New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.10 - School license; licensing procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every applicant shall submit an application for licensure of a private career school upon forms provided by the commissioner, together with such other information as the commissioner may require, including applications for approval of curricula or courses of study, quarters or facilities, required personnel licenses, and documentation of ownership and adequacy of resources. The application shall be accompanied by the statutory fee. In accordance with section 5001 (4)  of the Education Law, the applicant shall receive a written approval or denial, together with the reasons for a denial of such application.
(b) An application for renewal of any license shall be submitted at least 120 days prior to the expiration date of the current authorization, on a form prescribed by the commissioner and accompanied by the statutory fee; annual financial reports on forms prescribed by the commissioner; and such other information as the commissioner may require. When complete and timely application for renewal of any license has been made, the school shall receive a written approval or denial, together with the reasons for denial of renewal, from the commissioner no less than 30 days prior to the date such license expires. Upon receiving a written denial, a school shall not enroll new students for the remainder of the term of the existing license.
(c) Pursuant to section 5001 (7)  of the Education Law, no license granted under this Part shall be transferable or assignable without the approval of the commissioner. Upon transfer or assignment of any interest totaling 25 percent or more, whether direct or indirect, in the total equity or assets of a school shall be deemed a new school required to submit a new school application and obtain a new license pursuant to the requirements of this Part. However, upon such a substantial change in interest, the previous school license shall remain in effect until the new license is issued or denied or the previous license expires or is revoked, whichever comes first.
(d) Each school shall display, near the entrance to the school the license which has been issued to it. Such authorization shall be displayed only during the period of its validity.
(e) A school shall be subject to an annual assessment based on the school's gross tuition from the previous year, in accordance with the requirements of sections 5001 (9) and 5007 (10)  of the Education Law. For a school in operation in the year prior to the issuance of its license, such assessment shall begin in its initial year of licensure, based on the school's gross tuition from such previous year, in accordance with the requirements of sections 5001 (9) and 5007 (10)  of the Education Law.
(f) Repealed
(g) Schools conducted for profit which provide instruction in English as a second language or preparation for the high school equivalency examinations to out-of-school youth or adults which are required to be licensed under section 5001  of the Education Law, pursuant to chapter 887 of the Laws of 1990, shall comply with the provisions of this Part, article 101 of the Education Law and all other applicable laws and regulations, in a time frame established by the commissioner. Such schools in operation prior to September 1, 1990 may be granted a variance from any provision of this Part relating to an initial or renewal application for licensure, if in the judgment of the commissioner, the educational quality of the program or financial viability of the school will not be impaired.
(h) Alternate licensing procedures for correspondence, internet or home study schools. Pursuant to section 5001 (4)(f)  of the Education Law, correspondence, internet or home study schools in which all approved programs and courses are under 300 hours shall be subject to all of the requirements of article 101 of Education Law and this Part, except that they shall be exempt from the following provisions:
(1) paragraphs (8) and (9) of subdivision (f) of this section relating to the reporting of financial assistance and placement information;
(2) section 5002 (1)(c)(1)  of the Education Law relating to the passing of an entrance examination, provided that the commissioner determines that such action will not impair a student's ability to successfully complete the program;
(3) section 5002 (1)(c)(2)  of the Education Law relating to the required counseling plan for schools admitting students who do not possess a high school diploma or its equivalent, provided that the commissioner determines that such action will not impair a student's ability to successfully complete the program;
(4) section 126.4(a)  of this Part relating to student-to-teacher ratio;
(5) section 126.4(e)  of this Part relating to attendance requirements;
(6) section 126.5  of this Part relating to equipment and housing;
(7) section 126.7  relating to enrollment agreements with the exception of section 126.7(c)  relating to refund policies for correspondence schools;
(8) section 126.9(a)(13)  of this Part relating to financial information in a school's catalog;
(9) placement data as required in section 126.9(a)(14)  of this Part for a school's catalog;
(10) section 126.9(a)(10)  of this Part relating to facilities and equipment information in a school's catalog;
(11) section 5005 (a)(7)  of the Education Law relating to a description of facilities and equipment in the student disclosure material; and
(12) section 5005 (c)  of the Education Law relating to a description of financial information in the student's disclosure material.