporation, or Certificate of Assumed Name if the school name and corporate name are not identical. State law prohibits the use of the word "college" or "university" by any entity not authorized to confer a degree.
    5. School Address This is the address at which instruction will be offered. The facilities at this address must have a local certificate of occupancy approving the use of the facilities for "school purposes" as well as approval from the fire and health authorities in the jurisdiction in which the facility is located. The license that is issued will be valid only at this address. You may leave this blank if you have not rented the facility yet. The facility site must be secured upon notice to you by Bureau staff that your license approval is nearing completion. For identification purposes you must provide us with the city where the proposed school is located. If you have not secured the facility, the Bureau may not act on your license request within 120 days from the date received as your application cannot be considered complete.
    6. Is School Handicapped Accessible: Refer to American National Standards Institute (ANSI), A117.1 (dated 1986).
    7. Director's Name: Enter the name of the person who will serve as the director of the school. This person's name must appear on the Director's License Application, (BPSS-15) filed as a part of this application.
    8. Telephone: Enter the telephone number and email address of the proposed school director.
    9. Initial Contact Person: Enter the name of the person with whom the Bureau will correspond regarding deficiencies or other issues during the license review process.
    10. Telephone and Email Address: Enter the telephone number and e-mail address of the initial contact person.
    11. Type of Ownership of School: Indicate the type of owner of the school; sole proprietorship, partnership, corporation, or Not For Profit Corporation.
    12. Name of Owner or Corporation: Enter the name and address of the owner or corporation. This should be exactly as it appears on your Certificate of Incorporation. If sole proprietorship, please enter the proprietor's date of birth.
    13. Officers, Partners, Members, or Principal Stockholders: If the owner is a partnership, the names of all partners and their dates of birth must appear on the application. If the owner is a privately held corporation, the names of all shareholders and the date of birth of each shareholder must be listed. If the owner is a publicly held corporation, the names of all shareholders holding more than 5% of all common stock must be listed along with their dates of birth. Both privately and publicly held corporations must list all corporate officers. In case of corporation status, include either a photocopy of the stock ledger or copies of all certificates issued, and the next blank stock certificate. If there is a tiered arrangement of companies, include copies of all stock ledgers, stock certificates issued and the next blank stock certificate until all individuals are identified. The secretary of the corporation must complete the Secretary's Certificate and attach the Certificate to the application. Please refer to 111.6. of this document for more information regarding the Secretary's Certificate. For Limited Liability Corporations (LLC's), list all members' names unless membership certificate have not been issued (as attested by the attorney for the LLC).  In such a case, list the officers of the LLC.
    14. Affiliation with Another School: The owner, or each partner or shareholder whose name appears on the application, must answer whether he/she has ever been affiliated with or owned another proprietary school. If yes, full details of such association, including any fiscal disallowances, fines, or any other disciplinary action against you or the school by any Local, State or Federal authorities must be provided on a separate sheet.
    15. Disclosure for Licensure: The applicant must state whether he/she or any corporation, partnership, association, or organization member, or person holding an ownership or controlling interest in the school, or any employee responsible in a supervisory capacity for the administration of student funds or government funds, has been convicted of a crime.
    16. Signature of Director: The signature of the person whose name appears in item 7 must appear here.
    17. Signature of Owner: The signature of the person whose name appears in item 12 must appear here. Sole proprietors must sign the application for themselves. All partners in a partnership must sign the application. The president of the corporation must sign for the corporation.
    18. Owner's Affidavit: The signature of the owner(s) or president of the corporation must be notarized.
  2. Required Forms and Documents
    1. Type of Ownership: An application from a corporation must have a copy of the Certificate of Incorporation papers filed with the Department of State attached. An application from a partnership must have a copy of the partnership agreement attached. An application from a sole proprietorship must include a letter from the County Clerk of the county in which it will be doing business indicating that the school is registered as a business with the County Clerk.
    2. Consent from Office of Counsel: All corporations who are applying for a license must obtain approval from the Counsel of the State Education Department to operate a private career school in New York State. Requests may be made to the Office of Counsel at the following address: Office of Counsel, New York State Education Department, Room 116 EB, Albany, NY 12234, Telephone: (518) 474-6400
    3. Assumed Name Filing Receipt: Any corporation which will be doing business under any name other than its corporate name must include a copy of its filing receipt for a Certificate of Assumed Name, along with this application. The Certificate of Assumed Name must be filed with the Department of State. Businesses, other than corporations, should include copies of the forms filed with the County Clerk of the county in which they will be conducting business indicating the name under which they will be conducting business. (These forms are known as "d/b/a" forms.)
    4. Certificate of Occupancy: The premises in which instruction will be offered must be approved for use as a school by the municipality in which the school will be conducting business. Once the premises is approved, a Certificate of Occupancy will be issued. A copy of a valid Certificate of Occupancy must be included with the application. Be sure to include the building department seal. The address listed on the certificate must be the same address as the one listed in item 1.5.  In some circumstances the applicant may not yet have rented the premises. If this is the case, the certificate of occupancy may be missing from the application package. Please refer to 1.5 above (school address) for an explanation.
