Section 5001(4)(c) of the Education Law and Section 126.10(b) of the Commissioner’s Regulations state "An application for renewal of any license or registration shall be submitted at least one hundred twenty days prior to the expiration date of the current authorization to operate . . .". Section 126.10(j)(2)(ii)(a) states that nonpublicly funded ESL schools shall apply for renewal of certification at least 120 days prior to the expiration of the current certificate.
This Policy Guideline addresses when a renewal application will be reviewed when it is not submitted within the required 120-day period.
In certain circumstances, operating schools file their renewal license applications before the date on which their school licenses or certificates expire but not necessarily 120 days before that date. The Bureau of Proprietary School Supervision (BPSS), however, may accept a renewal application if it is not submitted within this required submission period.
Understanding that the closing of a school may unnecessarily disrupt the education of currently enrolled students, and that this can lead to unnecessary burdens, such as students being taught out at other schools or filing complaints for refunds from the Tuition Reimbursement Account, BPSS will accept a school’s filing of its renewal application before the license or certificate expires if the school demonstrates, at the time of its filing, that the school has students and is currently operating, all of its staff are currently licensed or certified, its Occupational Educational Data Survey (OEDS) for the prior year has been timely and completely submitted, its annual financial statement for the prior fiscal year was received and deemed acceptable, and all tuition assessment payments are current.
If, however, a school files a renewal application after the date that its license or certificate has expired, then BPSS will not review this application unless the school executes a Letter Agreement and pays a civil penalty in accordance with Section 5003(6)(a) of the Education Law. If the school fails to sign the Letter Agreement and pay a civil penalty, its application for a renewal license or certificate will be denied. If, after such a denial, the school still wishes to operate again, it will be required to file a new school application.