Current through Register Vol. 46, No. 12, March 20, 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.