Current through Register Vol. 46, No. 52, December 24, 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.
(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.
(i) Alternate
licensing procedures for schools exempt from licensure pursuant to subdivision
(2) of section
5001 of the
Education Law which elect to be licensed.
(1)
Exempt schools operated, licensed, regulated, approved by or contracting with a
governmental agency or authority, which elect to be licensed.
(i) Exempt schools operated, licensed,
regulated, approved by or contracting with a governmental agency or authority,
which elect to be licensed, shall meet all of the requirements of article 101
of the Education Law and this Part, except that such schools may meet the
requirement for a certificate of occupancy by meeting the requirement in
paragraph (3) of this subdivision and except that such school shall be subject
to an alternate requirement established by the governmental agency or
authority, provided that the commissioner determines that such requirement is
equivalent to a requirement established in one or more of the following
provisions:
(a) subdivisions (4) and (5) of
section
5002 of the
Education Law and section
126.4(a)-(d) and
(f)-(g) of this Part relating to curriculum
approval and reapproval;
(b)
subdivision (6) of section
5002 of the
Education Law and section
126.6 of this Part relating to
teacher and director licensing;
(c)
section
5004 of the
Education Law and section
126.12 of this Part relating to
school agents, for only those schools which enroll students solely on the basis
of a contract with an organization or business, which do not solicit enrollment
through communication aimed at the prospective student, and where there is no
tuition liability to the student;
(d) section
126.4(e)(2) of
this Part relating to academic standards of progress; and
(e) section
126.11 of this Part relating to
school and student records.
(ii) The commissioner shall consult with the
governmental agency or authority which operates, licenses, regulates, approves
or contracts with such a school before implementing the provisions of section
5003
(6) of the Education Law relating to civil
penalties and administrative action against such school.
(2) Other exempt schools which elect to be
licensed. All exempt schools which elect to be licensed, with the exception of
those specified in paragraph (1) of this subdivision, shall meet all of the
requirements of article 101 of the Education Law and this Part, except that
such schools may meet the requirement for a certificate of occupancy by meeting
the requirement in paragraph (3) of this subdivision.
(3) For any exempt school which elects to be
licensed pursuant to article 101 of the Education Law and this Part and is in
existence prior to such licensure, a certificate of occupancy which was in
effect at the time of application for licensure shall be acceptable to the
commissioner, provided that the governmental authority issuing such certificate
of occupancy has determined that the certificate of occupancy is valid as of
that date.
(j) Alternate
licensing requirements for nonpublicly funded ESL schools.
(1) General provisions.
(i) Nonpublicly funded ESL schools shall be
exempt from the requirements of this Part and Article 101 of the Education Law,
except as provided in this subdivision and sections
126.1,
126.8,
126.18,
126.19 and subdivision (c) of
section 126.11 of this Part, paragraphs (b)
and (c) of subdivision (1) of section
5001 of the
Education Law, and subdivision (3) of section
5004 of the
Education Law.
(ii) Schools that
meet the requirements of this subdivision shall receive initial certification
for a two-year period and renewal certification for a four-year period and
shall be listed in the New York State English as a Second Language School
Registry.
(iii) Schools shall be
subject to unscheduled visits by the commissioner or the commissioner's
designee to ensure the school's compliance with the requirements of this
subdivision.
(iv) Upon request by
the department, schools shall provide any and all records necessary to review
compliance with the requirements of this subdivision.
(v) The payment of all fees and assessments
required by this subdivision shall be considered a condition of
certification.
(vi) The definitions
in section 126.1 of this Part shall be
applicable to such schools.
(2) Application procedures.
(i) Initial certification.
(a) Every applicant and renewal applicant
shall apply for certification on an application form prescribed by the
commissioner and shall submit with such application a nonrefundable and
nontransferable $5,000 certificate fee of which $3,000 shall accrue to the
credit of the proprietary vocational school supervision account and $2,000
shall accrue to the tuition reimbursement account. For additional locations of
currently certified operating schools, the application fee shall be $2,500
which shall accrue to the credit of the proprietary vocational school
supervision account.
