Section 126.10(b) of the Commissioner's Regulations states in part "an application for renewal of any license or registration shall be submitted at least 120 days prior to the expiration date of the current authorization, on a form prescribed by the commissioner and accompanied by the statutory fee; annual financial reports on forms prescribed by the commissioner; and such other information as the commissioner may require."
This Policy Guideline is to clarify the additional information which the commissioner requires as it pertains to schools that have been issued an initial two year license, have subsequently applied for a renewal of this license, and have been found to have not been engaged in teaching or instruction prior to the renewal license being issued. Since Education Law distinguishes between an initial license period (two years) and a renewal license period (four years), the legislative intent has been established to provide a sufficient period of time for a new school to establish that it can comply with Education Law and Commissioner's Regulations and operate as a financially viable school.
The Bureau is concerned that an inactive school will have insufficient evidence that the standards under Article 101 of the Education Law and Part 126 of the Commissioner's Regulations (for the Bureau) have been met. There may, therefore, be insufficient information available upon which to assess a request for license renewal and the four year renewed license period which would result from the approval of such an assessment.
In accordance with this concern, schools must show satisfactory operation as a non-degree granting proprietary school for at least twelve (12) months during the two year initial licensure period. Satisfactory operation shall mean actual teaching or instruction of enrolled students (taking place for the minimum one year time period) in compliance with Article 101 of the Education Law and Part 126 of the Commissioner’s Regulations. Schools that do not meet this threshold of operation during the initial licensure period may have their renewal application denied based upon this requirement. Any school, whose renewal application has been denied in accordance with this policy, has the option to file a new school application and be evaluated through that process.