School License Renewal Process

Number: 
24-0902
Date Issued: 
09/16/2002
Updated: 
12/26/2017

Section 5001(4)(c) of the Education Law and Commissioner’s regulation at 8 NYCRR 126.10(b) require that "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 . . ."

In an ongoing effort to assist school owners/directors with the renewal process, the Bureau of Proprietary School Supervision (BPSS) has designed the School renewal application. The forms are available on the "Applications and Instructions" link of the Bureau’s website.

After an Application for Renewal is submitted, Bureau staff will conduct a timely evaluation of the documentation submitted, the personnel and curriculum approvals, and the financial condition of the school. The BPSS Education Team Liaison will also conduct an on-site verification of compliance as part of the overall school license renewal process.

After these reviews are conducted, Bureau staff will communicate in writing any outstanding issues, including any outstanding violations, with the school director or the designated school contact as listed on the school’s online account. All issues, including outstanding violations, must be resolved no later than the expiration date of the school’s current license. Failure to respond by the license’s expiration date may result in denial of the school license renewal.

School License Renewal Overview

The application for a school license renewal can be filed 180 days prior to the expiration date, but should be submitted at least 120 days prior to the expiration date of the current license and must be accompanied by the appropriate fee. The fee is based on the school’s gross tuition income from the school’s financial statement for the previous year.

The renewal process is necessary to verify that the school has been and is operating in compliance with New York State Education Law and the Commissioner’s Regulations. While BPSS will verify compliance, it is the school’s responsibility to satisfy the elements needed for renewal prior to the school license’s expiration. The following links provide information regarding renewal requirements:

Specifically, the Bureau must determine that previously submitted documents are current and approved, as required, for the following six elements to satisfy school license renewal requirements.

  1. Application Process, including Ownership Documentation
  2. Curriculum (LPCS) or Program Applications (ESL)
  3. School Personnel
  4. Administrative Documents and Enrollment Agreements;
  5. Financial Statement and Occupational Educations Data (OEDs); and
  6. School-Based Renewal Inspection, including Verification of Currently Approved Quarters and On-Site Review of School and Student Records.

1. Application Process, including Ownership Documentation

Step 1) Log into My.NY.gov and then go into the BPSS portal
Step 2) Select the school (if applicable)
Step 3) Select in the applications section, “School License Renewal Application”

Applications

Step 4) Review the licenses renewal information page and then click the “School Licensing Renewal Application”
Step 5) Verify school ownership information

  • Review the school ownership information screen and answer whether the information is up to date or needs to be updated.
  • After you select the appropriate answer, click the “next” button.
    • If you marked that the information is up to date and accurate, you will move on to the next step.
    • If you marked that the information needs to be updated, you will be asked to update the information before continuing.

Step 6) Verify school stakeholder information:

  • Please review the stakeholders’ information and again, answer whether the information is up to date or needs to be updated.
  • After you select the appropriate answer, click the “next” button.
    • If you marked that the information is up to date and accurate, you will move on to the next step.
    • If you marked that the information needs to be updated, you will be asked to update the information before continuing.

Step 7) Verify the school contact information, including:

  • School website;
  • Telephone;
  • Fax; and
  • If the school has a mailing address that is different from the school address.

Step 8) Review the Renewal Application fee requirement:

  • If you need to file your financial statement(s), please follow the directions on the screen.
  • If you already filed your financial statement(s), click the next button.

Step 9) Answer the application question and select next after each answer and/or response.

Step 10) Attest to the application, then click the next button.

Step 11) Review the Gross Annual Tuition Income chart and verify that you are paying the correct fee as stated on that page. Information about the required amount of the fee, and a chart, can be found below.

