Non-Degree Granting School Licensing Process

Education Law Sections 5001 and Section 126 of the Commissioner's Regulations provide the State Education Department with the authority to license/register non-degree licensed private schools in New York State and to determine the forms necessary to issue those licenses.

If you are inquiring whether you are required to be certified or licensed by BPSS, please review Education Law Sections 5001(1) and 5001(2).

Certified English as a Second Language (ESL) school can teach English as a Second language, incl. specialized vocabulary like Business English, prep classes for ESL testing (for example: TOEFL and IELTS), but cannot teach TESOL.

Licensed Private Career (LPCS) Schools can apply to teach the above ESL school subjects, as well as training programs in allied health, business, trade, appearance enhancement or other acceptable fields that are not under the oversight of another agency, or exempt.

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.

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.

Registration and Licensure Requirements

In an ongoing effort to assist prospective school owners/directors with the initial licensure process, the Bureau has determined that the following six elements are those minimally required in order for a school to receive its initial license/registration:

  1. Ownership documentation;
  2. Curriculum or program application;
  3. Personnel Licenses;
  4. Administrative documents and enrollment agreements;
  5. Financial; and
  6. Quarters.

Time Allowed for Certification or Licensure

Policy Guideline 3-0800 www.acces.nysed.gov/bpss/schools/initial-licensure-process

In order to ensure that this initial licensure process is timely and effective, all applicants not approved as a candidate school, will be given eight months to complete the critical six elements towards their school license.   Once BPSS sends a letter acknowledging receipt of the school license application and fee, the eight month time period will begin.  Within that eight month period, the initial license will be issued provided the critical six elements are satisfied.  If the critical six elements have not been completed to the satisfaction of BPSS within that eight month timeframe, the school's license application shall be denied, and the applicant will be provided with a written denial including the specific reasons for such denial.  In order to complete the process within this time period, BPSS strongly recommends that school applicants submit, with the initial application package, materials that satisfactorily address all six critical elements and meet the requirements of the Education Law and Commissioner's Regulations.

New School Registration and Licensure Information

Application Fees

Application Process

LPCS Candidacy Requirements   (www.acces.nysed.gov/bpss/candidate-schools )

Requirement for certification or licensure

  1. Ownership Documentation
  2. Curriculum or Program Application

LPC schools – Curriculum Requirements

                        ESL schools – Program Application Requirements

  1. Personnel
  2. Administrative Documents and Enrollment Agreements 

                           LPC schools

                           ESL schools

  1. Financial Requirement
  2. Quarters Requirement

Law and Regulations (www.acces.nysed.gov/bpss/laws-and-regulations)

Policy Guidelines  (www.acces.nysed.gov/bpss/policy-guidelines)

Application Fees

Per NYS Education Law 101 all fees listed below are non-refundable.

  • New school application fee $5,000 (LPCS and ESL)
  • Candidate school application for a LPCS fee is $5,000 (If you are filing to be a candidate school, you will need to file for candidacy at the same time and pay an addition $5,000 non-refundable application fee)
  • 2nd School location application fee $2,500 (schools apply under the same ownership that have a valid certification or licensure only)
  • Director application $100.00
  • Agent application $200.00*
  • LPC school only
  • ESL schools only
    • ESL Teacher application – $0.00
    • ESL Program application – $0.00

*Director holding a valid director permit or license is entitled to an agent certificate without incurring the agent application fee at the school their director permit or director is valid at. The director still must complete the agent application and satisfy the requirements for certification as an agent.*

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Application Process

Step 1: The applicant first needs to decide what type of school you are going to apply for, ESL or LPCS and review the registration and licensure requirements.

For LPC school’s only.  Decide, in addition to licensure, if you are applying for a one time only candidacy. If you are applying for candidacy, please review the candidacy school requirements (in addition to the licensure requirements) at www.acces.nysed.gov/bpss/candidate-schools

Step 2: If you do not already have a personal My.NY.gov account, you will need to create a personal account with My.NY.gov as shown in the application instructions at www.acces.nysed.gov/common/acces/files/bpss/School_License_Application.pdf

Step 3: Locate the BPSS tab in My.NY.gov and register with BPSS as shown in the application instructions.

