NEW YORK: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

New York State Education Department (NYSED) – Office of College and University Evaluation (for degree-granting institutions) and Bureau of Proprietary School Supervision (for non-degree career schools). These offices, under the NYSED and Board of Regents, are responsible for authorizing and regulating private postsecondary institutions in New York, including colleges/universities that confer degrees and proprietary (vocational) schools that offer career training programs.

Agency Contact - Degree Granting Institutions

New York State Education Department – Office of College and University Evaluation
Supervisor of Higher Education Programs: Andrea Richards – Phone: (518) 474-1551
Mailing Address: 89 Washington Avenue, Room 960 EBA, Albany, NY 12234

(For technical questions about the degree authorization process, you may also email IHEauthorize@nysed.gov. General inquiries can be sent to ocueinfo@nysed.gov.)

Agency Contact - Non Degree Granting Institutions

New York State Education Department – Bureau of Proprietary School Supervision (BPSS)
Director: Marisa Boomhower – Phone: (518) 474-3969
Albany Office Address: 89 Washington Avenue, Room 560 EBA, Albany, NY 12234

(BPSS also maintains an office in New York City at 116 W. 32nd Street, 5th Fl, New York, NY 10001, Phone: (212) 643-4760. General inquiries can be sent to BPSS@nysed.gov. The BPSS team can direct you to the appropriate licensing staff member for questions about your application.)

Degree-Granting Institutions

Process

Determine Authorization Needed – Any institution wishing to offer degree programs (associate, bachelor’s, master’s, etc.) in New York must obtain degree-conferring authority from the Board of Regents. There is no general exemption from this requirement – unless your institution already holds a charter or legislative authorization to confer degrees, you must seek a new authorization. (If you only plan to offer non-degree diplomas/certificates, see the Vocational Schools section instead.) Start by confirming that your venture indeed falls under degree-granting postsecondary education and not an exempted category.

Notification of Intent – Initiate the process by submitting a Notification of Intent to NYSED’s Office of College and University Evaluation (OCUE). Using the form provided by NYSED, you will briefly describe the proposed institution and the degrees to be offered. This notice to apply is required before you can file a full application. NYSED will acknowledge your intent and provide access to a secure online folder for your application materials. (Note: The intent notification does not guarantee approval or a particular review order, but it places your application in the queue.)

Prepare the Application – Download and complete the official New College Application, along with the accompanying workbook and budget template. Developing this application is a comprehensive task: you must articulate your institution’s mission, governance structure, academic programs, faculty qualifications, facilities plan, financial projections, and demonstrate how you will meet New York’s standards for higher education. Gather all required supporting documents (see Checklist below) such as curriculum outlines for each degree program, corporate organization papers, business plans, and policy manuals. Ensure every section of the application is filled out and every required attachment is ready – an incomplete application will delay review.

Submit Application – Once your materials are prepared, submit the application electronically to NYSED. There is no paper submission; instead, you will upload all files to the secure online submission folder provided by OCUE. After uploading, send a formal notice (via email, as instructed by NYSED) that your application is complete and ready for review. Be sure to meet any announced filing deadlines or timing guidelines. At the time of submission, you will also need to pay the required fees (see “Fees Payment” below). Until the fee is received, your application is not considered filed.

Initial Staff Review – OCUE staff will conduct a preliminary review of your application to ensure it is complete and that there is sufficient initial evidence that your proposed college meets the baseline requirements (e.g. appropriate purpose, qualified leadership, academic standards, financial capacity). If the application is grossly deficient or fails to show you meet the basic criteria, the Department may close the application at this stage. You would be notified in writing of the decision and the reasons (common issues might be missing critical documents or an untenable financial plan). You would then have the option to address the issues and reapply after a waiting period (typically at least one year) or appeal the closure through the Department’s appeal process. For applications that pass the initial screen, NYSED will move the submission into the next phase of evaluation.

Comprehensive Evaluation – In the secondary review phase, NYSED engages in an in-depth evaluation of your proposal. This includes examining financial resources (to ensure the school can operate sustainably), academic quality (faculty credentials, curriculum rigor, student services), administrative capacity, and consumer protections (policies on refunds, advertising, etc.). Part of this process usually involves an in-person capacity interview with the institution’s organizers/key personnel. You and your leadership team may be asked to meet with NYSED officials to answer questions about the application and demonstrate your capability to establish a quality institution. NYSED will also typically conduct an on-site inspection of your proposed facility or campus to verify that the location and physical resources match your descriptions and are adequate for college-level instruction. Additionally, New York requires a canvass of existing institutions – NYSED will notify other degree-granting colleges in the state (especially those in your geographic area or academic field) about your proposal and solicit their feedback or concerns. This canvass process allows existing institutions to comment on potential duplication or impact. Throughout the evaluation, NYSED may ask you to provide additional information or clarifications. Respond promptly to any such requests. The review will cover compliance with all Regents Rules and Commissioner’s Regulations (e.g., Regents Rule 3.58/3.59 for new institutions and Part 52 standards for programs). It is a rigorous, multi-step review, and it’s normal to engage in dialogue with Department staff to address any weaknesses in the application.

Regents Decision – After the full evaluation, NYSED’s Deputy Commissioner for Higher Education will decide whether to recommend your institution for approval. The final licensure decision is made by the Board of Regents at one of its public meetings. If you have met all requirements and the review is favorable, the Deputy Commissioner will submit a recommendation to the Board of Regents to grant Provisional Authorization for your institution to confer degrees. The Board of Regents will vote on the application in a scheduled meeting. Upon approval, you will be granted an official provisional charter or certificate authorizing the specific degree programs and titles you applied for. (If the Deputy Commissioner or Board finds that criteria are not met, your application will be denied at this stage – you will receive a written explanation. You may appeal a denial through the prescribed process within the Department, or after a denial you may choose to reapply in the future after remedying the problems, subject to any waiting period.)

Begin Operations – Once provisional authority is granted, you may proceed to open the institution and enroll students in the approved programs (subject to any conditions imposed by the Regents). The new college will operate under Regents oversight during the provisional period. Note that provisional authorization is typically granted for a limited period (often around 3 to 5 years to start). During this time, the school must adhere to all state requirements and work toward achieving full (permanent) authorization. The institution should also pursue accreditation if it is not already accredited, as this is generally expected for established degree-granting institutions (though New York does not require initial accreditation at licensing, meeting accreditation standards is a de facto expectation for permanent status).

Application

The application for a new degree-granting institution in New York is a formal written proposal submitted to NYSED/OCUE. NYSED provides a New College Application form and related templates on its website. You will fill out the application (which includes detailed questions on governance, academic plans, finances, facilities, etc.) and prepare a series of exhibits or appendices that provide supporting documentation. After submitting the Notification of Intent and obtaining access, all application materials are submitted digitally – you upload documents (typically in PDF and spreadsheet formats) to NYSED’s secure online folder. Communication with NYSED during the review is often via email and the online system; you will not be mailing a paper packet unless specifically instructed. It’s important to follow the official instructions and format exactly: complete every section of the form, use the provided workbook for budgets, and label your documents as required. Once your application is uploaded and you have notified NYSED, Department staff will begin their review (provided the fee payment has been arranged). Throughout the process, be prepared to submit additional information electronically. The entire application and review process is conducted in writing and through scheduled meetings – NYSED does not provide consultancy on how to shape your application content, so it must be your independent work. Tip: Make use of NYSED’s published guidance (laws, rules, standards) when preparing your submission to ensure you address all requirements.

Fees Payment

Several fees are associated with the degree authorization application, and all are non-refundable. The base application fee for a new institution is $7,000, which must be paid at the time you submit your full application. This fee covers the review of your proposal and includes authorization for one degree program. If you are requesting more than one degree program as part of your initial application, there is an additional fee of $2,500 for each extra degree program beyond the first. For example, if you plan to offer a BS in Business and a BA in Psychology, the total fee would be $7,000 + $2,500 = $9,500. Payment is made by check or money order payable to the “New York State Education Department.” When you are ready to submit, NYSED will provide a payment form to include with your check. Do not send the payment until instructed – typically, you will mail the check and form when you formally submit the application (NYSED will give you the mailing address, which is usually the OCUE office in Albany). The fee must be received for the application to move forward.

In addition to the filing fees, be aware that New York’s regulations authorize the Department to charge supplemental fees for specific evaluation activities. If your application proceeds past initial review, NYSED may require a formal capacity interview. In such case, an extra fee of $1,500 will be assessed to cover the cost of arranging and conducting the in-person interview. Similarly, if a full site visit review is deemed necessary (and generally for any new college, a site inspection is part of the process), an additional fee of $5,000 is required to cover the evaluation team’s visit. NYSED will notify you if and when these supplemental fees are due (typically prior to scheduling the interview or visit), and you must pay them promptly (usually within 90 days of notification) or your application will not advance.

There are no license issuance fees beyond these application and review fees. However, once your institution is approved, there may be standard fees for future program registration filings or other administrative requests. All payments to NYSED are non-transferable and non-refundable – even if your application is denied or withdrawn, you will not get the fees back. Plan your budget to cover these costs regardless of outcome.

Review & Evaluation

New York’s evaluation of a new degree-granting institution application is thorough and multi-faceted. During staff review, OCUE will verify that your proposal satisfies key legal and regulatory criteria: for instance, Education Law § 224 requires that only entities granted degree powers by the Regents or Legislature can award degrees, so your application must demonstrate why Regents should extend that authority to you. The Regents Rules (Section 3.58 and 3.59) lay out specific standards, including that the institution’s purposes and programs are in the public interest, that it has sufficient financial backing, qualified faculty, appropriate facilities, and governance capable of maintaining academic quality and integrity. Expect the Department to fact-check and validate all claims in your application. They may perform background checks on principal owners or board members to ensure no history of fraudulent educational ventures. Financial statements will be scrutinized: you might need to show proof of available funds (e.g. escrowed operating capital) to run the college for a period of time even with low initial enrollment.