    5. Department of Health Approval: The premises in which instruction will be offered must be approved for occupancy by the health authority of the municipality in which you will be doing business. The address listed on the approval must be the same address as the one listed in item 1.5. In some circumstances the applicant may not yet have rented the premises. If this is the case, the Department of Health approval may be missing from the application package. NOTE: Depending on a school's location, the Municipality, Certificate of Occupancy, Department of Health approval and Fire Department approval may be combined in one document.
    6. Fire Approval: The premises in which instruction will be offered must be approved for occupancy by the fire authority of the municipality or county in which the school will be doing business. This approval may be consolidated with the certificate of occupancy if the separate approvals are not indicated. The address listed on the approval must be the same address as the one listed in item 1.5.  In some circumstances the applicant may not yet have rented the premises. If this is the case, the letter from the Fire Inspector may be missing from the application package.
    7. Floor Plan: Two copies of the school floor plan must be submitted with the application. It must be drawn to a scale of at least 1/4" = 1". All standard architectural features such as windows, doors, and permanent fixtures should be clearly labeled. The room number, all dimensions, and the use of each room or space must be clearly labeled. In some circumstances the applicant may not have rented the premises. If this is the case, the floor plans may be missing from the application package. The documents required in items 4-7 must be submitted upon rental of a facility.
    8. Counseling Plan: Each school application must be accompanied by a counseling plan if the school will admit students who do not possess a high school diploma or GED®. The school must describe how it will counsel, on an individual basis, ability to benefit students on matters including, but not limited to, the student's ability to progress in the curriculum, and the student's financial aid rights and responsibilities. The availability of programs for earning a GED®, including programs provided at no cost to the student, and the potential of the training to prepare the student for available employment opportunities within the region must be stated.
      Guidelines to assist you with the development of an acceptable counseling plan are enclosed with this package.
    9. Financial Reports: The application must be accompanied by financial reports as required by the Commissioner of Education. Please refer to Section 126.8 of the Commissioner's Regulations, for details.
  3. SED Forms
    1. Curriculum Application: Two copies of the "Application for the Approval of a Curriculum or Course", BPSS-30, must be completed and submitted to the State Education Department for each course or curriculum as well as the appropriate voucher sheet and fee ($250.00 for a curriculum of 100 clock hours or more; $100.00 for a course of 99 clock hours or less). A separate approval for each curriculum or course will be issued concurrently with or after the school license has been issued. Curricula or courses will not be approved before the issuance of a license.
    2. Application for Approval of Quarters: Two copies of the "Application for Approval of Quarters", BPSS-6, must be submitted with an accompanying floor plan. The actual approval of the school quarters will be completed after a site visit is made to the school by a member of the staff of the Bureau of Proprietary School Supervision. You will be immediately advised about any problems Bureau staff find with your quarters, but you will not receive an approval letter confirming that your quarters is approved until after the school license is issued.
    3. Director's License Application: A separate application for a school director's license must accompany this application. The license application, non-refundable non-transferable fee of $100.00, and required supporting documentation must be submitted to the Bureau of Fiscal Management in the name of the person whose name appears on the application as the director of the school.
    4. Teacher Permit/License Application(s): Applications for a sufficient number of people to teach the courses submitted on the "Application for Approval of a Curriculum or a Course" must accompany all applications for licensed private career schools. The license application, a non-refundable, non-transferable fee of $100.00, and required supporting documentation must be submitted to the Bureau of Fiscal Management. For teachers who already hold a valid teachers license, no teacher applications or fees need to be submitted. Copies of each teacher's permit or license must be submitted with this application instead.
    5. Agent Certificate Application(s): An application for each person who will be involved in soliciting, procuring or enrolling students in the school must be submitted with this application. The license application, a non-refundable, non-transferable fee of $200.00, and two 1" x 1" size photos must accompany the application. Applications and fees must be sent to Bureau of Fiscal Management.
    6. Secretary's Certificate: If a Department of State certificate of incorporation is submitted with the application for a license you must include a Secretary's Certificate complete with the official corporate seal. The Secretary of the corporation must complete the certificate and attach it to the application.
  4. School Prepared Forms

    Forms may be in a printer's proof format until approval to print the forms is received from the Bureau. Please contact the field associate assigned to your school for detailed explanations about these documents.

    1. Printed catalog (2)
    2. Printed enrollment agreements (2)
    3. Refund calculation form (2)
    4. Draft printed progress record form(s) (2)
    5. Receipts form for students covering tuition and other fees (2)
    6. Teacher Evaluations (2)
    7. Leave of absence (LOA) forms (2)
    8. Printed attendance record (2)
    9. Printed Certificate(s) of completion/diploma (2)
    10. Printed transcript/report card (2)
    11. Agent training and supervision manual (2)
    12. Description as to how school ensures good attendance (2)

Note: A school which has applied for a private career school license may request a candidacy status for one time only.  The application for Candidate School Status (BPSS-1A) is filed separately but must be done at the same time as filing for a new school license or after filing for a new school license.  This request requires an additional $5,000.00 fee and specific disclosures and requirements must be met.  Candidate School Status routinely is limited to between twelve and eighteen months.  Please see Section 5001(4)(b)(iv) of the New York State Education Law for detailed information.

Last Updated: December 17, 2012