BPSS Cutting Edge News
Allied Health Programs – Memo to the Field
Allied Health Programs – Specifically Home Health Aide (HHA) and Personal Care Aide (PCA) including any PCA upgrade to HHA program and any Certified Nurse Aide/Assistant (CNA) Transition to HHA program must review the guidance in the Allied Health Programs Memo to Field.
Questions should be directed by email only to: BPSSCurriclum@nysed.gov
Schools Cannot Withhold Student Transcripts or Charge a Higher Fee to Obtain Transcripts Because of Unpaid Student Debts
An amendment to Article 13-C, §640 of the New York Education Law, effective June 3, 2022, prohibits licensed private career schools from withholding a student’s transcript because of unpaid debts or charging students who owe a debt a higher fee to obtain their transcript. This legislation ensures that students can access their transcript when necessary, so that they may continue their education or find employment.
Please view the text of New York Education Law §640.
Midway Paris Beauty School – Ridgewood, New York
Closure Date: March 31, 2022.
Midway Paris Beauty School, located at 54-40 Myrtle Avenue, Ridgewood Queens, NY 11385 has closed.
Students enrolled at Midway Paris Beauty School who have been unable to complete their program due to the school’s closure are entitled to a full refund of all paid tuition costs through the New York State’s Tuition Reimbursement Account (TRA). To initiate a refund, students must complete the BPSS Complaint Form, or send an email request to BPSS@nysed.gov.
Students who have questions or need further assistance may contact Eileen Woessner, Investigator with BPSS, by email at Eileen.Woessner@NYSED.GOV
Ability to Benefit (ATB) Test Announcement
Wonderlic Education Solutions offers two different testing agreements to all education clients. The first is called the Wonderlic Ability to Benefit (ATB) agreement. This agreement includes the Wonderlic Basic Skills Test (WBST) approved to be purchased and used for Title IV Financial Aid purposes. This agreement between the United States Department of Education (USDE), Wonderlic, and the schools will end on 12/31/2022. The two ATB exams currently approved for Title IV funding are Wonderlic Basic Skills and Accuplacer. Schools will have to contact the USDE for more information on ATB tests approved for Title IV funding after 12/31/2022.
The second agreement is called the Wonderlic Online User Access Agreement. This agreement allows schools to purchase and use any of the Wonderlic products as General Admissions Tests. Some of these other products include the Scholastic Level Exam (SLE), the Wonderlic Basic Skills Test (WBST), the Admissions Risk Profile, Computer testing and Personality testing. This agreement is between Wonderlic and the School.
BPSS will continue to accept the Wonderlic Scholastic Level Exam (SLE) and the Wonderlic Basic Skills Test (WBST) as approved ATB tests. Wonderlic ATB testing product information can be found at: Wonderlic ATB Information.
Should any BPSS school select a new examination for ATB purposes, prior to the curriculum renewal date, simply upload a letter on school letterhead to Curriculum / Course Work Detail on the BPSS system. Email BPSSCurriculum@nysed.gov when this is done. If final approval is given, schools can make the official change on the BPSS system when it is time to renew the curriculum.
Updates and Reminders
All schools are required to file financial statements 120-days after their fiscal year end. Additionally, schools should review the policy guideline on Financial Viability. Questions regarding financial statements will be sent by email only to BPSSSchoolreviews@nysed.gov.
The annual OEDS reports were sent electronically to the school contact on file with BPSS. Submissions of OEDS are due no later than April 1, 2022. BPSS will only accept OEDS reports through the email survey link sent to the designated school contact. Questions regarding OEDS reports should be sent by email only to OEDS@NYSED.gov.
Schools currently offering distance education using a Temporary Distance Education approval (TDE) must apply for programmatic approval. Please review the policy guideline on Distance Education Applications for information. All TDE approvals will sunset on December 31, 2022. Questions regarding distance education applications will be sent by email only to BPSScurriculum@nysed.gov.
Applicants for personnel licenses (agents, directors, teachers) should be mindful the application fee is for an evaluation of the application, and not the license itself. BPSS will not waive or refund application fees if an applicant is denied a license. This includes teacher applicants that apply for the wrong license type. Applicants for personnel licenses should consult the BPSS website to ensure their background and education meets the qualifications of the license they are seeking.
Recording Engineers Institute – Islandia, New York
Recording Engineers Institute (REI), located at 100 Patco Court Unit 5, Islandia, New York, has closed due to the passing of its owner and director, James Bernard.
Students enrolled at REI who have been unable to complete their program due to the school’s closure are entitled to a full refund of all paid tuition costs through the New York State’s Tuition Reimbursement Account (TRA). To initiate a refund, students must complete the BPSS Complaint Form, or send an email request to BPSS@nysed.gov.
Students who have questions or need further assistance may contact Richard Cohen, Supervising Investigator with BPSS, by email at BPSS@NYSED.GOV
Annual Financial Statement Reporting
All schools are required to submit an annual financial statement according to the following deadlines:
- Schools with a fiscal year end date of December 31, 2020 shall submit their required annual financial report for the school’s 2020 fiscal year on or before July 1, 2021.
