Appealing Adverse Determinations

Number: 
33-0217
Date Issued: 
02/27/2017

BPSS has the authority under Education Law § 5001 – § 5010, and 8 NYCRR §126.1 – § 126.17 of the Commissioner’s regulations, to grant or deny various forms of permission to private career schools and English as a Second Language (ESL) schools, and the personnel thereof, under its jurisdiction, including directors, agents, and teachers, as well as to grant or deny permission to use various school-related records, including enrollment agreements, catalogs, attendance registers, and other similar documents, or to conduct certain instructional activities by approving or denying the use of curriculum that is proposed to be taught by a private career school. BPSS may also grant or deny other permission to the same parties in other circumstances too numerous to be enumerated here.

For example, the most basic form of permission that BPSS has the authority to grant or deny to a private career school is a school license under Education Law § 5001, after application for such a license has been made. Other types of permission that BPSS has the authority to grant or deny include allowing (or not) a school to use certain curriculum, to use certain proposed quarters (the school’s physical plant), to use certain administrative forms in its day-to-day operations, and the like. Another type of permission that BPSS may grant or deny is a renewed school license when application for such a license has been made, regardless of whether an inspection was completed by the school’s field associate.

When any party which has sought the approval of the Bureau of Proprietary School Supervision (BPSS) for any form of permission which BPSS has the authority to grant or deny, and BPSS has denied that permission, e.g., by disapproving the record or activity or document, etc., which that party had sought to have approved, the party may appeal this adverse determination to the Director of BPSS by (1) writing an email to bpss@nysed.gov, which provides any and all supporting documentation that the party believes is relevant to determining the appeal, or by mailing the same materials by first-class, U.S. postal mail or private courier service, to  the following address within 30 calendar days of receipt of the determination that is sought to be appealed, to the attention of the Director of BPSS:

New York State Education Department

Bureau of Proprietary School Supervision

89 Washington Avenue, EBA room 560

Albany, NY 12234

ATTN: Bureau Director

 

If the appeal is not submitted within 30 calendar days of receipt of the determination sought to be appealed, the appeal will be summarily denied as untimely.

The determination by BPSS of the matter sought to be appealed will be issued in written form.

Appeals must specify the factual determinations to which the appealing party objects, which underlie the larger determination being appealed, and must explain why those factual determinations should be modified or reversed, in whole or in part. A general statement of the appealing party expressing dissatisfaction with the determination being appealed, regardless of whether it is accompanied by a request to reverse that determination, will also be summarily denied.

Upon receipt of the materials submitted, BPSS will review them and issue a written determination addressed to the party that submitted the appeal, in the same form in which the appeal was originally submitted, e.g., by email or U.S. first-class postal mail, and this writing will constitute the final decision of the State Education Department (SED) of the matter appealed.

Determinations that may be appealed do not include any matter subject to disciplinary action under Education Law § 5003.

The following is a list of adverse determinations of BPSS that may be appealed:

  1. denials of a school license application, whether initial or renewal
  2. denials of a school’s curriculum application, whether for approval or reapproval
  3. denials of a school’s quarters application
  4. denials of a private school agent’s certificate
  5. denials of a school director’s permit or license
  6. denials of a teacher’s permit or license
  7. denials of a school’s catalog
  8. denials of a school’s enrollment agreement
  9. determinations that an exemption under Education Law § 5001(2), or another exclusion from the licensure requirement, does not apply
  10. denials of transfers of school licenses under Education Law § 5001(7) (See here for further information).
  11. the placement of a school on probation under Education Law § 5001(6)

Others matters of equal magnitude, which are not identified in this Policy Guideline, may also be appealed subject to the discretion of the Director of BPSS.