(b) Schools
shall submit the following information with a completed application for initial
certification:
(1) sample enrollment
agreements, which meet the requirements in paragraph (6) of this subdivision,
used for each English as a second language curriculum offered by the
school;
(2) a complete description
of the content of all English as a second language curricula offered by the
school in a form prescribed by the commissioner;
(3) a description of refund policies which
pertain to English as a second language curricula in the event a student fails
to enter, withdraws or is discontinued from instruction;
(4) educational and administrative policies
and procedures that are provided students in English as a second language
curricula upon enrollment;
(5)
disclosures required to be made to students, pursuant to paragraph (5) of this
subdivision;
(6) evidence,
satisfactory to the commissioner, that the school meets the requirements
relating to personnel in paragraph (3) of this subdivision;
(7) evidence, satisfactory to the
commissioner, that the school meets the requirements relating to facilities and
equipment in paragraph (4) of this subdivision; and
(8) financial documentation as required by
paragraph (1) of subdivision (e) of section
126.8 of this Part.
(ii) Renewal of
certification.
(a) Schools shall apply for
renewal of certification at least 120 days prior to the expiration of the
current certificate on an application form prescribed by the commissioner and
shall submit with such an application a nonrefundable and nontransferable fee
in accordance with the provisions of section
5001
(4)(b) of the Education Law.
(b) Schools shall submit financial
documentation as required by paragraph (2) of subdivision (e) of section
126.8 of this Part with their
renewal applications.
(iii) A school shall submit to the
commissioner any changes in the information, policy or programs which it has
submitted in support of an application for initial certification or an
application for renewal of certification 14 days prior to the date on which
such changes take effect.
(3) Personnel.
(i) Director.
(a) Each school shall employ a director who
shall meet the requirements in section
126.6(d)(1)(i), (2) and
(3) of this Part and this
subparagraph.
(b) Directors'
permits or licenses, issued on or after May 25, 2000, shall be renewable and
valid only for the school for which they are issued. No individual may be
employed as a director at more than one school without the approval of the
commissioner. An ESL school director's license, issued on or after May 25,
2000, shall be valid for the same period for which the school is licensed or
registered.
(c) Individuals shall
apply for a director's license, or renewal thereof, on an application form
prescribed by the commissioner. Such application form shall be submitted to the
commissioner with a nonrefundable and nontransferable application fee of $100.
A school director's license renewal application shall be submitted with the
renewal application of the employing school.
(d) Any permanent director's license, issued
prior to May 25, 2000, shall continue to be deemed approved without renewal
until such time as the director leaves the school and location for which the
license is valid.
(ii)
Private school agent.
(a) Each school shall
employ at least one private school agent who meets the requirements in this
subparagraph.
(b) Each agent shall
produce his or her agent certificate upon the request of the commissioner, the
commissioner's designee, or any prospective student.
(c) A school shall submit an application for
licensure for an agent on or before the first day of employment of such
individual, in accordance with the requirements of section
126.12(a) of this
Part.
(d) A school or its private
school agent, as applicable, shall meet the requirements in section
126.12(b)-(e) of
this Part.
(e) A private school
agent meeting the requirements of this paragraph shall take responsibility for
enrolling each student enrolled in an English as a second language
curriculum.
(iii)
Teachers.
(a) Teachers providing instruction
in English as a second language programs at a nonpublicly funded ESL school
shall have been awarded a baccalaureate or equivalent degree from an
institution licensed or recognized by the department; and have successfully
completed either an English as a second language training program recognized by
the department or one year of teaching experience in an English as a second
language program.
(b) Upon a
finding by the commissioner that the applicant possesses sufficiently unique
and exceptional training and/or experience that are substantially the
equivalent of the requirements set forth in clause (a) of this subparagraph, a
variance may be granted from such requirements.
(4) Facilities and equipment. The buildings,
rooms or space in which staff and students are housed for any purpose while
attending school, and all facilities and equipment therein, shall meet the
applicable standards of local fire, health and building authorities.
(5) Disclosure to students. For all students
enrolled in English as a second language curricula, schools shall provide the
following information to students in a format prescribed by the commissioner
prior to the execution of the enrollment agreement with them:
(i) a description of the status of the school
as a nonpublicly funded English as a second language school certified by the
New York State Education Department as meeting alternative licensing
requirements and not subject to all of the licensing standards and requirements
in article 101 of the Education Law and this Part which are applicable to
licensed private career schools;
(ii) a description of the complaint
procedures established pursuant to Education Law, section 5003(1)(c);
and
(iii) a description of the
process for obtaining a refund from the tuition reimbursement fund.