Step 4: On the public application screen, you will be able to file a new school application by selecting the “Apply for School Licenses” tab. You can return here to start a new school application or continue an application that is not yet filed.

   Step 5:  Select the type of school (LPCS or ESL) and click next

Step 6: For LPCS only, indicate whether or not you are applying for candidacy.  Please ensure that you read the candidacy requirements and limitations at www.acces.nysed.gov/bpss/candidate-schools before selecting “yes”.

Step 7: Complete the school information screen by adding the school information.  In the school name filed, you must use the name exactly as it is approved on the school ownership papers.

Step 8:  Add the school’s address information.  (LPCS applying for candidacy must complete this section)  For all others, BPSS suggest that you do not lease a facility until you are close to being licensed. If you do, you will incur rent, but not be able to operate the school until it is licensed. The licensing process takes about eight months.  You do not need to have quarters to file the school application at this time, but if you already have them, please complete this portion of the application.

Step 9: Verification of your contact information. Please review and verify your contact information. If any of your contact information is incorrect, you will need to  update/edit as needed.  For instructions on updating your information, click on the help link and select the “Update Personal Information” instructions from the dropdown.

  Step 10:  Add ownership information.

Step 11: Add the stakeholders’ information.  BPSS often is asked if this information is required and the answer is “yes”,    this includes personal information and social security numbers.

  If your corporation has board members, please list the board members first.

  If your business has more than eight owners, please list the top eights.

Step 12: The system will now display a basic list of required ownership documentation that will be uploaded on the next page.  If you have not already done so, please collect this information and make PDF files of those documents for uploading.

  • The original Secretary’s 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.

Step 13: Uploading of ownership information. Please review documentation required for your specific type of owner listed below under detailed information.

  • Select the green add files tab;
  • Select the ownership file on your computer that you want to upload and click open;
  • After you have selected the file, a category dropdown list will appear.  In that dropdown, select ownership.
  • A description dropdown box will appear.  In that dropdown, select the corresponding file name of the document you are uploading.
  • Then click the start button to prepare the download.
  • Continue to upload ownership documents as needed.
  • Click next.

Step 14: The system will now display a basic list of requirements for administrative forms, financials, quarters and personnel.  Please review and print if needed.             

Step 15: On the required school document page, please upload any and all required documents you have ready for review. Please review documentation required for your specific type of school, including templates, which are listed below under detailed information.

  • Select the green add files tab;
  • Select the ownership file on your computer that you want to upload and click open;
  • After you have selected the file, a category dropdown list will appear.  In that dropdown, select ownership.
  • A description dropdown box will appear, in that dropdown, select the corresponding file name of the document you are uploading.
  • Then click the start button to prepare the download.
  • Continue to upload ownership documents as needed.
  • Click next.

Step 16: Answer the new school information questions.  Any answer of “yes” requires an explanation to be written in the explanation box.

             Step 17: Attest to the application.

Step 18: Pay the new school application fee.  An evaluation cannot be made without an application and non-refundable fee. Once the evaluation is performed, the fee is earned regardless of whether the application was approved, denied or withdrawn.

  • ESL school application $5,000*
  • LPC school application $5,000*
  • LPC school application with candidacy application, total $10,000 ($5,000 for licensure and $5,000 for candidacy)

*2nd School location licensure application fee is $2,500 and can only be paid by voucher (schools apply under the same ownership that has a valid certification or licensure only)

Credit card: If the applicant is paying by credit card, they applicant can make a payment and immediately log out and back in to receive administrator rights to the school and continue the application process.

Checks: If the applicant is paying my check, they will need print a voucher at the end of the application and mail the voucher, with the check, to the address on the voucher.  Applicants will not be able to continue the certification or licensure process until the application fee is received and processed, this can take 2-4 weeks.

Step 19: After the fee has been processed, and the applicant has logged out and back in, BPSS recommends filing of the school curriculum or program application(s) next.             

Please select your type of school for specific instruction related to your school.

LPC schools – Curriculum Requirements

             ESL school - Program Applications

Step 20: Filling of School’s Personnel Applications.

