Information for Out-of-State Institutions: Permission to Operate


According to Section 224 of State Education Law and Section 3.56 of the Rules of the Board of Regents, an out-of-state/foreign institution seeking to offer one or more programs in part or in whole in New York State must secure prior consent of the Board of Regents ("Permission to Operate"). These proposed full or partial programs are subject to New York State program registration standards according to the proposed scope and duration of operations in New York State.

Permission to Operate...

...allows the institution to establish a physical presence in New York, but it....

  • does not authorize the institution as degree-granting entity in New York
  • does not qualify students for New York State financial aid programs
  • is typically limited in time and scope

Important notes

The first step in applying for permission to operate in New York is to submit a letter of intent. Letters of intent may be submitted only during the following periods:

  • January 1 - February 1
  • July 1 - August 1

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
opprogs@mail.nysed.gov


The first step in seeking Regents permission to operate in New York State is to submit a letter of intent to the Office of Higher Education. Please note that a submitted letter of intent does not guarantee the review of a subsequent application. It is intended to apprise agency staff and the applicant about feasibility, the expectations, and likelihood of compliance with New York’s standards for approval. The letter of intent will be reviewed and evaluated by staff based on the information provided.

Please note that a letter of intent from an out-of-state/foreign institution can only be filed with the Department from January 1 – February 1 and from July 1 - August 1 of any given year.

Letter of Intent Content

(maximum 5 pages--information items with an * may be addressed by reference to pages in the institution or entity’s current catalog)

 

  • Name and address of institution

 

  • Proposed location of the intended offering

 

  • Name, title, and contact information for institutional representative

 

  • Institution’s catalog(s) inclusive of the proposed scope of operation in New York

 

  • *Institution’s statement of mission and educational objectives and summary of history

 

  • Most recent letter(s) of accreditation or renewal of accreditation from USDE-recognized accrediting agencies and/or their non-US counterparts, and a URL to the accreditation standards/criteria of each agency. NOTE: The Department does not entertain proposals from institutions that are not accredited by a USDE-recognized accrediting agency and/or a non-US counterpart.

 

  • The institution’s most recent College Navigator profile from the National Center for Education Statistics (NCES) (http://nces.ed.gov/collegenavigator). If your institution does not provide data to NCES, please contact the Office of College and University Evaluation for guidance.

 

  • Description of proposed activity including: 
    • *educational objectives
    • *career or occupational objectives if pertinent
    • *list of proposed curricula and attendant degrees(s) together with all courses to be offered in proposed term of operation as applicable. Reference the pages in the catalog where each item is described (e.g., curricular design; course descriptions) and annotate these items in the catalog and identify proposed courses to be offered in blended mode or fully online.
    • scope of administrative presence and student services at proposed location, noting any provided only at a distance
    • *list all full-time staff and faculty at proposed location by title, qualifications and responsibilities
    • proposed period of operation, if not permanent or without term
    • estimated enrollment by program area in the fall of the first year of operation

 

  • Description of need for the proposed activity:
    • unique programmatic niche or specialization
    • unique student niche
    • evidence of unmet need (e.g., data from the federal Bureau of Labor Statistics and/or the State Labor Department, and/or survey data collected by your institution) demonstrating an industry or government demand for individuals with the type(s) of skill(s) your proposed offering will provide

 

  • evidence of student demand not met by other institutions or programs in the geographic region of the State, e.g., a waiting list of qualified individual applicants or over-enrollments in existing registered programs

 

  • Please provide assurance that your institution or other entity has the capacity and intent to meet the standards and attendant guidelines (expectations) of New York State on program registration. These are available at: http://www.highered.nysed.gov/

 

  • Plans for a teach-out if permission to operate is not renewed

 

Department Response

The Department will respond to a letter of intent within sixty days of receipt if it is determined that the institution should proceed to the application stage based on a preliminary assessment of the letter of intent. You will be invited to apply and asked to submit a complete application. The application should not be submitted until all information can be supplied. Incomplete applications will not be reviewed.