  • If you check off that the fee is correct, you will be asked to make payment.
  • If you check off that the fee is not correct, BPSS will contact you regarding the payment. You should receive a response with 30 days, but for any reason that you do not, please contact BPSS via email at BPSSschoolrenewals@nysed.gov

Calculating the Required School License Renewal Application Fee:

The renewal fee is based on the prior year’s annual gross tuition, as determined by the school’s financial statement. All licensed schools must submit a financial statement covering the school’s prior fiscal year by July 1st each year. Please refer to Education Law Section 5001(4)(a) and the Commissioner's regulations at 8 NYCRR 126.8(b)(3). These will identify the type of financial statement your school is required to submit.

How to Determine the Fee to be Paid?

Annual Gross Tuition

Application Fee

$0 - $199,999

$750

$200,000 - $499,999

$1,500

$500,000 - $999,999

$2,225

$1,000,000 - $4,999,999

$4,500

$5,000,000 - $9,999,999

$9,000

$10,000,000 or above

$18,000

A NON-REFUNDABLE application fee can be paid using non-transferable check, money order, or if the fee is under $5,000, by credit card. The check or money order, for the appropriate fee, must be made payable to “New York State Education Department” and mailed to:

New York State Education Department
Bureau of Fiscal Management
P.O. Box 7346
Albany, NY 12224

The payment coupon, generated from the system, must be included with the check or money order to ensure that the school’s account is properly credited.

2. Curriculum (LPCS) or Program Applications (ESL)

  1. Curriculum (LPCS)
  • Under the inquiry section, select the “View Curriculum Information” Tab.
  • Review the school curriculum on this page and verify that the curriculum listed is being taught and included in the school catalog, which is currently valid.
    • If the curriculum is up-to-date, continue to the next step.
    • If the curriculum is not listed, and needs to be submitted and approved, or if it or requires renewal, please file a renewal or a new curriculum application, as needed.
    • If the curriculum is not expired, but has not yet been put onto the system, upload the approved curriculum.

Curriculum Process and Curriculum Fees:

  1. Submitting a New Curriculum
  2. Submitting a Curriculum Amendment
  3. Submitting a Curriculum Renewal
  4. Uploading a Previously Approved Curriculum into the System

i. Submitting a New Curriculum:

New curriculum applications costs range from $100 to $250. Additional fees may be required for external evaluations. Information can be found in Commissioner's regulation at 8 NYCRR 126.4.

Step 1) Review the information above and obtain any information or documentation required to be submitted with the application.

Step 2) Complete a curriculum application for each course or curriculum. You can find instructions for logging into the BPSS web-system and completing the online application.

Step 3) Upload supporting documentation (accompanying the application), as needed.

Step 4) Attest to and pay the appropriate application fee(s). Curriculum is reviewed only after the application fee has been satisfied, and will be reviewed in that order.

If you pay by credit card, the system should display that the application has been moved to “Ready for Review” status. If you pay by check, please allow 2-3 weeks for processing. You can check the system for the status of the review/approval process of the application.

Explanation of the Curriculum Review Process

The Curriculum Unit has 120 days to review curriculum after the school’s submission. As noted above, this occurs after the fee has been satisfied, at which time the curriculum application is moved to a “Ready for Review” status. You can review and confirm the status of the application by logging into the school account.

Categories of Courses and Curriculum

Choose what curricula the school will be teaching. To assist the applicant, courses/curricula have been separated into four categories:

  • Curriculum that requires another State agency’s approval before submission to BPSS.

For some courses/curricula, you will need to obtain the approval of another office or state agency before submitting to BPSS for approval to offer at your school. Such curriculum includes:

  • Security Guard training – The school must obtain Criminal Justice approval first.  
  • Licensed Practical Nurse (LPN) – The school must obtain NYSED Office of Professions approval first.
  • Realty course – The school must obtain NYS Department of State approval first.
  • Any continue education course (CEU) – The school must obtain the approval of the agency or body accepting the CEU first.

Acceptable documentation of that approval must be submitted to BPSS with a completed BPSS curriculum application for approval.