All BPSS schools are required to have a director, agent, and a teacher.  One individual can be the director, agent, and teacher, if they satisfy the requirements for each. The school could be required to have more than one. For example, if the school has two classes running at the same time, the school will need to have at least two teachers, one for each class.

To complete an agent or director applications, the applicant will need your permission to apply. This permission is granted by you providing the applicant an employee verification code that allows them to start an application under the name of your school.  Even if you are completing the application yourself, you will still need to create a code for each application. (Please note, teachers do not need an employee verification code.)

For instruction on generating an employee verification code for agent and directors:

  • please login;
  • select the school administrator role;
  • Select Generate Employee Verification Code
  • Select from the dropdown the type of application you would like an employee verification for and give that code to the applicant.

For an applicant to file an application, they will need their own My.NY.gov account. Qualifications, instructions, and personnel applications can be found at www.acces.nysed.gov/bpss/school-personnel-information-and-application

Please note, the administrative form catalog cannot be approved without the personnel listed in the catalog being approved first.

Step 21: Respond to requests for documentation and complete the licensure process in the time frame provided per Policy Guideline 3-0800.

Additional documentation can be uploaded under the administrator role using the Manage Documents and Manage Enrollment Agreements tabs, detailed instructions can be found under the help link.

Detailed information

  1. Ownership Documentation
  • 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. www.counsel.nysed.gov/consents/forms
    • 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. www.counsel.nysed.gov/consents/forms
    • 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.
    • Secretary Certificate Template www.acces.nysed.gov/common/acces/files/bpss/SecretarysCertificate.pdf  
    • Secretary Certificate Instructions  www.acces.nysed.gov/common/acces/files/bpss/SecretarysCertificateInstructions.pdf 
  • 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.

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2) Curriculum or Program Application

LPC schools – Curriculum Requirements

Every licensed private school is required to have a least one approved course or curriculum, see part 126.4 of the Commissioner’s Regulation (www.acces.nysed.gov/common/acces/files/bpss/commissioners_regulations_126_effective_6-29-16.pdf  ).  The application must specifically describe the course of instruction including components such as: duration of the program, performance objectives, occupational objective(s), means and methods of instruction, etc.

Section 5002(4)(b) of the Education Law states: In approving curriculum, the commissioner shall take into consideration the following:

  1. that the entrance requirements demonstrate that students possess the skills, competencies and prerequisite knowledge needed to progress in the curriculum;
  2. that the content will enable the student to develop those skills and competencies required for employment in the occupational area for which the curriculum was developed;
  3. that the school will utilize appropriate instructional methods; and
  4. that the instructional equipment used within the curriculum is comparable to the equipment currently used by business or industry in the occupational area for which the curriculum was developed.

Curriculum Fees:

New Curriculum applications $100 – $250 (Additional fees may be required for external evaluations) see Part 126.4 of the Commissioner's Regulations (www.acces.nysed.gov/common/acces/files/bpss/commissioners_regulations_126_effective_6-29-16.pdf)

Amendments to Curriculum – Updating in classroom books does not require an amendment, please email your change to the curriculum unit.  Any significant change in the program outline or hours requires a fee and follows the same guidelines as a new curriculum application.

Curriculum Renewals – there are no fees for renewals without any significant changes in the program outline or hours.  (Updating a classroom books in not considered a significate change)

Categories of Courses and Curriculum             

Choose what curriculum the school will be teaching.  In an effort to assist the applicant, course/curriculum have been separated into four categories:

  1. Curriculum that requires another agency approval, prior to submission to BPSS.

For some course/curriculum, you will need to obtain approval of another office or agency before submitting it to BPSS for their approval at your school, such curriculum includes:

  • Security Guard training – The school must obtain Criminal Justice approval first.*
  • Licensed Private Nurse (LPN) – The school must obtain NYSED Office of Professions approval first.*
  • Reality course – The school must obtain Department of State approval first.*
  • Any continue education course (CEU) – The school must obtain approval of the agency or body accepting the CEU first.*

Acceptable documentation of that approval must be submitted to BPSS with a     completed BPSS curriculum application for approval.