Academic quality is assessed against the Commissioner’s Regulations Part 52, which contain standards for curriculum content, faculty credentials, admissions criteria, credit hours, and other academic policies. Each proposed degree program is reviewed to ensure it meets these standards – NYSED may have external academic experts review your curriculum submissions and provide opinions. If your programs fall under a profession that requires state licensure (for example, nursing, teaching, public accounting), the proposal will be coordinated with the respective professional licensing boards or Office of Professions to ensure those additional requirements can be met. (This can add time and complexity – e.g. a new nursing program must also be approved by the NYSED Office of the Professions Nursing Board.)

The canvass of existing institutions is a unique part of New York’s process. NYSED will send out a summary of your proposal (new institution name, location, proposed degree programs) to the presidents of other colleges in New York State. Those institutions have an opportunity to raise concerns or objections (perhaps citing duplication in a saturated market, or other issues). NYSED will consider any feedback from the canvass as part of the evaluation, and you may be asked to respond to or mitigate any concerns (for example, demonstrating there is unmet demand for your programs despite similar offerings nearby). This step is meant to ensure thoughtful growth of higher education in the state according to the statewide Master Plan. If your institution would introduce a new degree level or major in a region, the Board of Regents might determine a master plan amendment is needed as part of approval – essentially updating the state’s higher ed plan to include your college’s mission.

Throughout the review, expect a collaborative but formal process. NYSED might send you a request for information letter outlining any application deficiencies or questions. You will be given time to compile responses or revise parts of your submission. The evaluation is not on a fixed timeline – it can take a number of months and involve back-and-forth. An on-site facility review will be conducted (either by NYSED staff or appointed evaluators): they will visit your campus location to verify the space (classrooms, labs, library, technology, etc.) and ensure it aligns with what you proposed and meets safety and educational standards. They will also verify that you have the necessary permits or building inspections for educational occupancy. Any shortcomings (e.g. insufficient library resources, inadequate science lab facilities, etc.) will be noted for you to address.

In sum, the Department’s goal is to ensure that any new degree-granting institution in New York will provide a sound, ethical, and quality education to students. They will only recommend approval if you clearly demonstrate the capacity to meet these high standards from day one.

Additional Review

The State Education Department and Board of Regents serve as the sole authorities for authorizing degree institutions in New York – there is no separate independent higher education commission. All required review is handled within NYSED’s process described above. However, there are a few additional layers to be aware of:

• External Program Accreditations: If your proposed institution includes programs that might seek specialized accreditation (for example, an engineering program from ABET, or business program from AACSB), these accreditations are not required for state approval, but showing plans to obtain them can strengthen your case. NYSED might consult with subject matter experts during program review, but New York does not mandate separate approval from an out-of-state agency for degree authorization.
  
  
• Out-of-State Institutions: If an existing college from another state or country wants to establish a physical presence in New York, it must go through the same authorization process. New York does not automatically recognize other states’ approvals. In some cases, an out-of-state institution might seek a more limited permission (such as to offer courses or internships in NY). NYSED handles those via consent or limited permission processes, but if the institution intends to open a branch campus or operate as a college in NY, a full degree-conferring authority application is required. The Regents may grant a consent to operate for out-of-state institutions offering distance education or very limited in-state activities, but for a true campus, expect to incorporate in NY and follow the new college process.
  
  
• Professional Programs: As noted, additional review by other departments occurs if your programs lead to licensed professions (like medicine, nursing, law, teaching). For example, a new law school in NY must also be approved by the NYS Court of Appeals (for bar exam eligibility) aside from Regents approval. A teacher education program would need coordination with the Office of Teaching Initiatives. These parallel reviews mean you might need approvals from multiple bodies to fully launch certain programs. Plan for this in your timeline.
  
  

Despite these additional considerations, no separate state board outside the Regents will issue the primary authorization. The Regents’ vote is the critical approval needed to confer degrees.

Licensure Decision

If the Board of Regents votes to approve your institution, you will receive an official Provisional Authorization (often formalized through a Regents charter or consent letter). This is essentially your license to operate as a degree-granting institution. The authorization will specify the institution name, location, and the degree titles/levels and programs you are approved to offer. For example, it might state you are authorized to confer the Bachelor of Science (B.S.) in Accounting and the Master of Business Administration (M.B.A.), etc., as per your application. The initial authorization is provisional, meaning it is time-limited. New York typically grants a 5-year provisional charter for a new college (the exact term is set by the Regents and could be a bit more or less). The letter or charter document will indicate the length of the provisional period and any special conditions (for instance, a requirement to achieve accreditation candidacy by a certain date, or limits on enrollment until facilities are expanded, etc., if applicable).

You should display the authorization certificate or charter at your administrative office and be prepared to show this credential when needed. With this in hand, you can now legally advertise yourself as a college, recruit and enroll students, and grant degrees (once students complete programs) under New York State authority.

If the application is denied by the Board of Regents, NYSED will communicate the decision along with specific reasons. Common grounds for denial might include insufficient financial stability, unmet academic standards, or negative findings from the canvass/master planning process. In the case of denial, you have a couple of options: you may choose to appeal the decision (initially through a petition to the Commissioner of Education, and ultimately the courts if it were to go that far), or you may take the feedback, improve your proposal, and reapply after a minimum waiting period (usually one year or more, to significantly address deficiencies). There is no guarantee of approval on reapplication, so it’s critical to thoroughly resolve the issues cited.

Upon approval, remember that provisional authority is not permanent. It is essentially a trial period for your institution to prove itself. Students graduating during this provisional phase do earn valid, recognized degrees (your authority to award them is real during the approved period). New York will list your institution as “Regents-authorized (Provisional)” in its official listings of colleges.

Continuous Compliance

During the provisional license period (and beyond, once permanent authority is earned), the institution must maintain continuous compliance with New York State education standards. This includes adhering to all statutes, regulations, and any stipulations attached to your authorization. Important ongoing obligations and restrictions include:

• Offering Only Approved Programs: You may not launch new degree programs or confer degree titles that have not been specifically approved. If, after starting up, you wish to add a new program or degree level, you must go through a program registration process with NYSED before advertising or enrolling students in that program. (NYSED has separate application procedures to add programs, which involve demonstrating need and resources, similar to the initial process but on a smaller scale.) Unapproved programs are illegal to operate.
  
  
• Maintaining Standards: The quality and conditions you promised in your application must be sustained. Faculty must remain qualified (if you lose key personnel, hire replacements with appropriate credentials), student support services should be as described, and facilities must remain adequate. The Department may request annual reports on enrollment, finances, and outcomes. You should be prepared to submit yearly audited financial statements or other reports if asked. If the Department finds evidence of non-compliance (for example, financial instability that jeopardizes instruction, or lots of student complaints), they can place the institution on probation even during the provisional period. Probation could limit your operations or require specific corrective actions, and if problems aren’t fixed, the Regents can revoke your authorization.
  
  
• Accreditation Pursuit: While not explicitly mandated by law, most degree-granting institutions will seek regional or national accreditation. New York expects that an institution will either already be accredited or will achieve accreditation candidacy within the provisional period. If your provisional authorization was granted with the understanding that you will become accredited, failing to make progress on that front could impede your move to permanent authorization. Keep on track with any accreditation timeline you proposed.
  
  
• Notification of Changes: Significant institutional changes typically require NYSED approval. If you plan to change your ownership or governance (e.g. a sale to a new parent company or a change in control of the board), you must inform NYSED – degree authority is tied to the original charter and conditions, and a major change might trigger a review or need Regents consent. A change in your institution name or adding a new branch campus/location in New York also requires prior approval from the Board of Regents. Essentially, the scope of what was approved (name, ownership, location(s), programs) cannot be altered without going back to the Department for permission.
  
  
• Student Protections: Even as a degree college, you must follow student consumer protection rules. Make sure to implement a clear tuition refund policy for students who withdraw (New York’s Education Law outlines certain minimum refund requirements, especially for career schools – for degree institutions, you should have a fair and published refund schedule as well). Maintain honest and transparent advertising and recruitment practices – do not promise jobs or licensure outcomes that you can’t guarantee, and accurately represent your accreditation status in all publications (e.g., you cannot call yourself “fully accredited” unless you are). New York’s Rules of the Regents (§13.11) restrict what a school can claim about its status; as a provisionally authorized institution, you must be careful not to mislead students regarding the nature of your approval.
  
  
• Ongoing Oversight: Your institution will be under OCUE’s oversight. They may conduct site visits or monitoring during the provisional period to check on your progress and compliance. Treat NYSED staff as partners in ensuring quality – respond to any inquiries or directives they issue. Keep required records (student transcripts, course catalogs, etc.) accessible and organized.
  
  

If at any point you decide to cease operations (close the school), you must notify NYSED well in advance and submit a teach-out plan for existing students and a plan for the preservation of academic records (transcripts). Abandoning a degree-granting institution without a proper closure plan is a serious violation and could incur penalties.

Staying in compliance not only keeps you in good standing with the state but also sets the stage for a successful permanent authorization down the line.

Renewal

In the context of New York degree authority, “renewal” means progressing from provisional to permanent degree-granting authority. New York does not require annual license renewals for degree institutions as some states do; instead, the process involves an in-depth review toward the end of your provisional term.

Approximately one year before your provisional charter expires, you must submit an application to NYSED for permanent authorization (or for an extension of provisional status, if you feel more time is needed to meet requirements). OCUE will instruct you on the renewal application procedure. Essentially, you will need to demonstrate that over the provisional period, your institution has fulfilled all its obligations and meets the standards expected of an established college. This includes providing evidence of institutional stability and success: accreditation status (if achieved or well in progress), assessment of student outcomes (graduation rates, etc.), financial health, and compliance with any conditions that were set initially. You should also update all institutional information and submit current documents (like the latest catalog, audited financials, strategic plan, etc.).

NYSED will again conduct a review (which may include a site visit by a team to verify operations on the ground with real students enrolled). They will look at whether the institution operated ethically and effectively during the provisional years. For example, did you maintain acceptable student academic outcomes? Did you address any minor compliance issues promptly? Are students and faculty generally satisfied? This is effectively your institution’s final exam before full licensure.

The Deputy Commissioner will make a recommendation to the Board of Regents on granting permanent degree-conferring authority (often called an “absolute charter” for independent colleges). At a Regents meeting, one of several actions will be taken:

• Grant Permanent Authorization: This means your institution is fully approved to continue indefinitely as a New York degree-granting college. You will no longer be on “provisional” status (though ongoing oversight continues in a general sense).
  