- Schools with a fiscal year end date on or after January 1, 2021 shall submit their required annual financial report for the school’s 2020-2021 fiscal year no later than 120 days from their fiscal year end date. For example:
- Schools with a March 31, 2021 fiscal year end date shall submit their required annual financial report for the fiscal year ending March 31, 2021 on or before September 1, 2021.
- Schools with a June 30, 2021 fiscal year end date shall submit their required annual financial report for the fiscal year ending June 30, 2021 on or before November 1, 2021.
- Schools that have not submitted an annual financial statement for the school’s fiscal year beginning in 2019, must include both the 2019-2020 and 2020-2021 fiscal years in the annual financial statement reporting. A single audited financial statement covering both fiscal years shall be due no later than 120 days after the end of the school’s 2020-2021 fiscal year.
Schools failing to meet the submission deadlines for annual financial statement reporting will be subject to penalties pursuant to section 5003(6)(a) of the Education Law.
Note: For the subsequent annual reporting periods (reports due in 2022 and thereafter), all schools will be required to submit the annual financial statements no later than 120 days from the school’s fiscal year end date.
Submission Guidance
Instructions for submitting the annual financial statement are available on the BPSS web-based system:
- Log-in to the BPSS system
- After selecting School Administrator role, click the Help link on the top green tool bar of the BPSS web-based system.
- From the BPSS Help Documents window, select Financial Statement Application. This document will provide step-by-step instructions for financial submissions.
Questions
Additional questions related to annual financial reporting can be directed to: bpssschoolreviews@nysed.gov
Distance Education Approval
All BPSS schools that were initially granted temporary approval under section 126.4(a) of the Commissioner’s regulations to offer theory coursework (and limited skills coursework on a case-by-case basis) through online learning modalities are now approved to offer such coursework via online learning modalities for the full duration of their approved curricula, i.e. until the date each curriculum is set to expire and requires reapproval.
In the interests of efficiency, BPSS will not re-issue approval letters for online curricula. The initial notice from BPSS reflecting temporary distance education approval, as per this guidance, shall have the force and effect of approval and shall be considered sufficient evidence of state authorization for distance education for the full duration of the approved curriculum. Such distance education approval may be rescinded for cause, based on a finding of non-compliance with the provisions of Part 126 of the Commissioner’s regulations.
At the time of curriculum reapproval, schools currently approved to offer coursework through online learning modalities will be required to submit additional information and documentation for the purpose of reapproval and meet any new requirements for online reapproval in effect at that time.
Beginning in the 2020-2021 reporting year, all schools approved to offer coursework through online learning modalities will be required to submit Occupational Education Data Survey data (due April 15, 2022) disaggregated by curricula offered in the following formats: 1) fully online; 2) hybrid/blended; and 3) face-to-face only. Schools should ensure current data collection efforts facilitate data reporting in this manner.
Follow-up to the March 13, 2020 Guidance for BPSS-Regulated Schools
BPSS-regulated schools are subject to all State and local laws, regulations, and Executive Orders applicable to private businesses in New York State, including those related to the COVID-19 crisis. Related to the COVID-19 crisis, determinations of whether businesses are essential, whether businesses can re-open, and whether businesses’ COVID-19 risk-reduction plans are approvable, are made and regulated by agencies and municipalities other than the New York State Education Department. Thus, schools should not submit re-opening plans to BPSS for approval, and should instead continue to follow State and Local Department of Health Guidance concerning COVID-19 and the protocols for possible re-opening being implemented by regional control boards. However, once a school has been approved to re-open, the School Director should notify their BPSS Field Associate by e-mail.
To assist in school planning, it is important to note that the March 13, 2020 Guidance for BPSS-Regulated Schools Impacted by the COVID-19, which was not directly tied to mandatory business closure, will remain in effect after businesses are permitted to re-open in order to accommodate educational changes that might be necessary to implement upon re-opening. Specifically, any approvals or special exemptions to offer online learning granted under Part 126.4(a) will remain in effect, as will the procedures for making any adjustments to the conditions of enrollment or course completion that are necessary to respond to COVID-19. Any adjustments to approved school catalogs in response to COVID-19 may also be made by following the same procedures.
BPSS Field Associate e-mail contact information is available here at the BPSS staff webpage.
Requests to Offer Skills Coursework Online
BPSS will consider school requests for a temporary special exemption to offer certain skills-coursework through online learning modalities under the following conditions. In addition to meeting the five criteria set forth in the March 13, 2020 Guidance Memo, School Directors must also attest and agree to meet each of the following conditions:
- Ensure that online skills-training offered by the school affords opportunities for students to:
- View multiple exemplar models of skills being performed, which are clearly explained, and can be broken down into steps in the right sequence.
- Ask questions of teachers and receive feedback in real-time, while examining a few examples of skill performance in-depth.
- Practice skills and receive immediate and quality assessment feedback from teachers.
- Practice skills in conditions that very closely approximate the authentic real-world situations in which skills are performed.
- Practice skills using instructional equipment that is comparable to the equipment currently used by business or industry in the occupational area for which the curriculum was developed, at no additional cost to the student.