  1. There are courses/curriculums that do not need another agency’s approval first, but have specific requirements that must be satisfied to obtain approval by BPSS.  BPSS in an effort to assist the school has prepopulated curriculum with the minimum requirements.  Schools are encouraged to add to the curriculum application any additional hours or training that the school would deem necessary.
  1. In addition, there are course/curriculum that can be submitted that are called National Recognized Venders. In regulation, a nationally recognized vendor is defined as “… an independent, industry recognized, educational products provider offering curriculum and instructor qualifications to third party educational service providers via the internet and other appropriate media."

In an ongoing effort to assist schools who wish to avail themselves of these processes, BPSS is issuing this list of the nationally recognized vendors that BPSS currently finds to satisfy the regulatory definition. This list will be periodically updated as more vendors are reviewed and approved. Please note that some of the vendors do not provide for teacher qualifications and, therefore, that portion of the streamlining process does not apply.

Click here for a list of National Recognized Venders listed on Policy Guideline 1-0300 www.acces.nysed.gov/content/nationally-recognized-vendors

  1. All other curriculum will need to be developed by the school and BPSS has provided the information and resources on this page to help and assist the schools in the development of those curriculums.  It is important to understand, that the Curriculum Unit’s function within BPSS, is to ensure that the overall educational quality of the courses and curriculums that are presented to BPSS for approval. It is not the responsibility of BPSS, but the responsibility of the school to develop if necessary and properly submit an acceptable course or curriculum for approval.

Curriculum Process

Step 1) Review the information above and obtain any information or documentation required to be submitted with the application.  Curriculum application cannot be filed until the school’s application is filed.

Step 2) Complete a curriculum application for each of the courses or curriculums. You can find instructions for logging in and completing the online application here   www.acces.nysed.gov/common/acces/files/bpss/NewCurriculum-Enter.pdf

  Step 3) Upload the supporting documentation to the application as needed.

Step 4) Attest to and pay the appropriate application fee(s).  Curriculum is reviewed in the order that the application fee has been satisfied.

If you pay by credit card, the system should show that the application has been moved into a “Ready for Review” status.  If you pay by check, please allow 2-3 weeks for processing.  You can check the status of the application on the system at any time.

The Review Process

The curriculum unit, within BPSS, has 120 days to review curriculum upon submission, which occurs after the fee has been satisfied and your application is moved to a “Ready for Review” status.  You can review and confirm the status on of the application by logging into the school account.

Curriculum Resources

TAP curriculum application

www.acces.nysed.gov/common/acces/files/bpss/CurriculumTAPEligibleApplication.pdf

Dental Assistant Certificate vs. Certified Dental Assistant

www.acces.nysed.gov/bpss/guidance-dental-assistant-certificate-vs-certified-dental-assistant

E-Textbooks, data plans, and devices as part of curriculum

www.acces.nysed.gov/common/acces/files/bpss/E-TextbookMemo12-4-14.pdf             

Nail Technician Student Protective Equipment  

www.acces.nysed.gov/common/acces/files/bpss/protectiveequipmentfornailtechnicianstudents6-9-15.pdf

TABE Test as an Approved Ability to Benefit (ATB) Test Disapproved by USDOE

 www.acces.nysed.gov/bpss/federal-disapproval-tabe-test             

Title IV Eligibility via State Authorization

http://www.acces.nysed.gov/bpss/changes-tap-entrance-requirements

Training, Tutorials and Technical Assistance

www.acces.nysed.gov/bpss/training-tutorials-and-technical-assistance

Policy Guidelines

www.acces.nysed.gov/bpss/policy-guidelines

Law and Regulations

www.acces.nysed.gov/bpss/laws-and-regulations

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ESL Schools – Program Application Requirements

ESL school program applications (ESL schools’ ONLY)

A program application is required to be submitted and approved for each program being taught at an ESL school, prior to being offered.

Step 1) Complete the program application www.acces.nysed.gov/common/acces/files/bpss/ESLProgramApplicationBPSS-126.pdf and review the program application instructions (link to www.acces.nysed.gov/common/acces/files/bpss/ESLProgramApplicationBPSS-126Instructions.pdf ) if needed.