  • There are courses/curricula that do not need another agency’s approval first, but have specific requirements that must be satisfied to obtain BPSS approval. BPSS, to assist the school, has prepopulated curricula with the minimum requirements. Schools are encouraged to add to the curriculum application any additional hours or training that the school would deem necessary.
  • In addition, many courses/curricula offered by Nationally Recognized Vendors can be submitted for approval. A Nationally Recognized Vendor is defined in Commissioner’s regulations as “… an independent, industry recognized, educational products provider offering curriculum and instructor qualifications to third party educational service providers via the internet and other appropriate media."

In an ongoing effort to assist schools who wish to avail themselves of these processes, BPSS is issuing the following list of the nationally recognized vendors that BPSS currently finds to satisfy the regulatory definition. This list will be periodically updated as more vendors are reviewed and approved. Please note that some of the vendors do not provide for teacher qualifications and, therefore, that portion of the streamlining process does not apply.

Click here for a list of National Recognized Venders listed on Policy Guideline 1-0300

  • All other curricula will need to be developed by the school. BPSS has provided information and resources to assist schools in the development of school specific curricula. It is important to understand that the Curriculum Unit’s function within BPSS is to ensure the overall educational quality of the courses and curricula that are presented to BPSS for approval. It is the school’s responsibility to develop the curricula, if necessary, and to properly submit an acceptable course or curriculum for approval.

Curriculum Resources

TAP curriculum application

Dental Assistant Certificate vs. Certified Dental Assistant

E-Textbooks, data plans, and devices as part of curriculum

Nail Technician Student Protective Equipment

TABE Test as an Approved Ability to Benefit (ATB) Test Disapproved by USDOE

Title IV Eligibility via State Authorization

Training, Tutorials and Technical Assistance

ii. Submitting a Curriculum Amendment:

Updating classroom textbooks does not require an amendment. Please email your change to the curriculum unit. Any significant change in the program outline or number of coursework hours requires a fee and follows the same guidelines as a new curriculum application. If needed, the curriculum unit can advise as to what constitutes a new curriculum application.

iii. Submitting a Curriculum Renewal:

There are no fees for renewals which have no significant changes in either the program outline or the number of hours. Updating textbooks is not considered a significant change.

iv. Uploading a Previously Approved, prior to 2014, Curriculum into the System

Curriculum that was previously approved and is not expired, that is stamped as Approved, must be uploaded into the system.

Step 1) Locate your approved curriculum (with the BPSS Approved stamp.) Scan the entire document (including approval letter and 21a/21b) into one PDF document and save it to your computer. Name the file the title of the curriculum and course ID. For example: COS CU2222.

Approved Curriculum

Step 2) Log into your myny.gov account and access the BPSS system using the School Administrator function.

My NY.gov page for BPSS

Step 3) Click on “Curriculum Applications” and fill out all sections:

Applications

Complete the Information Section with all required data.

Read the Outline Section.

Coursework:

First: Add all courses/units from your approved curriculum using ADD the button. Some curriculum have pre-determined coursework; add any additionally approved courses in this section.

Next: Upload the copy of the approved curriculum from Step 1 as “Course Work Details.”

If your program requires a skills checklist, upload that document as “Course Work Details.”

Never use the Description of “OTHER.”

Last: This message lets you know the upload was successful. When finished, press NEXT

Textbooks: Add your textbooks and instructional aids using the ADD button. When finished, press NEXT

Equipment:  In the section below, write “See uploaded curriculum” and use the ADD button.  When finished, press NEXT

Skill List:  If your program requires a skills checklist, upload that document as “Course Work Details” in the Coursework section. (See instructions above.)  When finished, press NEXT

Disclosure:  If your program is or includes Nurse Aide, upload a Nurse Aide disclosure form under “Coursework Details.”  When finished, press NEXT

Affiliation:  Upload any affiliation agreements approved with your curriculum as “Affiliation Agreement.”  When finished, press NEXT

Signature:  Attest to the information by checking the box next to your name and clicking SUBMIT

There is no fee associated with uploading a previously approved curriculum. When you come to this message, click on the BPSS Home link. Do not click [Next] and make a payment.

