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 proprietary 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 five elements are those minimally required in order for a school to receive its initial license/registration:

1. Curriculum Approval (at least one course or curriculum must be approved by the Bureau prior to the issuance of a license/ registration);

2. 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);

3. Financial/Ownership Documentation (the school must provide acceptable financial records to document that the school will be a viable entity if the license/registration is issued.  Additionally, school ownership documentation must be submitted and approved indicating that the owners of the school are acceptable in accordance with Law and Regulations and that the school is recognized by New York State as having education as the purpose of its operation);

4. Personnel Licenses (at least one director, teacher, and agent must be able to be appropriately licensed in order for the school license/registration to be issued); and

5. Enrollment Agreement/Catalog (the school must have at least one approvable enrollment agreement (student contract) and an approvable catalog in order for the school license/registration to be issued).

The Bureau of Proprietary School Supervision (BPSS) recognizes, in issuing a school registration 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/registration 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/registered 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.