Step 2) Upload the completed document.  The PDF file should be uploaded under the school’s administrative documents, program application.

Step 3) If you have already filed a school application, you can email BPSS@nysed.gov that the document is ready for review.  Please ensure to include the name of the school and the name of the program application that was uploaded.

Please note: Program application approval alone does not authorize a school to offer the programs; the school also must have a corresponding and approved enrollment agreement associated with the approved program application.

3) Personnel

All BPSS schools are required to have a director, an agent, and a teacher.  One individual can be the director, agent, and teacher, if they satisfy the requirements for each.

Please note, the administrative form catalog cannot be approved without the personnel listed in the catalog being approved first.

For an applicant to file an application, they will need their own My.NY.gov account.  In addition, all applicants applying to be an agent or director must have an employee verification code to file an application for those positions. This code is created by you and is part of the administrative rights you will receive after the school application fee has been processed.

For instruction on generating an employee verification code:

  • please login;
  • select the school administrator role;
  • click on the “Help” button; and,
  • Select from the dropdown “Generating Employee Verification Code” and download the instructions.

Director Applicants (Permit/Licensure)

The director must be on school premises anytime the school is in attendance.  A person must meet the following educational qualifications and practical experience requirements below to become a licensed Director:

  • High School Completion or GED or TESC; and,
  • Any combination of the following:
  • 5 years of practical experience in program taught at the school
    • or
  • 5 years of teaching experience in program taught at the school
    • or
  • 5 years of administrative/supervisory experience
    • or
  • Baccalaureate or higher degree in business administration, educational administration, or public administration

Please note that being a director at a LPCS does not automatically qualify one to be an agent or a teacher at the school.  There are separate requirements to be met for each of those.

For more information, please review the director application process at www.acces.nysed.gov/bpss/director-applicants-permitlicense.

Agent Certification

An application for each person who will be involved in soliciting, procuring, or enrolling students in the school must be submitted with this application.  Agent and director applications cannot be filed until after the school application has been filed.

For more information, please review the agent application process at www.acces.nysed.gov/bpss/agent-applicants

Teachers

              LPC School Teacher

Please note that Private Career School Teacher Licenses are ONLY VALID at private career schools licensed by the Bureau of Proprietary School Supervision (BPSS).   For more information of the LPC school teacher application process and qualifications, please go to www.acces.nysed.gov/bpss/licensed-private-career-school-teacher-applicants

             ESL School Teachers

Certified ESL Schools must employ English as a Second Language Teachers who have earned at least a Baccalaureate or equivalent degree from an institution registered or recognized by the New York State Education Department’s Bureau of Proprietary School Supervision (BPSS). Each teacher must also have successfully completed either an English as a Second Language training program recognized by BPSS or have one year of teaching experience in an English as a second language program.  For more information of the ESL school teacher application process and qualifications, please go to www.acces.nysed.gov/bpss/esl-school-teacher-applicants

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4) Administrative Documents and Enrollment Agreements

While ESL schools and LPC schools do have some of the same document requirements, not all the requirements are the same.

Please note, not all administrative document, nor the enrollment agreements, can be approved without the curriculum or program applications being approved first.

LPC Schools Only

The New York State Education Law and the Regulations of the Commissioner of Education mandate the use of various forms to guide the administrative and record keeping responsibilities of the school. The following web site contains prototypes of administrative forms that are approved for use in non-degree licensed private career schools, www.acces.nysed.gov/bpss/prototypes-administrative-forms

  1. Agent Training and Supervision Manual

You can add the school information to the template. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/Agent_Training.pdf

  1. Attendance Record

Separate attendance register sections must be used for each class/section. Different subject and/or different levels of the same subject cannot be taught in the same classroom at the same time without prior written approval from the Bureau of Proprietary School Supervision.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/attendancerecordsample.pdf

  1. Catalog

The catalog is a published document that describes all aspects of the institution including the courses offered, rules and regulations of the institution, graduation requirements, etc.  Each prospective and enrolled student must receive a copy of the catalog, and it must be published in the principle language used in the sales presentation to the student.  You can find the required components of the catalog at www.acces.nysed.gov/common/acces/files/bpss/catalog.pdf

