The Licensing Process
Before any prospective school owner decides to pursue school licensure, consideration should be made to be certain that the owner and the institution are in a position to be able to operate in compliance with all of the requirements set forth in Education Law and Commissioner's Regulations. The New York office of the United States Small Business Administration has valuable information available to help assist people in starting small businesses. This information is available on their website at www.sba.gov/ny/ny .
The licensing process for private career schools is set forth under Article 101 of the Education Law and Part 126 of the Regulations of the Commissioner and Policy Guideline 3-0800. The Bureau of Proprietary School Supervision (BPSS), within the Office of Adult Career and Continuing Education Services of the New York State Education Department, has simplified the licensing process so that all institutions that can satisfy the required standards can achieve licensure.
If you are newly licensed as a private career school, you must successfully complete your first renewal, after two years, before you can file applications for additional schools.
If your institution is seeking licensure, you must read the applicable laws and regulations and policy guidelines contained on this web site and follow the steps below in working with BPSS to secure the appropriate licenses:
Submit the following applications and forms for evaluation:
- A. Application for School License (BPSS-1) (141KB) and $5,000.00 for initial school license or $2,500.00 for additional school location application fee
- B. Supporting Documents for Type of Ownership
- a. Sole Proprietorship –
- consent to do business from county clerk
- b. Partnership –
- consent to do business from county clerk
- copy of partnership agreement
- c. Corporation –
- certificate of incorporation
- filing receipt
- Secretary's Certificate
- certificate of assumed name (if applicable)
- a photocopy of either the stock ledger or each stock certificate that has been issued up to and including the next blank to be issued. Note – a not-for-profit corporation submits all of the above except, since separate ownership of a not for profit does not exist, no stock certificates or ledgers are required.
- d. Limited Liability Corporation (LLC) or Limited Liability Partnership (LLP)
- Articles of Organization
- Partnership Agreement
- Filing Receipt from NYS Department of State
- Certificate of Assumed Name and Filing Receipt (if applicable)
- Photocopy of membership certificates, if issued
- C. Commissioner's Consent - The document that verifies that a school has received approval from NYSED's Office of Counsel to file its corporation papers as an educational institution.
- D. Financial Documents (see Section 126.8 of the Commissioner's Regulations)
- a. the owner's balance sheet
- b. statement of the type and location of all bank accounts held by owner
- c. school's 12-month projection of operating expenses including profits and losses
- E. Personnel Applications (see Section 126.6 of the Commissioner's Regulations)
- a. Director application (BPSS-15 111KB) including $100 application fee and supporting documentation
- b. Teacher applications (BPSS-16) including $100 application fee for each. If a potential teacher of the school already holds a valid license, a copy of that license must be furnished
- c. Agent application (BPSS-18 44KB ) (see Section 126.12 of the Commissioner's Regulations) including $200 fee and (2) one inch by one inch size photos for each. An application must be submitted for any individual who procures, solicits, or enrolls students. All agents must be salaried school staff members.
- F. Curriculum Applications (BPSS-30 72KB ) including the $250 application fee for each curriulum (programs 100 clock hours or more) and/or the $100 application fee for each course (programs less than 100 clock hours) - see Section 126.4 of the Commissioner's Regulations. This application must specifically describe the course of instruction including components such as: duration of the program, performance objectives, occupational objective(s), means and methods of instruction, etc.
- G. Quarters Application (BPSS-6 44KB ) - see Section 126.5 of the Commissioner's Regulations.
This is necessary to provide assurance that the facilities are satisfactory for the proper conduct of the school. The facilities must be properly equipped and meet local fire, health and building standards. Approval by the Education Department is contingent upon receipt of the following documents:
- a. Certificate of Occupancy - issued by local municipalities to verify that the premises is approved for use as a school
- b. Local Department of Health approval or letter from the local Department of Health stating approval not required
- c. Fire Department approval
The quarters/ facilities application is the one component that is not required with the initial submission of a license application package. However, a school license cannot be released until a quarters approval has been secured. The prospective owner will be notified by Education Unit Staff when evaluation is nearing completion and that the quarters should be submitted. Additionally, otherwise approvable forms may need to be resubmitted with the correct school address once a site is chosen.
- H. School Prepared Forms - the school will be required to develop a wide variety of forms that are instrumental in providing administrative, information and instructional services to the students. Please refer to Part 126.7 and 126.9 of the Commissioner's Regulations for enrollment agreement and catalog information.
Examples of these forms
NOTE: FOR MORE INFORMATION CONTACT THE BUREAU AT (518) 474-3969.