§5002(1)b. For every such school, the commissioner shall set forth in regulation standards governing all of the following:
§5002(1)(b)(1) criteria for admission;
§5002(1)(b)(2) the standards and the methods of instruction;
§5002(1)(b)(3) the equipment available for instruction with the maximum enrollment that such equipment and physical plant will accommodate;
§5002(1)(b)(4) the qualifications and experience of teaching and management personnel;
§5002(1)(b)(5) the form and content of the student enrollment agreement or contract;
§5002(1)(b)(6) the methods of collecting tuition;
§5002(1)(b)(7) eligibility criteria for programs that will require licensure;
§5002(1)(b)(8) the sufficiency and suitability of the resources available for the support of such school;
§5002(1)(b)(9) counseling provided to students.
Due to the extensive financial and operational demands of programs with a duration exceeding 1,000 clock hours, the Bureau of Proprietary School Supervision (BPSS) has established additional application criteria for schools seeking approval of these programs. The satisfaction of these criteria is required at initial application and every renewal thereafter.
Operational Compliance
Schools seeking programs that exceed 1,000 hours must demonstrate satisfactory operation of the school’s current programs. BPSS will review the compliance history of the school for the current and previous licensure period, including but not limited to student complaints, enrollment holds, and corrective action plans. Schools that are on an adverse status with their accreditor will not be considered for approval.
Any inspection of the school, whether announced or unannounced, will require the licensed director to be present and produce any records as requested. Schools that fail to demonstrate that the licensed director is adequately supervising the school will not be considered for approval.
Schools that are deemed not operationally compliant will have their applications denied, without refund, until such time as the BPSS determines all issues have been rectified and the license is in good standing. The timeframe for such assurances is typically during the school’s next renewal review.
Financial Viability
Schools seeking programs that exceed 1,000 hours must demonstrate financial viability and adequate resources for the operation of the program. Schools seeking to offer programs over 1,000 hours must have a composite score of 1.5 or greater on the most recently accepted financial statement. Schools in the zone alternative, heightened monitoring, or probation status will not be considered for approval of new programs and such status may jeopardize non-renewal of previously approved programs.
Schools that have a composite score of 1.5 or greater, or schools with established programs seeking renewal of a curriculum over 1,000 hours, will be required to submit the following additional documentation to accompany the application:
- 24-month projected operating budget
- Valid lease for approved quarters
- Bank statement showing balances for the most recent closing month
- Balance sheet for most recent closing month
- Lease agreement for rented equipment (if applicable)
Schools that do not have adequate resources to support the operation, or continued operation of the program will not be considered for approval.
Quarters
Schools seeking programs that exceed 1,000 hours must demonstrate adequate facilities and equipment for operation of the program, and any existing programs the school is planning to run concurrently with the 1,000-hour program the school is seeking approval for.
Facilities
Schools must demonstrate the proposed program will not displace or overcrowd classrooms already in use by the school’s existing programs. A revised Master Schedule will be required to document the use of classrooms during the school’s hours of operation. The master schedule will also inform approval of the schedule on the enrollment agreement.
If any new classrooms will be constructed to accommodate the proposed program, all quarters documentation must be submitted, and the required fire inspection must take place, before BPSS will consider approval of the curriculum. Capacity will be assigned based on the most conservative method of approval.
Equipment
In most cases, schools must ensure a dedicated classroom is approved for programs over 1,000 hours that use a skills lab or other clinical area. Schools are not permitted to reorganize equipment and desks to accommodate different programs in the same classroom, or transport equipment between classrooms.
Schools are reminded of regulation 8 NYCRR §126.5(b), which requires a student-to-machine ratio of one-to-one unless otherwise approved. Any machine or device used in the delivery of a program must also have the appropriate ancillary equipment that would be required to practice use of the machine or device. For instance, schools must have one sonography table for every ultrasound machine in a sonography skills lab.
A handwashing sink with permanent, fixed plumbing is required in all allied health and appearance enhancement skills labs and clinics.
Schools that do not have adequate facilities and equipment to support the operation, or continued operation of a program over 1,000 hours in duration, will not be considered for approval.
Internships
Schools seeking programs that exceed 1,000 hours, and that have an internship component, must demonstrate successful operation of an existing program that is approved with an internship or externship (see PG 39-091). The existing program must be in a similar job field to the proposed program.
The existing program’s internship must be in adequate length and duration for BPSS to evaluate the school’s capacity to maintain compliance with instructor requirements, records requirements, and satisfaction of skills checklists. The most common curricula that include internships are programs in Business and Entrepreneurship, Medical Assisting, and Pharmacy Technician.
Allied health schools are not permitted to use Home Health Aide or Nurse Aide/Assistant internships to satisfy this requirement, due to the minimal required hours of internship.
Schools that do not adequately administer internships of existing programs will not be considered for approval or reapproval of programs over 1,000 hours in duration.
Special Requirements for Allied Health Programs
Registration with Office of Professions
Certain programs require registration by NYSED’s Office of Professions prior to BPSS considering a program for approval. Presumed registration by the Office of Professions does not supersede the standard requirements for all BPSS curriculum applications, including the provisions within this policy guideline.
Schools seeking the following programs must first apply through Office of Professions, prior to seeking BPSS curriculum approval, by contacting OPPROGS@nysed.gov
- Practical Nursing
- Radiography or Radiologic Technology
If Office of Professions completes a review in favor of registering the program, BPSS will be contacted to begin the curriculum approval review. Schools WILL NOT be able to begin enrolling students in the program until ALL BPSS requirements are satisfied and approvals are received.
Accreditation
Certain programs require programmatic accreditation as a condition of employment in the field of study or to permit graduated students to sit for competency examinations. Although initial curriculum approval may be issued, BPSS will not permit enrollments in any program requiring programmatic accreditation and/or vendor approval for a competency examination, until such time as the school provides BPSS with said approvals. The enrollment agreement must clearly state the pathways for credentialing the school has authorization to use.
Entrance Requirements
Certain programs require criteria for admission beyond a high school diploma. A higher level of entrance requirement aims to ensure the student is prepared for the rigor of the curriculum requirements. For some programs, a college degree is required by program completion, to register for credentialing examinations.
BPSS aims to approve entrance requirements that create the most direct pathway to employment for students. Although other pathways may exist, that include work or studies after the BPSS program, these additional requirements are not supervised by BPSS and leave the student’s financial and educational interests unprotected.
Therefore, the following entrance requirements are in effect upon curriculum approval and/or reapproval as listed below:
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Program Name |
Minimum Entrance Requirements |
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High School Diploma OR High School Equivalency (GED/TASC/NEDP) |
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Associate’s degree in health sciences* OR Associate’s degree in non-Health Sciences with 30 credits in Health Sciences coursework* OR Bachelor's degree with 30 credits in Health Sciences coursework *Can be taken concurrently with BPSS approved program, provided a formal articulation agreement is in place. |
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Associate’s degree
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