Appealing Adverse Determinations

Number: 
33-0217
Date Issued: 
02/27/2017
Updated: 
05/24/2018

The New York State Education Department’s (NYSED) Bureau of Proprietary School Supervision (BPSS) has the authority under Education Law § 5001 – § 5010, and 8 NYCRR §126.1 – § 126.18 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 to the personnel thereof, 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 proposed curriculum.

For example, the most basic form of permission that BPSS has the authority to grant or deny is a school license under Education Law § 5001, or an ESL school certification under 8 NYCRR § 126.10(j) of the Commissioner’s regulations, when application for such a license or certification has been made. Other types of permission that BPSS has the authority to grant or deny include allowing (or not) a school to operate in certain quarters (the school’s proposed physical location, classroom space, etc.), 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. BPSS may also grant or deny other permission to private career and ESL schools in other circumstances which are too numerous to be enumerated here.

When any party which has sought the approval of 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 (link sends email), which provides any and all supporting documentation that the party believes is relevant to determining the appeal, or (2) 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:

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, then the appeal will be summarily denied as untimely. If the determination is delivered by email, then the date of its receipt will be the same as the date that the determination is sent.

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 by 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. Appealing parties must, in other words, explain why the determination being appealed should be changed, and not simply claim that it should be changed.

Upon receipt of the materials submitted, BPSS will review them and issue a written determination addressed to the party that submitted the appeal. This writing shall constitute NYSED’s final decision of the matter appealed.

The following is a comprehensive, although not definitive, list of adverse determinations of BPSS that may be appealed:

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

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