Step 4) The last step to this process is to email BPSS@nysed.gov with your school name, curriculum name, and request to waive the fee associated with your application.

B. Program Applications (ESL) schools only*

*“Program Application” is the term used for curriculum for ESL Schools.

This section should contain your school’s Program Application. Please review what is currently uploaded. If your registered Program Applications have already been uploaded, please continue to the next section.

Uploading Previously Registered** Applications

**“Registered” is the term used for ESL Program Applications which have been approved, instead of “Approved”.

Step 1) Under the Inquiry section, select the “View School Information”
Step 2) Then select the “View School Documents” tab
Step 3) Then select the “Administrative” tab from the drop-down options under Category
Step 4) Select “ESL - Program Application” from the drop-down options under, “Description”

Uploading New Program Applications

A Program Application is required to be submitted and registered by BPSS for each program/course to be taught at an ESL school, prior to being offered.

Step 1) Complete the Program Application and review the program application instructions:

Link to ESL Program Application Instructions ,  if needed.

Step 2) Upload the completed document. The PDF file should be uploaded under the school’s administrative documents, “ESL - Program Application.”

Step 3) Send an email to the Curriculum Unit at BPSScurriculum@nysed.gov when the Program Application is ready for review. Please include the name of the school and the title of the Program Application that was uploaded. The Program Application should be the exact name of the course and the number of course hours.

Please note: Program Application approval alone does not authorize a school to offer the program. The school also must have a corresponding and approved enrollment agreement associated with the approved program application. The enrollment agreement must meet the stated criteria and should be uploaded under Administrative documents tab, select: “Program Application - ESL.” The school’s field associate should be notified when the enrollment agreement has been uploaded. Please include the name of the school and the title of the enrollment agreement. The enrollment agreement must match the Program Application, specifically the name of the program and the number of course hours.

3. School Personnel

All school personnel licenses that are currently valid, including directors, teachers, and agents (which must have been approved by BPSS) need to be updated, as needed, and verified on the web-based system. While the school must have a minimum of one approved director, teacher, and agent, it is also required to have all directors’, agents’, and teachers’ approved by BPSS.

Step 1) Under the inquiry section, select the “View School Information”

Step 2)  Then select the “Employees” tab

  • Directors

Ensure that all school directors are on the system and hold a valid permit or full license as a director.

  • Agents

Ensure that all agents are on the system and hold a valid agent’s certificate.

  • Teachers

A.  ESL School Teachers
B.  LPCS Teachers

  1. ESL School Teachers (for ESL schools only): Ensure that the ESL school teacher’s registration form has been uploaded. You can check this by following these steps:
  • Under the inquiry section, select the “View School Information”
  • In the drop-down selections under, “Category,” select the “Administrative” tab
  • This section should include your school’s teacher registry application. Please review either by sorting or scrolling through the page.
  • If your approved Teacher registry applications are already all uploaded, then you have satisfied this requirement. Otherwise, please upload the approved documents as required and select “ESL Teacher Application” under the drop-down items noted in “Description.”
  1. LPCS Teachers: Ensure that all teachers are on the system and currently hold a valid teacher certificate in the area specific to the curriculum that they are teaching.
  • For an applicant to file a teacher application, he or she will need to set up their own My.NY.gov account.
  • In addition, all applicants applying to be an agent or a director, or both, must have an employee verification code to file an application for these positions. The main school contact - in the system - must create a code to give to anyone seeking to file an application. This authority to create a code is part of the administrative rights that the main school contact will receive after the initial school application is processed (when the school first becomes licensed).

For instructions on generating an employee verification code, to fulfill the process described above, please follow these steps:

  • Login to the system
  • Select the school administrator role
  • Click on the “Help” button
  • Select from the dropdown “Generating Employee Verification Code” and download the instructions

Please note that being a director at a LPCS does not automatically qualify one to be an agent or a teacher at the school. There are separate requirements to be met for each of these positions.