  
• Extend Provisional Authorization: The Regents might decide that you’re not quite ready for permanent status but have shown enough progress to continue. They could extend your provisional charter for an additional period (e.g., another 1-3 years) to allow you to meet remaining goals (for instance, to achieve accreditation, or improve some metrics). They will review again after that extension.
  
  
• Deny Permanent Authorization (Closure or Teach-out): If the institution failed to meet the standards during provisional status – for example, serious problems occurred or it never achieved the expected benchmarks – the Regents can deny full authorization. In such a case, they will typically not yank your authorization overnight; rather, they may require an orderly teach-out of current students. They could extend the provisional authority for a short, limited period solely to let you graduate or transfer students, after which the institution must close. In extreme cases, if there are egregious violations or immediate threats to students, the Regents could direct an immediate closure and revocation of authority.
  
  

As long as you continue to operate responsibly and meet your commitments, you can anticipate a smooth transition to permanent authorization. After obtaining permanent authority, your institution will be under the ongoing supervision of the Board of Regents (just like any longstanding college), but you will not have to “renew” your license every few years. You will, however, continue to file required annual reports and remain accountable to NYSED regulations.

Checklist of Required Items

When applying for New York State degree-granting authority, be prepared to provide a thorough set of documents and exhibits. Here is a checklist of key items you will need in your application package:

• Notification of Intent Letter – Proof of having submitted the initial intent to apply (as required by NYSED), including basic details of the proposed institution (name, location, degree level, subject focus).
  
  
• New College Application Form – The official NYSED application form, completed in full. This includes sections on institutional mission, governance, administration, academic programs, and projections.
  
  
• Proposed Institutional Charter or Certificate of Incorporation – Draft document for creating the education corporation (if applicable) or description of the legal entity that will operate the school. Include the proposed name of the college and evidence that you have the consent for use of that name (New York will not allow duplicate or misleading college names).
  
  
• Governing Board and Ownership Information – List of the initial Board of Trustees or Directors, with names and brief bios. Indicate any owners or shareholders if it is a for-profit entity (include percentage ownership). Provide affidavits or disclosure forms as required (e.g., showing no board member has disqualifying criminal convictions as per state law).
  
  
• Mission Statement and Needs Analysis – A statement of the institution’s purpose and the student population it will serve, along with research or data demonstrating the need for the college and its programs in the region (e.g., employment demand for graduates, lack of similar programs in the area).
  
  
• Academic Program Proposals – For each degree program you seek to offer: a detailed description including program title, degree level, curriculum outline (list of courses with credits or hours), program objectives, and how it meets state curriculum standards. Include course descriptions and any unique requirements (internships, clinical placements, etc.).
  
  
• Standards for Awarding Credit/Degrees – Documentation of your credit hour policy (showing compliance with the Regents credit hour definition), grading system, satisfactory academic progress standards, and graduation requirements for each program.
  
  
• Faculty and Staff Plan – An overview of the faculty needed to deliver the programs. Include curricula vitae or resumes for prospective key faculty and administrators. At minimum, provide qualifications for the Chief Academic Officer (provost or dean), the President or CEO, and any confirmed instructors. (Faculty should typically have advanced degrees in the field of instruction; for a bachelor’s program, many faculty should hold doctorates or at least master’s in the field.)
  
  
• Hiring and Personnel Policies – A description of how and when additional faculty will be hired as the institution grows, and the standards that will be used to recruit qualified instructors. If certain personnel are not yet hired, describe the qualifications you will require. Also outline the student-to-faculty ratio you aim to maintain.
  
  
• Accreditation Plan – If the institution is not already accredited, describe which accrediting body you will seek accreditation from and a timeline for achieving candidacy and initial accreditation. (Accreditation is crucial for federal financial aid eligibility and academic recognition, so NYSED will expect to see a plausible plan even though state approval can precede accreditation.)
  
  
• Financial Resources and Budget – Detailed financial projections showing the school’s anticipated revenue, expenses, cash flow, and enrollment numbers for at least the first five years. Include a start-up budget that accounts for how you will finance the college until tuition revenue grows. Identify funding sources: e.g., personal investment, loans, grants, or parent company support. Provide any audited financial statements if an entity (company or organization) is backing the school. NYSED wants evidence that you have enough capital to support the programs, hire faculty, and maintain operations (typically, a new institution should have funds to cover at least 1-2 years of expenses without relying solely on tuition).
  
  
• Facility Plan – Information on the physical site: address of the campus or learning site, description of buildings and classrooms, laboratory or library facilities available. Include floor plans or campus layout diagrams if possible. If you have secured a location, provide a copy of the lease, deed, or rental agreement. Note the capacity of the facilities (number of classrooms, seats, equipment). Also detail any special facilities required by the programs (e.g., science labs, computer labs, clinical training space) and confirm that they will be ready and appropriately equipped. Evidence of compliance with local building codes or a Certificate of Occupancy for educational use is recommended.
  
  
• Library and Learning Resources – Describe the library resources that will support your curricula. This might include on-site library space, volume counts (physical or e-books), database subscriptions, and partnerships with other libraries. If you plan to rely heavily on digital resources, outline the access students will have. New York requires that degree programs have adequate library support, so address this clearly.
  
  
• Student Services Plan – Outline how you will provide necessary student services such as academic advising, counseling, career services, financial aid advising, and disability accommodations. Even a new small college should have a basic framework for supporting students outside the classroom.
  
  
• Catalog and Policies – A draft college catalog or student handbook. This should include admissions requirements for each program, tuition and fees, academic policies (grading, credit transfer, academic integrity, etc.), student conduct rules, and the student complaint/grievance procedure. New York will review these policies to ensure they are consistent with state law (for example, there must be a procedure for students to file complaints, and disclosures of certain information).
  
  
• Enrollment Agreement – If you plan to use a contract or enrollment agreement for students (more common in career schools than colleges), provide a sample. Degree institutions often simply rely on the catalog rather than a signed contract, but any document students must sign should be included.
  
  
• Marketing Plan and Advertising – A brief description of how you will market the college and recruit students, including any third-party recruiters or agents you’ll use. Provide samples of any advertising or promotional materials (if already developed). This is to ensure your advertising is truthful and not misleading.
  
  
• Compliance Certifications – You may be required to sign certain affidavits or certification statements (provided in the application form) attesting that the information is true, that you will abide by state laws (such as not discriminating in admissions or hiring, compliance with Title IX, etc.), and that no member of the organization has improperly used influence to obtain authorization.
  
  
• Application Fee Payment Proof – Finally, include a copy of the payment form and check (or other payment confirmation) for the required fees. If you mailed the check separately, note the date it was sent. NYSED will cross-check that the fee has been received for your application.
  
  

This checklist is not exhaustive – the NYSED application instructions may list additional specific documents or forms (for example, a sample diploma or degree certificate format, or documentation of any partnership if you’re collaborating with an existing institution). Always double-check the latest NYSED guidance to ensure you include all required items. Organize your submission clearly, label each document, and follow the requested order. A well-prepared application package will facilitate a quicker and smoother review.

Fees & Timelines

The table below summarizes the major fees and expected timeframes for a new degree-granting institution application in New York:
‍

Notes: The overall timeline from initial intent to final approval can vary significantly. 6–12 months is an optimistic estimate for the review process after you submit a complete application; more complex proposals can take 18+ months, especially if revisions are needed or external factors (like master plan amendments or professional board approvals) come into play. NYSED processes applications on a rolling basis – there are no fixed “due dates,” but the Regents can only act during their meetings, so completions are batched to those dates. It is wise to allow at least one year from submission to decision for planning purposes. Build contingencies into your business plan in case the review takes longer. Regarding fees, as of this guide’s publication the fees listed are current; always verify on NYSED’s site in case of updates. The $1,500 interview fee and $5,000 site visit fee are only levied if those steps occur – nearly all new college applications will incur them. Permanent authorization in NY currently does not require an additional fee like the initial $7,000 (the reference in regulations to fees for permanent mainly covers the staff work which is already funded via initial fees and annual assessments on institutions). Once operating, institutions might have to pay smaller fees for miscellaneous requests (like new program registrations, which generally cost a few hundred dollars each). New York does not charge annual licensing fees to degree institutions; oversight costs are covered by general state funds and the minimal charges mentioned. Always ensure timely payment of any requested fees – failing to pay a required fee will halt your application or jeopardize your standing.

State Exemptions

1. Public Institutions Established by State Law – Colleges and universities in the State University of New York (SUNY) and City University of New York (CUNY) systems have their degree powers conferred directly by New York statutes. These state-established public institutions do not need to obtain a Board of Regents charter or certificate of authority, as their legal authorization to grant degrees is embedded in state law.
   
   
2. Special Legislative Charter Institutions – Private higher education institutions that have been incorporated and granted degree-conferring authority through a special act of the New York State Legislature are exempt from the Regents charter requirement. A legislative charter serves as the institution’s official authorization to operate and award degrees in New York, eliminating the need for a separate Regents charter or consent.
   
   
3. SARA-Participating Out-of-State Institutions – Degree-granting colleges and universities based outside New York that participate in the State Authorization Reciprocity Agreement (SARA) are not required to seek separate New York approval for offering distance education to New York residents. Under this reciprocity framework, an out-of-state institution with no physical instructional presence in New York may provide online programs to New Yorkers without a Regents certificate of authority, as long as the institution is authorized in its home state and operates within SARA’s standards.
   
   
4. Federal or Military Academic Institutions – Educational institutions operated by the federal government within New York State (such as United States service academies or other federally chartered colleges) are not subject to New York’s state authorization mandates. These entities function under federal authority and therefore do not need a New York Regents charter or certificate of authority to offer degree programs in the state.

Vocational and Career Schools

Process

Confirm License Requirement – If you plan to operate a private non-degree postsecondary school in New York (often called a trade school, career school, or Licensed Private Career School), first determine whether your school must be licensed by NYSED’s Bureau of Proprietary School Supervision (BPSS). Under Education Law Article 101, most for-profit schools offering occupational training and charging tuition are required to be licensed. There are a number of exemptions (see State Exemptions below) – for example, purely avocational hobby classes, or training programs for a company’s own employees might not need a license. Carefully review the exemption criteria; when in doubt, contact BPSS for guidance. Operating an unlicensed proprietary school when one is required can result in legal penalties, so it’s crucial to confirm your status. Assuming you do need a license, proceed with the steps below.

