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Important Licensing Facts - NYS ED BPSS

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New York State Department of Education
BPSS: Bureau of Proprietary School Supervision
 
From: David Brieff
To: Proprietary School Directors
Date: October 30, 2002
Subject: Important Licensing Facts
Important Licensing Facts - Transmitted by David Brieff When the licensed director is unavailable a temporary designated person must be in charge of the school.
Important Licensing Facts - Transmitted by David Brieff If the director is absent, school staff must be aware that SED staff has the legal access to all school records.
Important Licensing Facts - Transmitted by David Brieff When a sales agent leaves the employment of the school their agent license must be sent back to the Department.
Important Licensing Facts - Transmitted by David Brieff Licensed school sales agents may not hire anyone else to help him or her solicit for students.
Important Licensing Facts - Transmitted by David Brieff Private trade school teachers need not possess an associate degree.
Important Licensing Facts - Transmitted by David Brieff A provisional teaching license is valid for five years. (DS - Opinion is that may be in error; we need to research it).
Important Licensing Facts - Transmitted by David Brieff Sales agent and trade school teacher licenses are linked to the school and address as indicated on the applications and approval.
Important Licensing Facts - Transmitted by David Brieff Business teacher licenses are owned by the individual teacher and may be used to apply to other schools and locations offering the same program.
Important Licensing Facts - Transmitted by David Brieff Sales agents of proprietary schools out of State who solicit in New York must have a valid sales agent license.
Important Licensing Facts - Transmitted by David Brieff Substitute teachers must be licensed (another subject O.K.) and may only provide up to 10% of a course or the total hours in an approved curriculum, however, trade teachers cannot sub for business courses.
Important Licensing Facts - Transmitted by David Brieff Agents who enroll students must be identified on the enrollment agreement.
Important Licensing Facts - Transmitted by David Brieff A school without a licensed sales agent present may not enroll students, thus it is beneficial to have a number of sales agents employed.
Important Licensing Facts - Transmitted by David Brieff The same person may be the director for a trade and business school license offered at the same location by submitting a management plan that requires SED approval.
Important Licensing Facts - Transmitted by David Brieff When Bureau staff approves a catalog it means it contains the required information but not that the programs listed are approved or staff listed are licensed.
Important Licensing Facts - Transmitted by David Brieff All forms of school advertising and promotions must be restricted to facts that can be substantiated.
Important Licensing Facts - Transmitted by David Brieff Schools must give students a copy of the executed enrollment agreement, catalog, and disclosure material upon enrollment. The catalog may be give to prospective enrollees.
Important Licensing Facts - Transmitted by David Brieff Students must request for a leave of absence in writing to the school director to approve and must clearly identify the reason and the date the leave starts and the date of return. A copy goes to the student and another is kept in the student record folder. Only one leave of absence may be granted within a program. Upon return the student must be placed in the appropriate educational level by an assessment examination that becomes part of the student file.
Important Licensing Facts - Transmitted by David Brieff All catalog revision must be submitted to the school associate. It can be helpful to include a copy with highlighted areas of change from the previously approved catalog.
Important Licensing Facts - Transmitted by David Brieff All permanent student records must be maintained for twenty years.
Important Licensing Facts - Transmitted by David Brieff When a school closes the student records must be shipped to the Albany warehouse at the expense of the school owner.
Important Licensing Facts - Transmitted by David Brieff Schools that are regulated by other government agencies are required to comply with each recordkeeping requirement appropriately.
Important Licensing Facts - Transmitted by David Brieff Schools may only refer to the State Education Department in advertising in that they are licensed or registered by SED.
Important Licensing Facts - Transmitted by David Brieff There is no such thing as an oral agreement with any SED staff.
Important Licensing Facts - Transmitted by David Brieff School attendance records must clearly indicate A for absence and P for present. Lateness and make up time and work must be clearly logged and the licensed teacher must initial the attendance daily.
Important Licensing Facts - Transmitted by David Brieff The school director must create a school standardized system of grade collecting methods utilized by all the teachers.
Important Licensing Facts - Transmitted by David Brieff School policy and regulation relating to attendance, leave of absence, and minimum standards of progress must be clearly stated in the school catalog.
Important Licensing Facts - Transmitted by David Brieff Enrollment agreements may only have one refund policy stated on them. The catalog must also clearly present the schools refund policies.
Important Licensing Facts - Transmitted by David Brieff The school director is responsible for tracking, then submitting timely all license renewal applications, such as the school, director, teacher, sales agent, and curriculum.
Important Licensing Facts - Transmitted by David Brieff Schools must give SED thirty days written notices of intent to close so that an orderly teachout can be arranged to protect the students.
Important Licensing Facts - Transmitted by David Brieff Students that are active when a school closes are entitled to a full refund of paid tuition or to participate in an approved teachout with a five day window to change their minds and request refund instead.
Important Licensing Facts - Transmitted by David Brieff School license renewal fees are a percentage that is based on the previous years-gross tuition report.
Important Licensing Facts - Transmitted by David Brieff When a school rearranges previously approved instructional space it requires another quarters inspection then approval from the associate. In addition, a new curriculum that requires additional equipment needs a quarters inspection approval as well. A school move also will require a quarters inspection and approval.
Important Licensing Facts - Transmitted by David Brieff SED does not approve a school annex so each location needs a separate license to operate.
Important Licensing Facts - Transmitted by David Brieff SED staff must be notified when there is a change of ownership of a school of more than 10% of the total equity or stock.
Important Licensing Facts - Transmitted by David Brieff A school license may be suspended for failure to pay tuition assessment.
Important Licensing Facts - Transmitted by David Brieff Once a school is licensed, every aspect of the schools operation must be approved by SED.
Important Licensing Facts - Transmitted by David Brieff All documents that support meeting the approved entrance requirements must be secured prior to the execution of the enrollment agreement and thus prior to beginning classes.
Important Licensing Facts - Transmitted by David Brieff School must maintain master teaching instructional schedules for each term or session.