(6) Enrollment agreement.
(i) An enrollment agreement shall be
completed for all students enrolled in English as a second language curricula.
Such an enrollment agreement shall meet the requirements in section
126.7(a) of this
Part.
(ii) The enrollment agreement
shall be printed in no less than 10-point type, shall contain no advertising or
extraneous material and shall set forth briefly and clearly the following:
(a) the name of the school;
(b) the title of the curriculum, course or
courses for which the student is contracting;
(c) the length of the curriculum, course or
courses in instructional hours;
(d)
the name and address of the student;
(e) the full contract price for instruction,
including all fees, tuition, and costs of textbooks, materials, and
equipment;
(f) the method of
payment;
(g) such reasonable rules,
regulations and conditions as the school may desire to set forth in the
agreement;
(h) a separately signed
acknowledgment by the student that he or she has received disclosure material,
as required by paragraph (5) of this subdivision;
(i) the refund the school will make in the
event a student fails to enter, withdraws or is discontinued from instruction
which is consistent with the refund policy submitted to the department,
pursuant to the requirement in subclause (2)(i)(b)(3) of this subdivision;
and
(j) the name and certificate
number of the school agent responsible for enrolling the student.
(7) Advertising. A
school shall meet the requirements of section
126.3 of this Part and shall be
subject to section
5002
(7) of the Education Law.
(8) Records. Records and files of a school
pertaining to English as a second language curricula shall be maintained for
three years at the location of the school or other principal place of business
in New York State, unless specific disposition is authorized by the
commissioner, and shall include:
(i) copies
of all advertising, bulletins and other promotional materials;
(ii) the attendance register for each class,
laboratory or session;
(iii)
records of instructional staff showing qualifications and teaching
schedules;
(iv) a completed copy of
the student enrollment agreement contract signed by both an authorized agent of
the school and the student prior to the time instruction begins;
(v) records of all tuition and fees owed and
paid by the student; and
(vi) date
of student completion or discontinuance.
(9) Teachout plans. A school may submit a
teachout plan for English as a second language curricula to the commissioner
for approval, subject to the requirements of section
5006 of the
Education Law and section
126.16 of this Part.
(10) Disciplinary actions and penalties.
Section
5003 of the
Education Law shall be applicable to nonpublicly funded ESL schools, except
that subparagraph (2) of paragraph (b) of subdivision (1) of such section shall
not be applicable and in lieu of that requirement good cause shall include
violation of any provision of this subdivision, including requirements of this
Part and article 101 of the Education Law made applicable by this subdivision.
Section 126.14 of this Part shall be
applicable.
(11) Supervision
account and tuition reimbursement account assessments.
(i) The commissioner shall annually assess
each school an assessment equal to five-tenths of one percent of its gross
tuition, as determined by the annual financial statements submitted in
accordance with paragraph (3) of subdivision (e) of section
126.8 of this Part, of which
three-tenths of one percent shall accrue to the benefit of the proprietary
vocational school supervision account.
(ii) The commissioner shall also assess each
school additional assessments as applicable under subdivision (10) of section
5007 of the
Education Law.
(iii) For ESL
schools in operation in the year prior to the issuance of their certification,
such annual assessments prescribed in this paragraph shall begin in their
initial year of certification, based on the schools' gross tuition from such
previous year. For new ESL schools, the commissioner shall base the assessments
prescribed in this paragraph on the annualized gross tuition of the school
computed by the department from financial reports from the school as required
by the department, and the assessments shall be prorated based upon the number
of quarters that the school has operated in the assessment year.
(iv) The assessments prescribed in
subparagraphs (i) and (ii) of this paragraph shall be based upon each school's
gross tuition from the previous year, and shall be payable in equal
installments which shall be due on June 1st, September 1st, December 1st and
March 1st.
(12) Tuition
reimbursement account.
(i) For all English as
a second language curricula, schools shall comply with subdivisions (1) through
(8) of section
5007 of the
Education Law, except that paragraph (a) of subdivision (3) and paragraph (b)
of subdivision (4) of such section shall not be applicable. Subparagraph (3) of
paragraph (b) of subdivision (3) of such section shall not be applicable and in
lieu of that requirement claimants shall be required to show that the school
has failed to make the refund within the time period required by school
policy.