Create BPSS Account – The licensing process is managed through an online system. You must create an account on the My.NY.gov portal and access the BPSS Electronic Licensing System. Once logged in, you can start a “New School License Application.” This account will also be used to submit materials, track your application status, and later manage your school’s compliance (renewals, reports, etc.). BPSS provides a step-by-step guide on setting up the account and beginning an application. All communications and submissions will be electronic – the online system is the hub for the entire process.

Prepare Application Materials – A proprietary school application must satisfy six major criteria set by BPSS: (1) Approvable Curricula, (2) Ownership/Authority, (3) Educational Policies and Operations, (4) School Personnel, (5) Financial Viability, and (6) Quarters (Facilities). You will need to compile documentation for each of these areas. This includes drafting curriculum outlines for each course or program you will offer, organizational documents for your school’s business entity and proof of ownership (e.g., articles of incorporation, partnership agreements), developing a comprehensive school catalog detailing policies and procedures, hiring or identifying qualified instructors and a director (and gathering their resumes and license applications), preparing financial statements or budgets showing you have the resources to operate, and securing a suitable location with floor plans, occupancy permit, and any equipment needed. It is a substantial amount of work – BPSS expects you to understand and apply the regulations to design your school. They will not write policies for you, but they do offer templates and guidance documents on their website. Take advantage of any checklists and sample forms BPSS provides. Make sure every required item (from fire inspection certificates to teacher license forms) is included. Missing documents or poorly prepared materials are the number one cause of delays or denials.

Submit Application & Pay Fees – Through the BPSS online system, fill out the School License Application form. This form will ask for all the school’s details (name, address, owner info, proposed programs, etc.) and will have you upload the supporting documents you prepared for each criterion. When you have completed all sections and attached all files, you will submit the application electronically. At this point, you must also remit the required fees via the online portal. The system will calculate the fees due (see “Fees Payment” below for details: the primary fee is $5,000 for a new school). Payment can typically be made by credit card or electronic check directly in the portal. The application is not officially filed until payment is received. Once submitted, the application will enter BPSS review. Keep copies of everything you uploaded and any payment receipt.

Phase 1 – Application Requirements Review – In this first phase, BPSS staff review your application for completeness and initial compliance. Essentially, they check: Have you provided all required documents? Does your curriculum appear to cover the necessary content? Are your policies clearly stated? This phase has a strict timeline: from the date you submit, you have 180 days (6 months) to satisfy all application requirements. If something is missing or deficient, BPSS will issue a deficiency notice via the online system, listing what needs correction. It’s then up to you to upload the missing items or corrections. For example, BPSS might tell you that your catalog needs to include a specific refund policy language, or that an instructor resume is lacking a required credential. You can continue to edit and resubmit materials during this phase. Be very responsive: you want to clear all deficiencies well before the 180-day mark. Also, your curricula must obtain preliminary approval in this phase – meaning the BPSS curriculum unit reviews your program syllabi and gives a green light that they meet standards (this may involve revisions back and forth). If by 180 days your application is still not complete or a program is not approvable, your application will be denied for failing Phase 1. BPSS is quite firm on this timeline. Extensions are rare and only granted for extraordinary circumstances beyond your control. If denied, you would have to start over with a new application (and pay fees again). Therefore, it’s wise to submit only when you are fully prepared, and then address any deficiencies as quickly as possible.

Phase 2 – Evaluation of Quality Criteria – Once your application packet is deemed complete (Phase 1 finished) and your curricula have preliminary approval, the process moves to Phase 2. In this phase, BPSS conducts a detailed evaluation of the substance of your application to ensure you truly meet all minimum licensing criteria. This evaluation covers the five main standards: Ownership, Educational Policies & Operations, Personnel, Financials, and Quarters. BPSS will typically perform up to three rounds of evaluations:

• Evaluation Round 1: The initial in-depth review. Staff (and sometimes external evaluators for certain subjects) will read through all your documentation. They will check compliance with each regulatory requirement. For instance, they will verify your owner background – owners and directors are subject to background checks; any history of fraud or prior school violations will be examined. They will evaluate your educational policies – does your catalog contain all required elements (attendance policy, grievance procedure, tuition refund schedule, etc.) as required by Commissioner’s Regulations? They will scrutinize personnel – are all instructors properly qualified and have you submitted license applications for each? Is your proposed Director experienced and have they applied for a director license? They will analyze financial viability – looking at your financial statements or projections to ensure you have enough funding; if your financials raise questions, they may ask for additional proof of funding or a surety arrangement. They will inspect details about your quarters (facility) – checking capacity, safety, and whether it’s an appropriate environment for the training (adequate equipment, lighting, etc.). After this round, BPSS will send you an evaluation report noting any deficiencies or required changes for each criterion.
  
  
• Evaluation Round 2: You then have an opportunity to fix issues and respond. You might need to submit revised policies, hire an additional qualified instructor, increase your bond or financial guarantee, improve the facility, etc., depending on the feedback. About 60 days after the first evaluation, BPSS will conduct a second review of your updated materials. They will again note if criteria are now met or if some still fall short.
  
  
• Evaluation Round 3: If needed, you get a third and final chance (again roughly 60 days later) to address remaining deficiencies. BPSS will do one more review. By the end of the third evaluation, either all five criteria are satisfied or not.
  
  

If after three rounds you still fail to meet one or more of the criteria, the application will be denied due to not meeting minimum standards. BPSS will then close the application. If you reach denial at this stage, you would likely need to regroup, significantly overhaul your plans, and reapply afresh if you wish to continue (there is no guarantee of approval on reapplication unless you fix the issues). However, if you are proactive and thorough, many issues can be resolved by the third round, and BPSS will be able to move toward approval.

Site Inspection – Parallel to the evaluation rounds, BPSS will usually schedule an on-site inspection of your school facility, typically once your application is near approval or as a part of finalizing the quarters criterion. An inspector or BPSS representative will visit the school’s location in person. They will verify that the facilities match what was described in your application: are the classrooms of the stated size? Do you have the equipment you promised (computers, tools, machinery, etc.) installed and functioning? Is the location safe, clean, and suitable for students? They may check for required postings (like evacuation plans, or if your building has any code compliance certificates displayed). If your programs require specific equipment (for example, a cosmetology school needs salon stations, a welding program needs ventilated welding booths), the inspector will confirm those are in place. Any deficiencies noted must be corrected before final licensure. It’s wise to have your facility fully set up before this inspection, even if you are not teaching yet, to show you are ready to operate.

Final License Determination – Assuming you successfully navigate the evaluations and inspection, BPSS will move to approve your license. A final review is done by the BPSS leadership to ensure all statutory requirements are met. Then, the Commissioner of Education (or BPSS Director under delegated authority) will issue an approval. You will receive a formal license certificate indicating your school is licensed to operate in New York State, along with a license number and expiration date. The initial license is valid for two years from the date of issue. BPSS will send you documentation outlining the scope of your license: the approved school name and address, the approved programs or courses you may offer, and any specific conditions (for example, maximum enrollment if applicable). Once you have this license in hand, you are legally permitted to open enrollment and start classes in your approved programs. Celebrate this achievement – but remember to strictly abide by what’s approved.

If at the end of the process BPSS cannot approve the application (i.e. you were denied after evaluations or you ran out of time in Phase 1), you will be informed in writing. The denial letter will cite the reasons (e.g., “financial viability criterion not met due to insufficient working capital,” or “curriculum not approved by third evaluation”). You have the right to appeal a denial through an administrative appeal to the Commissioner of Education, but appeals are rarely successful unless you can prove a factual error. More commonly, schools choose to address the weaknesses and reapply. There is no automatic refund or rollover of fees – a new application means new fees. Therefore, it’s critical to try to get it right the first time if possible.

Application

The BPSS school license application is completed entirely online. Once logged into the My.NY.gov portal and in the BPSS section, you will find interactive forms for each part of the application. You will enter information such as the school’s proposed name, ownership type (sole proprietorship, corporation, LLC, etc.), the names of owners and their contact info, and details about each program you plan to offer (program name, total instructional hours, tuition, etc.). The system will prompt you to upload documents at various sections. For instance, when you list an instructor, you will need to upload that instructor’s resume and their Teacher License Application (BPSS has a specific form for instructor licensing). When describing your facility, you might upload a floor plan diagram. For school policies, you will upload your catalog/student handbook document. Each required upload has a slot in the online application interface.

Be sure to use the file formats and naming conventions requested. Typically PDFs are preferred for text documents, and perhaps Excel for financial forms if provided. The online system allows you to save your progress and return later, so you don’t have to complete it all in one sitting. Important: your application isn’t officially submitted until you hit the final submit button and pay the fee. After submission, changes are not possible through the portal interface (until/unless BPSS unlocks certain parts for you to correct deficiencies). If BPSS provides deficiency feedback, they may temporarily allow you to replace or add documents in the system or may instruct you to email additional files to staff for inclusion. Follow the instructions given in any deficiency notice for how to provide updates.

Throughout the process, keep communications professional and timely. Use the Contact Us links or the BPSS email/phone contacts if you have technical difficulties. Remember that the burden is on the applicant to understand the regulations – BPSS expects you to have read Education Law §5001 and Commissioner’s Regulations Part 126. The online application may have some built-in guidance (like tooltips or links to resources) – use them. Also, ensure that individuals who need to be licensed (School Director, Agents, Teachers) create their own accounts and fill out their personal license applications online concurrently, as those approvals will be tied to your school’s approval.

Fees Payment

New York’s proprietary school licensing fees are set by law and are non-refundable. The major fees include:

• New School Application Fee: $5,000 – This is the primary fee for processing a new school license application (whether it’s a career institute, trade school, or ESL school). It is a one-time fee due at initial application. The fee is the same regardless of school size or number of programs (there’s no per-program charge for BPSS, unlike the degree side).
  