  1. Counseling Plan (Ability to Benefit, if applicable)

The counseling plan is a detailed description of the programs, remediation, and institutional support available for students at the institution, particularly those who have not completed a high school education or its equivalent.  NOTE: The counseling plan is not required if the institution limits enrollment to students with a high school diploma or equivalent.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/counseling_plans.pdf

  1. Description of how the school ensures good attendance

You can view a sample language regarding school attendance policy designed to ensure good attendance. Schools may develop their own policy. This is provided only as a sample. Whatever attendance policy is submitted and approved must also be listed in the school's catalog. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/good_attendance.pdf

  1. Leave of Absence Forms

A Leave of Absence is to be granted only in extenuating circumstances, such as an accident, prolonged illness, maternity leave, or the death of a relative. The school is expected to explain the implications of a leave to the student. If the student fails to return on the agreed upon date, the student will be dismissed and a refund calculation performed. Some programs may be too short to make a leave of absence practical. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/leave_of_absence.pdf

  1. Master Teacher/Class Schedule Form

Each school should always have a schedule of which teachers are scheduled for the week, as well as each room being utilized. This schedule helps to add organization to the school structure.  Please complete as appropriate for your school and submit.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/teacher_schedule.pdf

  1. Program Completion Certificate or Diploma

A Certificate of Completion is to be awarded to each student completing a course or curriculum.  It is to reflect the name and address of the institution, the student’s name, the course/curriculum, number of hours, and the date of completion.  The Certificate must be signed by the licensed Director and a school seal is required.  The official school seal will ensure that the certificate cannot be duplicated without consent.  Copies of the certificate of completion are to be kept in the student’s academic file.  The certificate of completion is critical in assisting students upon school closure.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/completion_cert.pdf

  1. Progress Record Form

The Progress Record Form is the student report card which indicates how well the student is doing in the program being offered, whether the student is satisfactorily progressing, being placed on probation, or being dismissed. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/progress_record.pdf

  1. Receipts Form for Students

The Receipt Form for students is a receipt given to students to acknowledge payment of any fees to the institution.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/receipt.pdf

  1. Refund Calculation Form

The Refund Calculation Form is a calculation sheet used to determine refunds owed to students who cease instruction, whether through withdrawal or termination, prior to the completion of the program.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/refund_calc.pdf

       l. Refund Policy Guidelines

These guidelines are designed to facilitate an understanding of the refund policies set forth in the Amendments to Education Law Section 5002 passed in July 1990. On November 15, 1990 the Board of Regents approved final regulations defining an instructional week, quarter, and term.  You can find for information at www.acces.nysed.gov/bpss/refund-policy-guidelines

  1. Student Disclosure Pamphlet (Student Rights)

All prospective and enrolled students in a non-degree granting proprietary school are required to receive this pamphlet.  This pamphlet provides an overview of students’ rights with regard to filing a complaint against a school and accessing the tuition reimbursement fund if they are a victim of certain violations by the school.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/disclosure.pdf

       n.  Student Ledger Card

The Student Ledger Card is the document that summarizes the financial transactions pertaining to each student’s attendance at the institution including a listing of all costs charged to the student and all fees received from the student or any other funding source on behalf of the student. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/ledger.pdf

       o. Student Transcript

A transcript is the final document listing the courses, grades, and final average as well as other permanent student record requirements. Important information for future employment or continuing education is contained on the transcript.  A final transcript is expected to be maintained in the student’s academic file and is critical for student assistance when a school closes.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/transcript.pdf

  1. Teacher Evaluation Forms

An evaluation of each instructor is to be done on a regular basis, both announced and unannounced, but no less than once a year.  It is an opportunity for the director to become acquainted with the teacher’s instructional style and abilities.  It may result in suggestions for improvement, as well as commendations for specific strengths.  It is also an opportunity for the instructor to provide feedback on the evaluation and to develop dialog between the director and the instructor.  An awareness of the quality of instruction in your institution may assist in preventing problems in the classroom.  You can find the template at www.acces.nysed.gov/common/acces/files/bpss/teacher_eval.pdf

