Information for Out-of-State Institutions

Out-of-state-institutions that wish to operate in New York State with a physical presence   have two options. The first is to seek to offer courses on a temporary basis ("Permission to Operate") pursuant to Section 3.56 of the Rules of the Board of Regents.  The second is to become authorized as a degree-granting entity in New York State.

Permission to Operate

Degree Authorization

Does not authorize the institution as a degree-granting entity in New York; any award would be made by the institution's out-of-state campus.
Institution has degree-granting authority in New York (consistent with the terms of its authorization).
Students who take courses in New York offered by the out-of-state institution are not eligible for New York State financial aid programs.
Students at the New York campus are eligible for New York State financial aid programs, if State eligibility criteria are met.
Typically granted for a limited operation and/or limited time period.
Institution has the ability to earn permanent authorization as a degree-granting entity in New York, assuming continuing compliance with State standards.


The following items address common scenarios and questions posed by out-of-state institutions. Please select the links to learn more:

  1. Regents temporary permission to operate in New York State

  2. Degree authorization in New York State

  3. Enrollments of New York State students in distance education programs offered by out-of-state institutions

  4. Physical Presence: What Constitutes "Physical Presence" in New York State?


If the proposed action involves one of the licensed professions, please contact the Office of the Professions to determine the appropriate procedure:

New York State Education Department
Office of the Professions
Professional Education Program Review
89 Washington Avenue
Albany, NY 12234
(518) 474-3817, extension 360
Fax: (518) 473-0114