  
• Additional Location Fee: $2,500 – If you already operate a licensed school in NY and are applying for a license for an additional campus or branch under the same ownership, the fee for that second site is $2,500. (This reduced fee only applies if you as an owner are in good standing with an existing license. If it’s your first school in NY, the fee is always $5,000 even if you have schools in other states.)
  
  
• Director and Agent Fees: Individuals must be licensed to serve in certain roles. A School Director license application costs $100, and each Private School Agent (admissions recruiter) application costs $200. These fees are typically paid by the applicants for those roles, but as the school owner you should be aware of them and ensure your staff applies and pays accordingly. You cannot operate without a licensed Director in place, so budget for that $100 and the time for your director to get approved.
  
  
• Teacher License Fee: For each instructor teaching at the school (for Licensed Private Career Schools, not required for Registered Business Schools), a teacher license application fee of $100 applies. Every instructor must be licensed by BPSS (or have a temporary teaching permit, which also involves a fee). So if you are hiring 5 instructors, that would be $100 each = $500 in teacher licensing fees. Like the director fee, this might be paid by the individual or the school, but it should be accounted for.
  
  
• Curriculum Review Fee: BPSS charges $100 for each curriculum you submit for approval. If you have, say, 3 distinct programs (e.g., Medical Assistant program, HVAC Technician program, and an ESL course), you will pay $100 for each, so $300 total. However, if a program is especially complex or outside expertise is needed to evaluate it, BPSS may charge up to $250 for that curriculum review (this tends to be for courses that require specialized industry experts to review). In most cases, assume $100 per program. If you add new programs later, each new curriculum application will also incur $100.
  
  
• Exam Fee (if applicable): Some vocational schools are required to administer Ability-to-Benefit tests or other entrance exams. There may be fees related to those approvals, but these are not BPSS fees – they are paid to test publishers. Mentioning it here so you consider all startup costs (for example, obtaining approval to use a certain ATB test might involve paying the test company).
  
  
• Annual Assessment Fees: While not part of the initial licensing, note that once operating, schools pay annual assessments to NYSED. New York uses a sliding scale based on your school’s gross tuition revenue. The assessment is collected to fund the Tuition Reimbursement Fund (for student protection) and BPSS oversight. It effectively acts as a yearly fee. For instance, a small school with under $200k tuition might pay $250/year, whereas a large school over $1 million tuition might pay $1,500 or more annually. This is something to budget for post-licensure. It’s not paid during initial application but will apply by the end of your first year of operation.
  
  

All fees should be paid through the BPSS online system whenever possible. The $5,000 application fee will be prompted for payment when you submit the application – you can pay by electronic check (ACH) or credit card. If for some reason you need to pay by certified check or money order, coordinate with BPSS for mailing instructions, but this is less common now. Remember: these fees are non-refundable. If your application is denied or you withdraw, you do not get the money back, and you would have to pay again for a new attempt. Also, fees are non-transferable; you can’t apply them to another school or a different process.

Lastly, if BPSS has to utilize an outside expert to evaluate part of your application (for example, hiring a curriculum specialist to review a very specialized course), the law allows them to charge you the reasonable cost of that expert’s services. This isn’t common, but be aware it’s a possibility for niche programs. If it occurs, BPSS will inform you of the additional cost and likely require payment before final approval.

Review & Evaluation

BPSS’s evaluation ensures that a prospective school will operate with integrity, quality, and in the students’ best interest. Here is how each criterion is reviewed:

• Ownership and Background: BPSS will verify that the individuals or entity owning the school are suitable. All owners with at least a 10% stake must be disclosed. You will have answered questions about criminal convictions or past regulatory violations. BPSS runs background checks – if an owner or key staff has a felony record or previously ran a school that closed owing refunds, this will be scrutinized. While not an automatic disqualifier, BPSS can deny a license if they determine an owner’s background poses an “unreasonable risk” to students (as per Education Law, considering factors like fraud convictions). Full honesty on the application is required; failure to disclose something significant is grounds for denial. Assuming your background is clear, this criterion is met by providing all required disclosures and demonstrating responsible ownership (e.g., having a clear organizational structure and appointing qualified management).
  
  
• Educational Policies and Operations: This criterion is mainly evaluated through your school catalog and policies. BPSS will check that every policy required by regulation is present and compliant. Key policies include: Admissions requirements (must be reasonable and clearly stated; for example, if a high school diploma is required, you state that), Attendance policy (including how many absences are allowed, makeup work, etc.), Grading system and satisfactory progress standards, Tuition and fees schedule, Refund policy (New York has a mandated refund schedule for tuition; for the first quarter or term of any program, your refund policy must allow a prorated refund based on when a student withdraws – BPSS will ensure your policy matches the law’s minimums), Student complaint procedure (students must be told how to file complaints internally and also given BPSS’s address to file complaints externally), job placement assistance (if you offer it, you must not guarantee jobs, only assist), attendance of record-keeping (you need to keep records of student attendance and progress), and school calendar and holidays. They will also look at operations details: do you have a plan for instructor evaluations? How will you ensure adequate supplies for training? If your program is the kind that requires an externship (on-the-job training), they will examine your plan for securing sites and supervising that training. Essentially, BPSS wants to see that the school will run in a professional manner consistent with educational best practices and regulatory requirements. Your catalog should be written clearly, at a reading level students can understand, and it should align with all state rules.
  
  
• Curriculum (Approvable Programs): This is a crucial part. Each program’s curriculum is reviewed to ensure it truly prepares students for entry-level employment in the field. BPSS will check that entrance requirements for the program match the program’s difficulty. They evaluate the content: Are the topics and skills taught relevant to the occupation? They prefer to see that you consulted industry standards or employer needs in designing the curriculum. The program length (in clock hours or credit hours) should be appropriate – not too short to cover material, but also not excessively long for the expected outcome. For vocational programs, many have guidelines (for example, a medical assisting program might typically be 600 hours; if you propose 200, it’s likely insufficient, if you propose 2000 it might be padded). They’ll examine instructional methods: lecture, hands-on practice, labs, etc., to ensure they’re suitable. They also want to see that any equipment or technology used is up-to-date with industry. If your program prepares students for a certification or license (like Cosmetology license or HVAC certification), the curriculum must meet any hours and content requirements set by that external board. BPSS coordinates with agencies like the NYS Department of State (for appearance enhancement/cosmetology programs) or Department of Health (for some health tech programs) when necessary. They also ensure syllabi have clear objectives and learning outcomes. If any curriculum is not up to standard, they will give feedback (e.g., “add modules on X skill” or “increase the hours of practical training”). You must get at least preliminary approval of all curricula in Phase 1, and final approval by Phase 2 end.
  
  
• School Personnel: Under BPSS rules, a proprietary school must have a licensed Director who is responsible for daily operations and compliance. The Director’s qualifications (education level, administrative experience) must meet BPSS criteria (usually at least 2 years of related experience and some higher education, with exceptions depending on school size). All teachers/instructors must have a BPSS teaching license or a temporary teaching permit. To qualify, instructors generally need to show expertise in their field (could be a combination of education and work experience – e.g., a coding instructor might have a CS degree or industry certification plus years of work experience). If any instructor will also serve as the Director, BPSS must approve that arrangement (some smaller schools have one person as both owner and director, or director and teacher). You’ll also likely designate at least one Agent if you plan to have someone recruit or solicit students off-site; agents need permits to ensure they understand ethical recruitment rules. BPSS will evaluate whether your staffing plan is sufficient: do you have enough instructors for the class sizes? Is there an adequate student-to-teacher ratio proposed? Are support staff (like a registrar or receptionist) accounted for? You don’t need a full staff hired pre-licensing, but you need a solid plan and at least the core staff identified (Director and a few instructors for key courses). BPSS will not approve a license if, for example, the only identified instructor for an electrical technician program does not have an electrician’s license or proper background – they’d require you to find qualified staff first. Ensuring all your personnel applications are submitted in tandem is essential (the system lets you link teacher applications to your school’s application).
  
  
• Financial Viability: New York wants to avoid situations where a school takes students’ tuition and then collapses financially mid-term. So BPSS examines your finances carefully. For a new school, you should show a start-up budget listing initial expenses (e.g., rent, equipment, salaries before revenue comes in) and sources of funds to cover them. If you have investors or personal funds, that should be documented (bank statements, loan commitment letters, etc., may be requested). They expect that you have enough cash or capital to operate at a projected loss for the first 6-12 months (since new schools often take time to become profitable). You will also need to submit projected income statements for at least two years, showing expected enrollment, tuition income, and all expenses (instructors’ salaries, rent, marketing, insurance, supplies, etc.). The projections should be realistic – BPSS might question overly rosy enrollment figures. If your school’s model relies on federal student aid, remember you cannot get Title IV aid (Pell Grants, loans) until licensed and accredited, which takes years, so you must show viability without federal aid initially. New York does not require a surety bond for licensed schools (instead, schools pay into a Tuition Reimbursement Fund annually), but BPSS will expect that any outstanding liabilities (like building a facility) are accounted for. Existing companies applying might include audited financial statements to prove their strength. The rule of thumb is: have sufficient working capital to run the school for at least one year with zero or minimal revenue. If BPSS has doubts, they will not approve. They can also require an escrow of prepaid tuition or a performance bond in some cases if financial stability is questionable, but that’s case-by-case. You want to convince them your business will be financially sound and students’ prepaid tuition is safe.
  
  
• Quarters (Facilities): The evaluation of your quarters ensures the physical environment is conducive to learning and safe. You must show that your proposed location is either ready or will be ready by the time of licensing. BPSS will look for a Certificate of Occupancy or other proof that the facility is legally allowed to be used as a school. Classrooms should have enough space per student (there are often guidelines like 20 square feet per student in a classroom, etc., depending on type). Specialized training environments (e.g., a carpentry workshop) must meet safety regulations (proper ventilation, exits, etc.). You should detail the equipment you have: for example, if it’s a computer training school, list the number of computers and software; if a medical tech program, list medical equipment for labs. BPSS’s on-site inspection will physically verify these, as mentioned. The facility also should be accessible or have a plan for accommodating students with disabilities (compliance with the Americans with Disabilities Act). If you plan multiple classrooms, label them in your floor plan and indicate their uses (lecture room, lab, etc.). Show that you have sufficient furnishings (desks, chairs, whiteboards or smart boards). Also consider parking or public transit access as that can be raised by evaluators (not a strict requirement, but part of being a student-friendly environment). If any renovations are needed, try to complete them before final inspection and have documentation (like fire department inspection certificates, if relevant). A clean bill of health on the facility is often the last piece before approval.
  