(ii) A student enrolled in
an English as a second language curriculum in a school which has not closed or
ceased operation, and who has not dropped out, is entitled to a full refund,
provided that:
(a) the student has submitted
a complaint form to the commissioner; and
(b) the commissioner has determined that the
school has committed one or more of the following violations:
(1) operating a school with a registry
certificate which has been suspended, revoked or not renewed;
(2) using false, misleading, deceptive or
fraudulent advertising;
(3) having
no licensed private agent responsible for enrolling the student;
(4) using fraudulent or improper claims by a
licensed agent or school representative to enroll the student;
(5) misrepresenting the school or failing to
comply with the requirements of paragraph (2) of this subdivision;
(6) dismissing or terminating a student for
other than just cause; or
(7)
committing any additional violation for which the commissioner demonstrates
that the student would not have enrolled in the curriculum but for the
commission of that violation.
(k) Alternate licensing
requirements for non-profit licensed careers schools that are exempt from
taxation and whose programs are funded exclusively through donations. Pursuant
to Education Law § 5001(4)(f)(3), non-profit licensed career schools that
are exempt from taxation under section
501(c)(3) of the Internal
Revenue Code and whose pro grams, including registration fees, the sale of
books, supplies, services, kits, uniforms or equipment are funded entirely
through donations, exclusive of public sources, from individuals or
philanthropic organizations, or endowments, and interest accrued thereon, shall
be subject to all of the requirements of article 101 of Education Law and this
Part, except that:
(1) such schools shall be
exempt from the following requirements of Education Law:
(i) Education § 5002(3), relating to
tuition liability;
(ii) Education
Law § 5001(4)(e)(i), relating to the inclusion in financial statements of
refunds due and owing to past or presently enrolled students;
(iii) Education Law § 5002(2)(b)(5),
relating to the inclusion in any school record of the amount of any refund paid
to any student;
(iv) Education Law
§ 5005(a)(4), relating to disclosure to prospective and enrolled students
of any refund policy;
(v) Education
Law §§ 5005(e) and 5005(f), relating to a tuition reimbursement fund
claim form.
(2) Such
schools shall also be exempt from the following requirements of this Part:
(i) section
126.4(c)(6),
relating to data required to be submitted about tuition and other charges and
method of payment;
(ii) sections
126.7(b)(6) through
(9), relating to the inclusion in enrollment
agreements of any tuition charges or fees or method of payment;
(iii) section
126.7(b)(15),
relating to any refund a school will make under certain prescribed
circumstances;
(iv) section
126.7(d), except
section 126.7(d)(3)
thereof, relating to the inclusion in enrollment agreements of a reasonable
adjustment of tuition and other fees, and any refund policies;
(v) section
126.7(e), relating
to the option to use the refund policy of a nationally recognized accrediting
agency and the use of the refund policy required by federal law;
(vi) section
126.7(g), relating
to when refunds must be paid to students who withdraw, cancel, or are
discontinued;
(vii) section
126.9(a)(8),
relating to the inclusion in the school catalog of a schedule of fees or
charges;
(viii) section
126.9(a)(9),
relating to the inclusion in th e school catalog of school policies and
regulations governing the re fund of any unused portion of tuition, fees and
other charges in certain circumstances;
(ix) section
126.9(a)(13)(i),
relating to state and federal financial aid only, except that any private
grant, scholarship, or other financial assistance offered to students by the
school, which shall not expose the student to any tuition liability, shall be
included in such school's catalog;
(x) section
126.9(a)(13)(ii)(d),
relating to the terms and expected schedules of repayment of any loan received
by the student as a part of the student's financial aid;
(xi) section
126.9(a)(18),
relating to the inclusion in the school catalog of information about tuition
refunds from the Tuition Reimbursement Account (TRA);
(xii) section
126.9(a)(19),
relating to the inclusion in th e school catalog of requirement to include a
weekly tuition liability chart for each program that indicates the amount of
refund due the student in the event of a withdraw; and
(xiii) section
126.11(a)(10),
relating to the maintenance of records of tuition, fees, public loans and
grants, and their disbursement, by a school for seven years.