  1. Enrollment Agreement

The Enrollment Agreement is the contract signed between the student and the institution. The agreement specifies the conditions under which the school will provide instruction to the student. It also specifies all costs a student must pay in order to enroll in a specific school program. A copy of the completed enrollment agreement must be given to the student upon execution of the enrollment agreement. The student and an authorized agent of the school must date and sign the agreement prior to the time instruction begins. You can find the template at www.acces.nysed.gov/common/acces/files/bpss/enrollmentagreementsample.pdf

ESL School Only

  1. Attendance Record

Separate attendance register sections must be used for each class/section. Different subject and/or different levels of the same subject cannot be taught in the same classroom at the same time without prior written approval from the Bureau of Proprietary School Supervision.  You can find a template at http://www.acces.nysed.gov/common/acces/files/bpss/attendancerecordsampleesl.pdf

  1. Description of Refund Policy(ies)

The school must submit a description of any and all refund policies which pertain to English as a Second Language programs.  A refund policy must include provisions for students who fail to enter, withdraw, or are discontinued after money has been paid.  The most common format for presenting refund policies is in a school catalog. (No template available)

  1. Educational and Administrative Policies and Procedures

The school must state all policies and procedures of the school to which the student must adhere.  The most common format for presenting these policies and procedures is in a school catalog. (No template available)

  1. Enrollment Agreement

The Enrollment Agreement is the contract signed between the student and the institution. The agreement specifies the conditions under which the school will provide instruction to the student. It also specifies all costs a student must pay in order to enroll in a specific school program. A copy of the completed enrollment agreement must be given to the student upon execution of the Enrollment Agreement. The student and an authorized agent of the school must date and sign the agreement prior to the time instruction begins. You can find an template at www.acces.nysed.gov/common/acces/files/bpss/ESL_Sample_EA_and_Checklist.pdf

  1. ESL Certificate of Completion

A Certificate of Completion is to be awarded to each student completing a course or curriculum. It is to reflect the name and address of the institution, the student’s name, the course/curriculum, number of hours, and the date of completion. The Certificate must be signed by the licensed Director and a school seal is required. The official school seal will ensure that the certificate cannot be duplicated without consent. Copies of the certificate of completion are to be kept in the student’s academic file. You can find a template at www.acces.nysed.gov/common/acces/files/bpss/completion_cert.pdf

  1. Leave of Absence Forms (if applicable)

A leave of absence is to be granted only in extenuating circumstances, such as an accident, prolonged illness, maternity leave, or the death of a relative. The school is expected to explain the implications of a leave to the student. If the student fails to return on the agreed upon date, the student will be dismissed and a refund calculation performed. Some programs may be too short to make a leave of absence practical.  You can find a template at www.acces.nysed.gov/common/acces/files/bpss/leave_of_absence.pdf

  1. Student Transcript

A transcript is the final document listing the courses, grades, and final average as well as other permanent student record requirements. Important information for future employment or continuing education is contained on the transcript.  A final transcript is expected to be maintained in the student’s academic file and is critical for student assistance when a school closes. You can find a template at www.acces.nysed.gov/common/acces/files/bpss/transcript.pdf)

  1. Student Ledger Card

The student ledger card is the document that summarizes the financial transactions pertaining to each student’s attendance at the institution including a listing of all costs charged to the student and all fees received from the student or any other funding source on behalf of the student. You can find a template at www.acces.nysed.gov/common/acces/files/bpss/ledger.pdf

  1. Student Disclosure Pamphlet

Part 126.10(j)(5) of the Commissioner’s Regulations describes the necessary contents of the student disclosure material.  The Department has prepared a student pamphlet which includes this information and which may be duplicated and translated.  If the school wishes to use this, they must make a statement as part of the application process that each student will receive a copy prior to the time of enrollment.  Student disclosure material must be distributed in the student’s native language, as well as in English.  If the Department disclosure pamphlet will not be used, the school must submit a copy of what they will use to satisfy this requirement to the Bureau and have it accepted. You can find a template at www.acces.nysed.gov/common/acces/files/bpss/ESLStudentDisclosurePamphlet.pdf

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5) Financial Requirement Required for Licensure

Please note, that while the financial documents required for licensure can be reviewed, the balance sheet and 12 month projection cannot be approved without the corresponding information on those document being approved.  For final approval, the enrollment agreement and quarter with the corresponding figures must be approved.