  

Overall, the BPSS evaluation is rigorous but also designed to be somewhat iterative – they give you feedback and chances to improve. Treat it as a collaborative compliance check. The evaluators’ goal is not to fail you, but to ensure any school that opens will do right by students. If you demonstrate that by the final review, you’ll earn your license.

Additional Review

Beyond BPSS’s standard process, there are a few additional review considerations for certain schools:

• External Agency Approvals: Some programs require approval from other state agencies before BPSS can license the school. For example, if you intend to offer a Cosmetology or Barber program, you must have that curriculum approved by the NYS Department of State’s licensing division (since those students need to meet specific hour requirements to sit for state licensing exams). Similarly, a Security Guard training school needs approval from the NYS Division of Criminal Justice Services. BPSS will inform you if such an external approval is necessary, and often you must obtain that and include proof in your application. Another example: ESL schools (English as a Second Language) follow similar BPSS licensing, but if they issue the I-20 for student visas, they also deal with federal SEVP approval; while that’s federal, BPSS might coordinate on ensuring you meet those standards too. The key is: if your training field is regulated elsewhere, expect an extra layer. BPSS’s website and staff can guide you on what’s needed. Failing to get a required outside nod will stall your license.
  
  
• Out-of-State Providers: If an institution from outside New York (or a chain school) wants to open in NY, they must still go through BPSS from scratch. There’s no reciprocity. However, BPSS might do some additional vetting of the parent institution’s track record. They could ask for information about your schools in other states, accreditation status, any disciplinary actions elsewhere, etc. Ensure you disclose any such history. Out-of-state ownership also doesn’t change that a New York location must be licensed and follow New York rules independently.
  
  
• School Corporations vs. Individuals: New York allows various ownership structures – you could apply as an individual (sole proprietorship) or as a corporation/LLC. If you are a corporation, BPSS will want to see the certificate of incorporation (or authority to do business in NY if incorporated elsewhere) and that the corporation’s purpose includes education. They may ask for business certificates (for sole proprietors or partnerships, a county-issued “doing business as” certificate should be provided). All these legal documents are reviewed by BPSS’s legal staff to ensure the entity is properly formed to run a school.
  
  
• Advisory Council: New York has a Proprietary Schools Advisory Council that meets periodically. While they don’t individually approve licenses, they advise BPSS on policy. In rare cases, BPSS might present an unusual application to the Council for input. Generally, though, you won’t interact with the Council during initial licensing (they’re more involved in ongoing regulatory updates).
  
  

The bottom line: for 90% of schools, BPSS is the one-stop agency. Just be mindful if your niche falls under another regulator, you might have a dual process. BPSS will not finalize your license until those pieces are in place. They may issue you a conditional approval pending final external sign-off (for example, “approved to operate except cannot actually start cosmetology classes until Dept. of State curriculum approval letter received”), but typically they prefer all done upfront.

Licensure Decision

When your application successfully meets all criteria, BPSS will issue a licensure approval notice. You will receive an official License Certificate for your school, often accompanied by a cover letter. The certificate will include your school’s licensed name, address, and a BPSS license number. It also states the period of validity (the license term). Initial licenses are valid for 2 years. For instance, if approved on July 1, 2025, the license might expire June 30, 2027. Mark that expiration date internally and set reminders for renewal well in advance (renewal is covered in the next section). The license certificate should be prominently displayed at the school where students and visitors can see it – this is a requirement to demonstrate you are authorized.

The approval letter may also list any specific stipulations or limitations. Examples could be: a cap on the number of students you can enroll at one time (sometimes new schools are limited until they prove capacity), or a requirement to submit a status report after one year of operation. It will certainly remind you that you must only offer the courses that were approved. If you proposed three programs and only two got approved, the letter will clarify which programs you may offer. Sometimes a program might be approved for a slightly different title or length than originally submitted, based on BPSS’s adjustments – review all details.

If you are denied a license after full evaluation (Phase 2), BPSS will send a formal denial letter. This letter will detail each reason for denial, referencing laws or rules as appropriate. You have the option to appeal this decision to the Commissioner of Education within a specified timeframe (the letter will outline appeal procedures). An appeal would involve arguing that BPSS’s determination was incorrect, often a high bar unless a clear error was made. Alternatively, after denial, you can correct the shortcomings and try again with a new application (there is no mandatory wait period by law, but you will be starting from scratch and should genuinely fix problems or the outcome will repeat).

Fortunately, if you’ve made it through the iterative BPSS process, outright denial at final stage is uncommon – most schools that persist to Evaluation Round 3 and address feedback do get approved.

Upon licensure, you become subject to all BPSS rules for operation. You will be listed in the BPSS School Directory as a licensed private career school. You can now legally advertise as a “Licensed” school in New York. Keep in mind that a BPSS license is not an endorsement of quality by NYSED; it’s a confirmation you meet minimum standards. Don’t advertise your school as “recommended” or “approved by NYSED” in a promotional way beyond simply stating it’s licensed, as exaggeration can be viewed as misleading advertising.

Your license allows you to collect tuition from students and to hold classes. However, there are ongoing obligations from day one: maintaining proper student records, complying with refund rules, etc., which we cover under continuous compliance.

Finally, note that the license is not transferable. It is issued to your specific school entity and owners. If down the road you sell the school or a new investor takes over more than 10% ownership, BPSS must approve that (indeed, more than 25% change triggers a new application). So treat the license certificate as you would a personal professional license – it’s a privilege that belongs to you (the current owner) and needs care to remain valid.

Continuous Compliance

Once your proprietary school is open and operating, you must continuously adhere to New York’s education laws and BPSS regulations to keep your license in good standing. Here are key compliance areas and restrictions to keep top-of-mind:

• Operating Within Approved Scope: You are only allowed to offer the programs and courses that BPSS has approved and are listed on your license. If you wish to add a new program, you must submit a curriculum application to BPSS before starting that program. The new program needs to be reviewed and approved (and you’ll pay the curriculum fee for it). The same goes for adding a new course or a different variation of an existing program – get approval first. Likewise, you cannot suddenly extend your program or change its content significantly without BPSS consent. Any substantial curriculum modifications should be run by BPSS (usually done during renewal or via an amendment process).
  
  
• No Unapproved Locations: Your license is tied to the physical site(s) listed. You cannot hold classes at a new address or open a branch campus without BPSS approval. If you plan to move the school to a new facility or add an additional training site, you must apply for an amendment to the license (or a new license for a branch) in advance. BPSS will evaluate the new quarters similar to the original process (though perhaps streamlined if it’s an expansion of a good-standing school). Running classes in an unlicensed location could result in disciplinary action.
  
  
• Changes in Ownership or Management: As noted, the license is not automatically transferable. If you intend to sell the school or if there’s a change in who owns more than 10% of the school’s equity, you must notify BPSS. A change of 25% or more ownership is considered a transfer of the license and requires a new license application by the new owners (Education Law §5001(7) outlines this). Practically, if you bring on a new partner who buys 30% of your school, BPSS must approve and will treat it almost like licensing a new owner (background checks, financial review, etc.). Failing to get approval for ownership change can lead to license revocation. Also, if you change your Director, you must ensure the new Director is qualified and obtains a BPSS director license. Keep the BPSS informed of any key leadership changes.
  
  
• Teacher and Agent Licensing: Continuously ensure that every instructor has a valid BPSS teacher license in the subject they teach. Teacher licenses must be renewed (typically every 4 years). Similarly, any agent (outside recruiter) needs a current permit (renewed every year). Operating with unlicensed teaching staff or agents is a violation. As the school director or owner, check the expiration dates of all staff licenses and remind staff to renew on time (BPSS might send reminders, but ultimately it’s the school’s responsibility not to let them lapse). If you hire new instructors, get their license applications in to BPSS well before they step into the classroom.
  
  
• Record Keeping and Reports: You are required to maintain student records, including enrollment agreements, attendance records, grades/progress reports, and financial ledgers for tuition payments. New York regulations often require that attendance is taken every class session for clock-hour programs. Keep these records organized because BPSS inspectors can request them. Each year, you’ll need to submit an Annual Statistical Report to BPSS (listing enrollments, completions, and job placements for each program) and possibly an annual financial statement. Education Law §5001(4)(a) mandates schools to file annual financial statements (many times an audited financial statement is required, especially if you have a certain level of revenue or if you participate in financial aid programs). These reports, along with the yearly Tuition Assessment Fee payment (the percentage of tuition, quarterly payments as outlined by law), are crucial. Missing a report or payment can jeopardize your license renewal.
  
  
• Student Protection Policies: Continue to enforce the student protection provisions in your catalog. For example, if a student withdraws, you must calculate their refund according to the state-mandated schedule and issue it timely. BPSS often checks refund handling during inspections. Make sure your refunds are prompt (law requires within 45 days of withdrawal, in many cases). Also, maintain the complaint log – if a student files a complaint with you, you should log it and the resolution. Students also have the right to complain to BPSS; if BPSS receives complaints, you’ll be required to respond to the Bureau about them. Avoid any deceptive or misleading advertising. If you advertise job placement rates or starting salaries, you must have data to substantiate them. BPSS monitors advertising and can discipline schools for false claims.
  
  
• Inspections and Audits: After licensing, BPSS will periodically inspect schools. You might get an unannounced visit by a BPSS investigator, or a scheduled audit. During these, they will check compliance: are classes being taught as scheduled, are instructors present and following the curriculum, are facilities clean and safe, etc. They’ll review student files to ensure paperwork (enrollment agreement, high school diploma, etc.) is in order. They may interview students to ensure they’re receiving what was promised. To remain in compliance, operate as if BPSS could walk in any day (in fact, they can). Keep your premises and records inspection-ready. If any violations are found, BPSS can issue corrective action requirements or even fines.
  
