Initial Licensure Process

Number: 
3-0800
Date Issued: 
08/23/2000

Initial Licensure Process (prior to November 1, 2016)

Education Law Sections 5001(1) and 5001(4) and Section 126.10(a) 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.

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:

  • Ownership documentation (the school must provide acceptable that the school is recognized by New York State as having education as the purpose of its operation);
  • Financial documentation (the school must provide acceptable financial records to document that the school will be a viable entity if the license is issued);
  • Curriculum Approval (at least one course or curriculum must be approved by the Bureau prior to the issuance of a license);
  • Administrative documents and enrollment agreements (the school must have at least one approvable enrollment agreement (student contract) and approvable administrative documents in order for the school license to be issued).
  • Personnel Licenses (at least one director, teacher, and agent must be able to be appropriately licensed in order for the school license to be issued); and
  • Quarters Approval (the facilities where the school will be operated must have a certificate of occupancy, fire inspection, and health inspection, appropriate for school operation, as is required by the local municipality where the school is located);

The Bureau of Proprietary School Supervision (BPSS) recognizes, in issuing a school license based upon the above critical elements, that full compliance and the raising of standards is an ongoing process that schools must constantly strive for and incorporate into their daily operations.  Section 5001(4)(b) of the Education Law provides that the initial school license be valid for a period of two years rather than the four year validity of a renewed license.  Therefore, during the initial two year period, the newly licensed school is expected to bring any non-compliance issues into compliance before the initial license will be renewed.  All schools are assigned an Education Team staff liaison from the Bureau to assist with educational and licensure issues as well as to perform on-site field visits, both announced and unannounced.  Schools with two-year initial licenses will develop working relationships with their BPSS liaison as they strive for full compliance and higher standards.

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 (8) months to complete the critical six elements towards their school license.   Once BPSS sends its 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. 

Further information regarding the process can be found here>>

 

Initial Licensure Process (as of November 1, 2016)

Number: 3-0800

Date Issued: 08/23/2000

Date revised: 10/03/16

The following revision in Policy Guideline 3-0800 will go into effect for all new school application filed after November 1, 2016, at 12:01 a.m.

Education Law Sections 5001 and Section 126 of the Commissioner's Regulations provide the State Education Department with the authority to certify English as a second language schools and license/register non-degree private career schools in New York State and to determine the forms necessary to issue those certifications or licenses.

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

  1. Ownership documentation (the school must provide acceptable ownership documentation that the school is recognized by New York State as having education as the purpose of its operation);
  2. Curriculum or program application approval (at least one course, curriculum, or program application must be approved by the Bureau prior to the issuance of a certification or license);
  3. Personnel Licenses (at least one director, teacher, and agent must be able to be appropriately licensed in order for the school certification or license to be issued);
  4. Administrative documents and enrollment agreements (the school must have at least one approvable enrollment agreement (student contract) and approvable administrative documents in order for the school certification or license to be issued);
  5. Financial documentation (the school must provide acceptable financial records to document that the school will be a viable entity if the certification or license is issued); and
  6. Quarters approval (the facilities where the school will be operating must have a certificate of occupancy, fire inspection, and health inspection, appropriate for school operation, as is required by the local municipality where the school is located).

The Bureau of Proprietary School Supervision (BPSS) recognizes, in certifying English as a second language school or issuing of a licensed private career school license is based upon the above critical elements, that full compliance and the raising of standards is an ongoing process that schools must constantly strive for and incorporate into their daily operations.  Section 5001(4)(b) of the Education Law provides that the initial school license be valid for a period of two years rather than the four year validity of a renewed license.  Therefore, during the initial two year period, the newly registered or licensed school is expected to bring any non-compliance issues into compliance before the initial certification or license will be renewed.  All schools are assigned an Education Team staff liaison from the Bureau to assist with educational, certification, or licensure issues, as well as, to perform on-site field visits, both announced and unannounced.  Schools with two-year initial certification or licensure will develop working relationships with their BPSS liaison as they strive for full compliance and higher standards.

In order to ensure that this initial certification or licensure process is timely and effective, all applicants not approved as a licensed private career candidate school, will be given (8) eight months to complete the first five elements towards their school license. Once BPSS sends its letter acknowledging receipt of the school certification or licensure application and fee, the (8) eight month time period will begin.  If the first five critical elements have not been completed to the satisfaction of BPSS within that (8) eight month timeframe, the school's license application shall be denied, and the applicant will be provided with a written denial, unless a time limited variance is granted by the Deputy Commissioner of Adult Career & Continuing Education Services (ACCES).

If the first five critical elements have been completed to the satisfaction of BPSS within that (8) eight month timeframe, the applicant will have (90) ninety days to complete the 6th element, quarters.  If the sixth critical element has not been completed to the satisfaction of BPSS within that (90) ninety day timeframe, the school's certification or licensure application shall be denied, and the applicant will be provided with a written 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 (6) six critical elements and meet the requirements of the Education Law and Commissioner's Regulations.

Further information regarding the process can be found here>>