For more information, please review the Personnel Application Instructions.

4. Administrative Documents and Enrollment Agreements

Approval is required for the for all administrative documents, including catalogs and enrollment agreements, prior to their use by the school. A notation in the system will indicate that the document has been “Verified,”. This constitutes approval.

Please review the documents that have been uploaded to the system to confirm that the school is using the most recent and currently approved version. If the school had its documents approved prior to the use of the web-based system, please upload the most recent approved version that has the “Approved” stamp on it. Notify your field associate of any documents that require approval.

It is important to remember that the “Curriculum” tab is to be used exclusively for LPCS Curricula, and that enrollment agreements for LPCSs are similarly uploaded under the Curriculum tab.

5. Financial Statement and Occupational Educations Data (OEDs)

The financial requirements, for a school license renewal, has four parts:

  1. Financial reporting
  • The correct financial statement - audited or reviewed (depending on the requirements) - must have been submitted to BPSS for the school’s most recent fiscal year, and approved by the internal BPSS auditor, for a school to be eligible for renewal.
  1. Regular Tuition Assessment and Additional (commonly referred to as “Special”) Assessment
  • Under the payments section, select “Pay for School Assessment”
  • Select the Overview tab and check to ensure that the school is up to date with its payments. If it is not, please pay any outstanding amount that is due. All assessment payments must be up-to-date, or a school will not be eligible to have its school license renewed.
  1. Outstanding fines and penalties (if applicable)
  • Any disciplinary action taken against a school by the BPSS Investigations and Audit Unit (IAU) must be resolved, including any fines paid, or a school will not be eligible to have its school license renewed.
  1. Renewal fee must be paid.

Occupational Education Data Survey: Licensed Private Career Schools Only (ESL schools do not submit OEDS)

A school’s Occupational Education Data Survey (OEDS) forms must have been submitted for the most recent OEDS program year (July 1 - June 30). OEDS are due by April 15th of the calendar year following the most recent program year.

Instructions for completing this requirement can be found here.

6. School-Based Renewal Inspection, including Verification of Currently Approved Quarters and On-Site Review of School and Student Records.

Education Law Section 5002(2)c provides that “The department shall conduct an inspection of each school at least once every licensure period. All schools shall provide upon request of the department, all records necessary to review compliance with the provisions of this article.”

Renewal inspections will be scheduled in advance. However, the regulations permit unscheduled inspections at the discretion of BPSS.

After the renewal application is filed and the fee paid, arrangements for a site inspection will be made by the school’s Field Associate. Renewal visits will be scheduled, and schools will be provided, in advance, a list of activities that must be completed in support of the renewal application. This will include, but is not limited to, student and personnel file reviews, inspection of facilities, interviews with students and staff, observation of classes in session, and examination of a school’s promotional materials and websites. Programs that have an internship as part of the required curricula will be subject to an additional inspection of affiliated sites.

7. Finalization of the Renewal Process

After all reviews are completed, BPSS will determine whether the school has met the requirements for renewal of its license. Schools may fall into three categories:

  1. The School meets all requirements and is eligible for renewal for the full four-year period; or
  2. The School has significant and serious violations of the Education Law, Commissioner’s regulations, or other applicable statutes and regulations and will not be renewed; or
  3. The School has minor or less serious violations of the Education Law and/or Commissioner’s regulations and (a) accepts a BPSS monitored Corrective Action Plan (CAP) to address those violations, and (b) agrees to be renewed for a two (2) year period under an Agreed Settlement outlining the violations, actions required to be taken, which may require the payment of a civil penalty, a monitoring period, and a waiver of hearing during the monitoring period. Under this mechanism, the school accepts responsibility for the violations and assents to the necessary corrective action.

As contained in Policy Guideline 33-0217, 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, the party may appeal this adverse determination to the Director of BPSS.

If the appeal is not submitted within 30 calendar days of the determination sought to be appealed, the appeal will be summarily denied as untimely. The school must follow the procedures explained in the guideline.

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