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

If an out-of-state institution seeks degree-granting authority in New York, it should review instead the information on establishing degree authority.

Important notes:

  • The annual application period for permission to operate is January 1 - February 1. Please note that applications will be accepted only during that period. Applications received at any other time will not be reviewed or retained.

  • 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

To apply for permission to operate in New York State, please review the following documents:

Applications for permission to operate may be returned by email or in paper copy to:

New York State Education Department
Office of College and University Evaluation

Room 969 Education Building Addition
89 Washington Avenue, Albany, NY 12234

The review process for an application for permission to operate will take six months or longer depending on the number of previous pending applications and other Office priorities. You will be notified within 60 days of receipt of the application forms and related documentation of an estimated time schedule for full review of your application.


Complete materials, fully addressing all required information and clearly articulating and demonstrating evidence of unmet need or student demand for the proposed activities, are necessary to efficiently advance the application. Incomplete materials may result in denial of the application. Institutions may not advertise the offering of any courses, prior to official approval by New York’s Board of Regents.