  
• Advertising and Name Use: If you want to use a new DBA name or advertise under a different name than your licensed name, you must get BPSS approval. All names used publicly must be on record. Also, if you plan to use phrases like “College” or “University” – note that you cannot; those terms are reserved for degree institutions in NY. Proprietary schools usually use terms like “Institute”, “School”, or “Academy”. Don’t inadvertently misrepresent yourself as a college. Use the term “Licensed by the New York State Education Department” in your school’s footer or catalog as required, but you can’t use the NYSED or BPSS logo in your marketing.
  
  
• Financial Responsibility: Continue to ensure you’re financially stable. Each year when you renew, BPSS will look at your financials. If the school shows signs of financial distress (for instance, not paying refunds, or liabilities far exceeding assets), BPSS can put the school on probation or require intervention. As part of compliance, you might consider maintaining some form of insurance or surety to protect prepaid tuition (some states require a bond; NY uses the Tuition Reimbursement Fund model – which covers students collectively, funded by your assessments). Regardless, prudent financial management is part of compliance: pay your staff on time, don’t commingle school funds with other businesses, and avoid sudden closure scenarios. If a serious financial problem arises, inform BPSS early and work on a solution; they are more likely to work with you if you’re transparent rather than letting students be harmed.
  
  

In summary, compliance is an ongoing effort. New York’s BPSS will support schools that follow the rules, but they also have enforcement powers. Penalties for non-compliance range from fines and late fees (e.g., if you renew late, there can be monetary penalties) to suspension or revocation of the license for serious breaches. The best strategy is to integrate compliance into your school culture: train your staff on BPSS rules, do internal audits, and keep up with any regulatory changes (BPSS sends out Cutting Edge News updates). If you stay proactive, your school can thrive under the license with minimal issues.

Renewal

Your private career school license will need to be renewed every two years to remain valid. The renewal process is crucial to continue operating without interruption. Here’s how it works:

Timing: You must submit a renewal application at least 120 days (4 months) before your license expires. For example, if your license expires on June 30, you should file for renewal by March 1. BPSS typically sends a reminder, but do not rely solely on that – mark your calendar. Filing early is allowed (you can usually start the renewal process 6 months before expiration). If you miss the deadline, you risk the license expiring, which legally would force you to cease enrolling new students until it’s resolved. Also, per regulations, if you file late, BPSS may charge late fees (which can be significant, often $100 for each day past expiration if you operate without renewal, so avoid this at all costs).

Renewal Application Contents: The renewal is somewhat like a mini-version of the initial application, focusing on updates and ongoing compliance. You will update your school’s information and provide:

• Renewal Application Form: BPSS will have a specific form (often done via the online system now) where you confirm the school’s current name, address, programs, and ownership. If anything changed (with BPSS approval during the period), you note it.
  
  
• Certified Statistical Reports: You must submit data on your school’s performance since the last license. This usually includes the number of students who enrolled, graduated, and (if applicable) obtained jobs in the field (placement data) for each program. The owner or director certifies these stats are accurate. BPSS uses this to gauge your outcomes.
  
  
• Financial Statements: As required by law, an audited financial statement may need to accompany your renewal. Specifically, larger schools (gross tuition over a certain threshold, typically $500k) must submit an independent CPA audit. Smaller schools might submit a reviewed or compiled statement or, if very small (gross tuition under $50k), possibly just an internal statement – but BPSS has clear rules on this. Check current requirements well before renewal so you can have an audit done in time if needed (many schools have their fiscal year end and then get an audit for BPSS). The financial statement should show the school is solvent and managing funds properly, including that any owed refunds are paid (the audit must often include a schedule of tuition refunds due/owing and it should be zero or very minimal).
  
  
• Updated School Catalog and Enrollment Agreement: You should include your latest catalog and any other student contract forms, even if unchanged, to ensure BPSS has current versions on file. If regulations changed in the interim (for example, a new disclosure is required by law), you must update your catalog accordingly for renewal.
  
  
• List of Current Personnel: Provide an updated list of directors, instructors, and agents, including their license numbers and expiration dates. This demonstrates you are operating with properly licensed staff.
  
  
• Surety/Financial Security (if required): While NY doesn’t mandate a blanket surety bond, BPSS might require certain schools on probation or with financial concerns to post a surety as a condition of renewal. If that applies, you’d include proof of renewal of that bond/letter of credit.
  
  
• Renewal Fee: Include payment of the renewal fee. In New York, the renewal “fee” is actually part of that annual assessment based on gross tuition. Essentially, you will pay any outstanding balance of your two years’ worth of assessments at renewal. The schedule from Education Law §5001(4)(g) is used: for example, if your average annual gross tuition was $300,000, your fee might be $500 (as per the sliding scale) for each year, so $1,000 total at renewal. However, often BPSS invoices quarterly, so you may just need to be current on those payments. Double-check how BPSS handles it – in some cases, they might have a flat renewal processing fee plus the assessments. They will tell you the amount due.
  
  

BPSS Renewal Review: Once your renewal package is submitted, BPSS reviews your school’s performance and compliance record. They look at: Did you have any major complaints or violations in the last two years? How are your student outcomes – are students graduating and (if vocational in nature) getting jobs? Is your financial condition stable? Usually, if everything has been running smoothly, renewal is straightforward. BPSS may reach out with questions or require you to fix something (e.g., “Update your catalog to include the new policy on sexual harassment training” or “Your financial statement shows unpaid refunds – resolve this before renewal.”). If you have had compliance issues, BPSS might conduct a site visit or audit as part of renewal to be sure problems are corrected. In serious cases, they could decide to deny renewal. Denial of renewal is effectively like revoking your license once it expires. This can happen if a school has persistent violations, very low outcomes without improvement, or lied on renewal documents. You would be given reasons and usually a chance to appeal or have a hearing in such a case (consistent with Education Law §§5003 and 5004 procedures). Our aim is to avoid that by staying in good standing.

As long as BPSS is satisfied, they will issue a renewed license for another two-year term. The renewal certificate may have a new license number or just new dates. Continue operations without interruption. Always post the current license – remove any expired certificate from display.

Interim Changes: Remember to report changes when they happen, not just at renewal. For example, if you changed location or added a program mid-cycle with BPSS approval, that’s already handled. Renewal isn’t the time to surprise BPSS with an unapproved change. If you do, that’s a red flag and can jeopardize renewal.

Cycle: This two-year cycle repeats for as long as you operate. There’s no limit on how many renewals you can get, as long as you continue to meet requirements. New York does not have an expiration on how long a school can be licensed (unlike degree schools with provisional periods). So renewals are indefinite.

Plan Ahead: Initiate renewal preparations 6 months before expiration. That gives you time to get an audit done, update catalogs, and compile stats. If you foresee any difficulties (say, your job placement rates took a dip due to economic conditions), be ready to explain plans for improvement. BPSS likes to see schools self-identify issues and work on them, which builds confidence for renewal.

In summary, license renewal is your regular check-up. Treat it seriously, keep your documentation robust, and it should be a smooth process ensuring your school’s doors stay open.

Checklist of Required Items

When applying for a New York Private Career School License, prepare the following documentation and materials (many of which will be uploaded via the BPSS online application). Use this checklist to ensure nothing is overlooked:

• Business Formation Documents: Proof of the legal entity of the school. For a corporation or LLC, include your Certificate of Incorporation or Articles of Organization, and any DBA (Doing-Business-As) certificates if operating under a trade name. Out-of-state corporations should include authority to do business in NY. Also list all owners/stockholders with percentages.
  
  
• Owner and Director Background Info: Completed Personal Background Disclosure forms (as required by BPSS) for each owner, partner, and the designated school Director. This includes statements regarding any criminal convictions, prior school ownership, bankruptcies, etc. Attach any required explanations or court documents if there were past issues (e.g., discharge papers for a bankruptcy).
  
  
• School Director Application: The individual who will serve as Director/Chief Administrator must fill out a BPSS Director License Application form. Include the Director’s resume, evidence of education (like copies of degrees), and any professional licenses. If the Director has already been approved by BPSS at another school, note that.
  
  
• Instructor (Teacher) Applications: For each instructor you plan to employ, submit a BPSS Teacher License Application. Each should have the instructor’s qualifications (resume, certifications, degrees, relevant work experience). If an instructor will teach multiple subjects, ensure they qualify for each. If you haven’t hired all instructors yet, at least have a core set to submit; for any vacancies, describe your hiring plan and required qualifications for those positions.
  
  
• Agent Applications (if needed): If you will have agents who recruit students off-site, each needs to apply for a BPSS Private School Agent certificate. Include those applications or note that you will not use any agents initially (and will only do so after getting them licensed).
  
  
• Proposed School Catalog: This is one of the most important documents. It should be written in clear language and must include: school name, address, mission statement, program descriptions (with objectives, length, courses, tuition for each program), admissions requirements, academic calendar (start dates of classes, holidays), daily class schedule (hours of instruction), grading system, attendance policy (including tardiness, makeup work, leaves of absence if allowed), standards of progress (what is a passing grade, how probation works if any), conduct rules, termination conditions (for academic failure or misconduct), tuition and fee schedule (application fee, tuition, books, supplies, etc.), refund policy (must align with Ed Law refund schedules – include a table or description of how refunds are calculated based on withdrawal date), description of facilities and equipment, employment assistance statement (if you offer help, but with no guarantee of placement), statement that the school is licensed by NYSED, and the student complaint procedure (how to file internal complaints and contact info for BPSS to file external complaints). The catalog often doubles as the student handbook. Make sure it’s comprehensive and compliant.
  
  
• Student Enrollment Agreement (Contract): A blank copy of the contract or agreement a student will sign upon enrolling. This typically reiterates program chosen, total cost, cancellation and refund rights, etc., and must not have any clauses that violate law (for instance, you cannot have a student waive their right to refunds or their right to file a complaint to BPSS). BPSS often has a sample contract format; use it as a guide.
  
  
• Course Curricula and Syllabi: For each program/course, provide a detailed curriculum outline. This should include: the program name, total clock hours (or credit hours if applicable) and duration (weeks/months), a breakdown of modules or courses with hours each, brief descriptions of each module’s content, and the skills/competencies students will learn. Also state the method of instruction (classroom lecture, lab, practical, etc.) and any externship details. If available, include daily or weekly lesson plans and specific learning objectives. Also attach any externship affiliation agreements if you already have partners for internships (e.g., a medical assistant program might partner with clinics for 100-hour externships – show any letters of intent from those clinics).
  