  1. Listing of all owners'  bank accounts

A statement indicating the location and type of all bank accounts held by the corporate owner or partners in their official capacity. The corporate owner is the business bank account.

  1. Balance Sheet

Signed and attested to within 30 days of application, not a projection. A balance sheet is a financial statement that shows the business worth, including assets, liabilities and net worth (business equity).

  1. 12-month projected operating statement

A projected operating statement including projected profit and loss for the school for a 12-month period, showing each month,  using the following formula:  Number of anticipated students X average tuition per student = anticipated gross tuition income.  Next subtract all anticipated expenses and student refunds (show all calculations) to show anticipated net income/net loss.  See example here.

  1. Supporting financial documentation as needed.

Schools going under a change of ownership are required to submit a copy of the purchase contract.  If not included in the purchase contract, letter will be required regarding the student records, student refunds, ownership of administrative documents and ownership of school curriculum.

6) Quarters Requirement

We suggest that you do not lease a facility until you are close to being licensed. If you do, you will incur rent, but not be able to operate the school until it is licensed. The licensing process takes about eight months.  You do not need to have quarters to file the school application at this time, but if you already have them, then provide the following items.

Please review Policy Guideline 11-0301, Quarters approval and capacities information at www.acces.nysed.gov/bpss/schools/quarters-approval-and-capacities

  1. Quarters Application

A school must have written quarters approval from the Bureau of Proprietary School Supervision prior to offering any instruction.

Quarters application www.acces.nysed.gov/common/acces/files/bpss/appQuarters.pdf  

Quarters instructions www.acces.nysed.gov/common/acces/files/bpss/insquarters.pdf

  1. Floor Plan

Floor plans must be drawn to scale and the scale must be indicated on the drawing. Each room must be assigned a number and the proposed use of the room must be indicated, for example, "classroom," "shop," "computer lab," etc. The floor plans must show: 1. Dimensions of each room or unit of space; 2. Entrances and exits, stairways, corridors, fire escapes, 3. Windows, 4. Student stations, fixed equipment and machines, furniture including student desks and chairs, 5. Utilities - electrical outlets, sinks, etc.

  1. Certificate of Occupancy

A Certificate of Occupancy is issued by local municipalities to verify that local building codes have been met and the building is suitable for occupancy.  It further states the purpose for which the quarters are to be used (i.e., commercial, residential, factory, school, etc.).  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 are approved, a Certificate of Occupancy will be issued listing the school quarters as approved for instructional purposes.  Only that area used for the school needs to be approved for instructional purposes.  Therefore, Certificates of Occupancy for multi-floor buildings often will list only the floor that the school occupies as approved for instructional purposes. This is acceptable.

Individuals residing in NYC can find some Certificate of Occupancy at the NYC Department of Building information search http://a810-bisweb.nyc.gov/bisweb/bispi00.jsp

  1. Department of Health Approval (if applicable)

Schools outside New York City should check with their local Department of Health whether they are required to have an inspection and be prepared to provide a letter of approval with the quarters application.  The premises in which instruction will be offered must be approved for occupancy by the health authority of the municipality in which the school will operate.  The address listed on the approval must be the same address as the one listed on the quarters application.

  1. Fire Inspection

If the school is in New York City, the fire inspection will be requested by the Bureau. The premises in which instruction will be offered must be approved for occupancy by the fire authority of the municipality in which the school will operate.  If the school is or will be located in one of the boroughs of New York City, the Bureau of Proprietary School Supervision will arrange for the fire inspection once the quarters application for Approval, the floor plans, and the Certificate of Occupancy are received.  The address listed on the approval must be the same address as the one listed on the quarters application.  Schools outside New York City must arrange with their local municipality for the inspection and forward the letter of approval with the quarters application.

NOTE: FOR MORE INFORMATION CONTACT US.