School Transfer Instructions
Section 5001 of the Education Law prohibits the transfer or assignment of a school's license or registration without the approval of the Commissioner. Any transfer or assignment of any interest totaling 10 percent or more, whether direct or indirect, in the total equity or assets of a school shall be deemed a transfer of such school's license or registration.
The Department must approve or deny a transfer license/registration application within 90 days of receipt of the completed application in the Bureau of Fiscal Management.
All the information requested on the "Application for Transfer or Assignment of a School License or Registration" must be supplied or the application will be returned to the applicant as an incomplete application.
The following items must be attached to the application when it is submitted:
- A non-refundable, non-transferable check or money order made
payable to the State Education Department, for the appropriate
fee (see the following fee schedule), and mailed to: The 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, the 90 days will not go into
effect until it is date-stamped received in this Bureau. Failure
to comply with this instruction will result in a delay in the
processing of your application. Those mailed to the Bureau of
Proprietary School Supervision will not be date-stamped until
they arrive in the Bureau of Fiscal Management.
- Complete financial statement. The financial statement shall include
an itemized account of tuition refunds due and owing to past or presently
enrolled students.
In the event the private trade school or private business school is part of a larger reporting entity or corporation, financial statements for the entity or corporation as well as the individual private school for which a license or registration is being sought shall be required.
The financial statements shall be based on the fiscal year of the school preceding the year which such license or registration is being sought. Please refer to PG4-0900.
- Listing of approved teachers and their license/permit number; agents,
along with their certificate number; director's name and license/permit
number; and approved curriculum with the effective and expiration dates.
A letter from present owner granting permission to use the curricula must
be included as well.
If the name of the school will change as a result of the stock transfer or sale of the school, all personnel documents must be reissued with the school's new name. Please refer to the School Name Change Fact Sheet for a summary of this process.
- If school location remains the same, two copies of the "Application
for Approval of Quarters", BPSS-6, and required supporting documentation
must be submitted.
- If school location also changes, 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/registration is issued.
- Secretary's Certificate. If the school is incorporated, the secretary of the corporation must complete the Certificate and attach it to the application. Also, include a copy of the stock ledger, or all stock certificates issued up to and including the next blank certificate.
The transfer fee is based on the annual gross tuition. The appropriate financial statement must be used to verify the annual gross tuition. Please refer to item 15 for a definition of annual gross tuition.
Annual Gross Tuition |
Fee |
|---|---|
| $0 - $199,999 | $ 250 |
| $200,000 - $499,999 | $500 |
| $500,000 - $999,999 | $750 |
| $1,000,000 - $4,999,999 | $1,500 |
| $5,000,000 - $9,999,999 | $3,000 |
| $10,000,000 or above | $6,000 |
For additional information on the supporting documentation to be submitted with the "Application for a Transfer of a License or a Registration to Operate a Private School in New York State," BPSS-3, see the School Ownership Change Fact Sheet.
Basic Application Instructions
- Licensed Private School or Registered Private Business School
The applicant must indicate whether the school is licensed or
registered.
- School District This is the specific name of the school district in
which the school is located. If you are unsure, contact the local board
of education where your school is located.
- Federal ID Number This is the 9-digit number you received from the Internal
Revenue Service to do business with the Government.
- School Name The name of the school must be exactly as the name which
was approved and which appears on the license/registration, or you must
submit supporting documentation showing that the name will be changed.
- School Address The address of the school must be the same address which
was approved and which appears on the Approval for Quarters.
- Is School Handicapped Accessible Refer to American National Standards
Institute (ANSI), A117.1 (dated 1986).
- Director's Name Enter the name of the person who serves as director
of the school and who holds (or has filed for) a valid director's permit
or license. This will either be the director who is presently employed
or a prospective director for whom you have submitted a Director Application.
- Telephone and E-mail Address Enter the telephone number and e-mail address
of the school director.
- Contact Person If the name of the person who will be completing the
initial portions of this application is not the same as the owner or director,
enter the name, address and telephone number of that person in this space.
If there is no entry for this item, enter "n/a."
- Telephone and E-mail AddressEnter the telephone number and e-mail address
of the contact person.
- Type of New Ownership of School Indicate the type of new ownership of
the school: sole proprietorship; partnership; or corporation.
- New Owner Enter the name and address of the owner or corporation. If
sole proprietorship or partnership, please enter date of birth and social
security number.
- Present License/Registration Number Enter the exact number which appears
on the previous owner's license/registration.
- Expiration Date Enter the date the license/registration will expire.
- Annual Gross Tuition State the annual gross income from tuition only.
Annual Gross Income from Tuition means all charges received for instruction,
prior to refunds, from all sources including the student, lending institutions,
federal agencies, state agencies, and private for profit and non-profit
organizations. The gross income for tuition does not include income from
the sale of books, supplies. services, kits, uniforms or equipment.
- Name of Accrediting Agency If the school is a member of an accrediting
agency, the accrediting agency's name should be entered.
- Officers, Partners, 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 private and publicly held corporations must list
all corporate officers. In case of corporation status, include photocopy
of the stock ledger and 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.
- Affiliation with Another School The owner, 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.
- Disclosure for Licensure The applicant, or any corporation, partnership, association, or organization, 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, must state whether he/she has been convicted of a crime.
Signature of Director The original signature of the person whose name appears in item 7 must appear here.
Signature of Prospective Owner/President The name of the person who is purchasing the school, or who is president of the corporation who is purchasing the school must appear here. Sole proprietors must sign the application for themselves. AlI partners of a partnership must list their names on the application. The president of the corporation must sign for the corporation.
Owner's Affidavit The signature of the owner/president or partners must be notarized.