- Limit online skills courses to no more than 10 students per course session, taught by at least one appropriately licensed teacher.
*New Clarification – a course session may have 20 students if there are 2 appropriately licensed instructors (maintaining a 1:10 teacher to student ratio). - Adhere to and clearly disclose the following information to students, in writing, prior to their actively agreeing in writing to proceed with online skills training (email disclosure and agreement will count):
- Students may exercise any of the three following options: 1) proceed with online skills-training; 2) take a leave of absence without penalty or additional cost; 3) withdraw from the program with a refund per their enrollment agreement. And, make clear to students that should they initially choose option 1), they may also exercise option 2) and 3) at any point in the training thereafter.
- Identify the specific skills coursework and corresponding clock hours that can be completed online.
- Identify the specific skills coursework and corresponding clock hours that cannot be completed online because there is no comparable at-home alternative to the equipment currently used by business or industry, or because performance of the skill outside the direct supervision of an expert would be a safety risk, if any. And, disclose that such coursework and corresponding clock hours must be completed on-site once the school location can legally and safely re-open.
- For every hour of skills instruction delivered online, upon the request of the student or program completer, the school will provide one-hour of on-site guided skills-practice without undue delay (hours grouped together for full performance of a skill) once the school can legally and safely re-open, at no additional cost. (If a student or program completer wants to practice skills learned initially online, on-site with guidance after a re-opening, the school will provide that opportunity).
- Ensure that the online skills training will enable students to develop those skills and competencies required for employment in the occupational area for which the curriculum was approved.
Certain skills curriculum and courses are not eligible for special exemption for online approval. Curricula and coursework not currently eligible for online delivery include, but are not limited to: Nurse Aide/Assistant, Dental Assistant, Dialysis Technician, EKG, Home Health Aide/Personal Care Aide, Medical Assistant – Clinical, Patient Care Technician, Phlebotomy, Ultrasound, Automotive Repairs, Cosmetic Laser Hair Removal, Microblading/Permanent Make-up.
Procedure for Making a Request
To request a special exemption, School Owners/Directors should send an e-mail to their Field Associate, and copy Charmaine Grant, Supervisor of Education Programs. In the e-mail, School Owners/Directors must explicitly attest and agree to meeting each of the four conditions identified above. In addition, where appropriate, School Owners/Directors should provide a very brief, but cogent explanation of how each provision is being met.
Notes
- Any temporary special exemptions granted to offer skill-coursework online will sunset when the schools licensed location can legally and safely re-open. However, it is important to note that schools’ temporary special exemption to offer theory coursework online will remain in effect for an extended period of time after a school’s licensed location has reopened in order to facilitate transitions and safe re-entry scheduling on-site.
- Schools granted a temporary special exemption must consult with state and federal student financial aid oversight bodies, including but not limited to ACCES-VR, accrediting agencies, and United States Departments of Education and/or Veterans Affairs, to determine whether any additional approvals or restrictions apply.
Any questions may be directed to your BPSS Field Associate. Field Associate e-mail contact information is available here at the BPSS staff webpage.
Additional Guidance for BPSS-Regulated Schools Impacted by COVID-19
- The submission deadline for the 2018-2019 Occupational Education Data Survey (OEDS) has been moved to September 30, 2020. BPSS anticipates OEDS submission forms will be made available in the next few weeks. Please note that the reporting period has not changed, and remains July 1, 2018 through June 30, 2019. Additionally, schools should continue to collect data for the 2019-2020 reporting period, as the submission deadline for the 2019-2020 reporting period is still planned for April 15, 2021.
- The submission deadline for the filing Annual Financial Statements for the most recently completed fiscal year has been moved to September 30, 2020. This is a one-time extension of filing requirements. The 2021 filing deadline will remain July 1, 2021.
Guidance for BPSS-Regulated Schools Impacted by COVID-19
The Albany and New York City BPSS Offices will be closed to the public for the next two weeks. BPSS staff members will be responding to e-mail inquiries remotely.
Please see the following memo: Guidance for BPSS-Regulated Schools Impacted by the COVID-19. Specific questions regarding the information in this memo can be directed to Schools’ designated BPSS Field Associate by e-mail and copy Charmaine Grant, Supervisor of Education Programs, at: charmaine.grant@nysed.gov. General questions can be directed to BPSS@nysed.gov.
Field Associate e-mail contact information is available here at the BPSS staff webpage.
Updates
- All schools granted special exemption to temporarily utilize online learning in response to COVID-19 shall remain responsible for ensuring that any instruction delivered via online learning modalities is comparable in scope and quality to the face-to-face instruction upon which the original curriculum approval was based, and for accurately documenting that students have completed all required curriculum hours.
- Schools offering appearance enhancement curricula leading to licensure from the New York State Department of State are eligible to request a special exemption to temporarily offer knowledge-based (theory) coursework online. Approvals will be granted if schools are able to satisfy the five elements necessary for special exemption as outlined in the guidance memo.
Advisory Council Updates
Upcoming Meetings
The next Advisory Council meeting is scheduled for April 27, 2022 from 10:30am to 1:00pm. For more information contact Frank Talty, Advisory Council Chair, at fstalty@aol.com