  
• Instructor Credentials: Along with teacher applications, it can help to include copies of any professional licenses or certifications your instructors hold (e.g., a cosmetology teacher’s cosmetology license, an electrician instructor’s master electrician license, a CDL instructor’s driving instructor certification). This proves their qualifications to teach those subjects.
  
  
• Financial Documentation: A projected income and expense statement (budget) for at least the first two years of operation. Show expected student enrollment numbers and the tuition revenue from those, then list all expenses (rent, utilities, instructor salaries, staff wages, insurance, advertising, equipment purchases, etc.) by month or quarter. Also prepare an opening balance sheet showing initial assets (cash in bank, equipment value, etc.) and liabilities (loans, etc.) at the start of the school. If you have an investor or parent company, include a letter or bank statement proving financial support (for example, a bank letter verifying a certain amount of funds is reserved for the school’s launch). New schools might also provide a break-even analysis to show at what point student enrollment will cover costs. If any external funding or loans are being used, provide documentation of approval for those funds.
  
  
• Physical Facilities Documents: A floor plan of the school’s premises, drawn to scale if possible, labeling all rooms (classroom 1, lab, office, etc.) and indicating dimensions. Include capacity of each instructional space (how many students can fit per fire code or comfortably). Attach a copy of the building’s Certificate of Occupancy or similar document indicating the space can be used as a school (if the lease is contingent on licensing, at least provide evidence the space is zoned properly and will have a CO). If you rent, include the Lease Agreement (signed) or a letter from the landlord indicating intent to lease to your school, along with terms. Provide any recent fire inspection or building inspection certificates if available. Also list the equipment and training materials: e.g., number of computers, type of tools/machines, projectors, desks, etc. For specialized equipment, include brochures or specs to show they meet industry standards.
  
  
• Quarters Compliance Statements: You may need to include a statement that the facility conforms to local safety and health regulations (often a self-certification in the app). If the building is older, an Asbestos clearance form might be required (New York has rules about asbestos management in schools – proprietary schools may need to show they are in compliance if applicable).
  
  
• School Staffing Plan: An organization chart or narrative of your staffing. Who will handle admin tasks (registrar, bursar, etc.)? If you as owner will also serve in a role (like Director or instructor), clarify that. This helps BPSS see you have not overlooked any function (admissions, instruction, recordkeeping, etc.).
  
  
• Insurance Information: While not explicitly always required in initial application, it’s wise to have liability insurance for your school. Some BPSS applications ask if you have liability insurance coverage. Provide proof of or plans for insurance (general liability, property insurance, and perhaps student accident insurance if relevant).
  
  
• Other Required Forms: BPSS might have additional forms, such as a Policy Compliance Checklist that you tick off to show you included everything, a School Data Sheet, or an Affirmation of Catalog Accuracy signed by you. Make sure to complete any and all such forms.
  
  
• Fee Payment Confirmation: Finally, ensure the application fee payment is documented. If you paid online, you’ll have a receipt or confirmation number. Save that. If you have to upload a payment form, do so. If paying by check, upload a copy of the check and note when it was mailed.
  
  

Before submitting, review Commissioner’s Regulation Part 126 and cross-check that your materials meet each regulation point. BPSS has a document often called “Summary of Licensing Steps” or application instructions on their site – use it as a final checklist as well. It’s easy to overlook something small that can cause a delay (like forgetting to number the catalog pages or missing a minor policy). A thorough, complete application increases your chance of a quicker approval.

Fees & Timelines

Below is a summary of key fees and expected timelines in the BPSS licensing process for a new vocational/career school in New York:
‍

Notes: Timeline can vary widely depending on the applicant. Many schools take around 6-10 months from start of application to license issuance. The 180-day Phase 1 is a hard limit – failing to complete in that time means starting over. It’s strongly advised to submit a fully prepared application so that you can clear Phase 1 in maybe 90 days or less, leaving plenty of time for Phase 2. In Phase 2, if your responses are prompt, each evaluation round may take ~30-60 days on BPSS’s side; total Phase 2 maybe 3-4 months. So end-to-end, a smooth case might finish in 6 months, whereas a difficult case can easily exceed 12 months. Always factor in extra time for securing external approvals (if needed) or facility readiness, which can delay things.

Fees: All dollar amounts are current statutory fees. The renewal fee scale roughly is: $250 for very small schools (under $200k annual tuition), $500 if tuition $200-499k, $750 if $500-999k, $1,500 if $1-4.9 million, $3,000 if $5-9.9 million, $6,000 if $10+ million. These fees go into the proprietary school supervision fund and the tuition reimbursement fund as required by law. The quarterly assessment mentioned is part of that mechanism – effectively your renewal fee may be paid in installments quarterly. BPSS will instruct on exact amounts.

Remember that none of these fees are refundable, even if you withdraw or are denied. Budget accordingly. If you need to reapply, you’ll pay again. For planning: besides fees to NYSED, consider other costs like insurance, initial lease, build-out, etc., which can be significant during this licensing period where you have no tuition income yet.

Contacting BPSS: Throughout the process, if you need clarification, BPSS staff can be reached at their Albany or NYC office (contact info below). While they cannot consult on how to run your school, they can answer process questions. Use the official channels rather than personal emails, so your inquiries are logged.

State Exemptions

New York law exempts certain institutions and programs from the private postsecondary licensing requirements. The following categories are NOT required to obtain a BPSS license in New York (per Education Law §5001(2) and related provisions):

1. Degree-Granting Institutions – Schools that are authorized to confer degrees in New York (i.e., colleges and universities with a charter or statutory degree authority) are exempt from BPSS licensing. (Such institutions are overseen by the Board of Regents/NYSED under separate higher education rules. This exemption means if you are a degree-granting college, you don’t also need a BPSS career school license for your programs.)
   
   
2. Primary & Secondary Schools – Elementary and secondary schools providing K-12 education, including kindergartens and high schools (public or private), are exempt, as long as they are not operated for profit as adult education centers. (Note: A for-profit school exclusively offering GED prep or ESL to adults does not count as a K-12 school and would need a license unless another exemption applies. But a standard private high school or a nonprofit language course in K-12 setting is exempt.)
   
   
3. Schools Operated by Government Agencies – Any school owned and operated by a government entity (federal, state, or local) does not require a BPSS license. (For example, a state-run vocational rehabilitation training center or a NY Department of Labor training program is exempt.)
   
   
4. Training for Students with Disabilities – Schools that exclusively train individuals with disabilities (as defined in Education Law §4401) are exempt. (If the entire student population consists of persons with disabilities and the training is tailored for them, the school might not need a BPSS license.)
   
   
5. In-House Corporate Training (No Tuition) – Not-for-profit training programs provided by a business for its own employees are exempt, provided no tuition or fee is charged to the employees. Similarly, training offered by a fraternal or benevolent organization solely for its members (or their immediate family) at no charge is exempt. (Essentially, internal training departments do not have to be licensed, as long as the training isn’t sold to the public.)
   
   
6. Recreational or Avocational Schools – Schools offering instruction only in subjects pursued for recreation, personal enrichment, or leisure are exempt. This includes programs teaching religion, fine arts, music, painting, drawing, sculpture, poetry, drama, dance, languages for personal interest, athletics, or hobbies. (The key is these courses are not primarily for job or career purposes. For example, a painting studio class or a yoga class studio can operate without BPSS license, as can religious education programs, so long as they truly aren’t vocational training.) Exception: If a for-profit school offers ESL or high school equivalency exam prep to out-of-school adults, it is not exempt under the K-12 clause – those require licensing despite being academic in nature because they cater to adult education for life improvement.
   
   
7. Schools Regulated by Other State Agencies or Laws – If another New York State agency already licenses or approves a school’s operation, that school is exempt from BPSS. (For example, cosmetology schools are licensed by the NYS Dept. of State, driver training schools by the Dept. of Motor Vehicles, flight schools by the FAA, nursing assistant programs by the Dept. of Health, etc. If your school solely falls under another authority, you don’t need BPSS on top of it.) Additionally, certain Registered Business Schools (teaching primarily business and office subjects) fall under a registration status instead of licensure, as delineated in the law.
   
   
8. Commissioner’s Discretionary Exemption – The NYS Commissioner of Education has the authority to exempt other schools by regulation at his/her discretion. (This is a catch-all that allows the State Education Department to exempt schools that don’t neatly fit the above but clearly shouldn’t require BPSS oversight. One example in regulation includes some short-term seminar providers or certain online offerings, see below.)
   
   
9. Employer-Sponsored Training Programs – Any training program provided to employees of a private business, at that business’s request, where the employee does not pay tuition is exempt. (This often covers scenarios where an employer contracts an outside training company to upskill its employees – since the employer is paying and it’s not open to the public, BPSS licensure is not required.) The school or trainer should disclose that it’s exempt in its materials to avoid confusion.
   
   
10. Purely Online/Out-of-State Distance Education – While not explicitly listed in the statute, BPSS does not generally regulate institutions with no physical presence in New York that offer purely online training to New Yorkers. Also, recent amendments have exempted certain online courses from BPSS if they meet particular criteria (like being part of a registered business school or out-of-state college program). However, caution: if you are an online school advertising specifically in NY and targeting NY consumers with vocational promises, confirm with BPSS if an exemption applies, because consumer protection might still extend to you.
    
    

If you believe your school or program falls under an exemption, it’s advisable to request confirmation in writing from BPSS/NYSED. Operating under an assumed exemption without clear documentation can be risky – you want to be sure the state agrees that you’re exempt. Often, the first step of the licensing process is to determine exemption: you might send BPSS a letter describing your activities and they will reply whether a license is needed or not. Keep that letter on file.

Remember, even exempt schools must abide by general consumer protection laws (no fraud, etc.), and being exempt from licensing doesn’t mean NYSED endorses the program – it just means you are outside this specific regulatory scope. If your status changes (e.g., you start charging tuition for something that was free, or expand your course offerings to vocational topics), re-evaluate whether you still qualify for exemption.