Application Submission and Review

1. Download and complete the application and application forms. (Reminder: This application is not for requests related to New York’s licensed professions.)
2. To begin the application submission process institutions must first submit a Notification of Intent to Apply for Permission to Operate in New York State.
3. NYSED will acknowledge receipt of the Intent to Apply form and provide a link to register for access to the institution’s online application submission folder.
4. Do not submit a paper copy of the application. Once an application is ready for submission, files should be uploaded to the application submission folder and a formal notice of application submission should be sent to IHEauthorize@nysed.gov. 
5. A check for $15,000, made payable to the New York State Education Department will be due upon submission of the application. This includes a non-refundable review fee of $10,000 and $5,000 fee for the first annual administrative period (if approved). If an applicant institution is not granted permission to operate, the $5,000 annual administrative fee will be refunded. Application review will not commence before the fee payment has been processed.
6. The application payment submission must be mailed to the address below and include:
   • A check made out to the New York State Education Department, and,
   • A NYSED payment form (See the PTO Application Forms file).

New York State Education Department
ATTN: PERMISSION TO OPERATE APPLICATIONS
Office of College and University Evaluation
89 Washington Avenue, Room 960 EBA
Albany, NY 12234

Application Review Process

1. Completion Check. Applications are screened during intake to ensure that they are complete; for example, all forms, fees, narrative responses, and attachments are included, and the application is substantively responsive to the information requests. Applications that are materially incomplete will not be reviewed.
    
2. Institutional and Programmatic Review. NYSED will review the application in relation to the requirements set forth in 8 NYCRR §3.56(a).  If after initial review, NYSED has additional questions or identifies a need for more information or clarification, NYSED may issue a Request for Information (RFI). Applicants are typically given 30 days to provide the additional information or clarification requested in the RFI. NYSED reserves the right to issue as many separate RFI’s as are needed for NYSED to come to a determination about the application. Additionally, NYSED may elect to conduct an on-site review at the applicant’s proposed location.

   After the institutional and programmatic review, if NYSED determines that the applicant institution does not meet the requirements set forth in 8 NYCRR §3.56(a), the application will be disapproved and NYSED will notify the applicant of the reasons in writing. If after review, NYSED determines that the applicant institution has initially met the requirements of 8 NYCRR §3.56(a), NYSED will notify the applicant that NYSED will begin the process of Regional Consultation.

3. Regional Consultation. For applications that NYSED determines initially meet the requirements set forth in 8 NYCRR §3.56(a), NYSED will provide a copy of the application executive summary to New York State degree-granting institutions within the geographic region in which the applicant institution seeks to operate. New York State degree-granting institutions within the region will be given a time-period (typically 30 days, or as otherwise determined by NYSED) to provide NYSED with comments on the need for the proposed program and any impact it would have on their operations. If institutions raise objections to, or identify concerns with, an application for permission to operate, the applicant institution will be required to attempt to work with the institutions to resolve the issues.

   Once all objections have been removed and issues resolved, or once the applicant’s attempts to resolve issues have been exhausted (in the determination of NYSED), NYSED will re-evaluate whether the applicant institution continues to meet the requirements set forth in 8 NYCRR §3.56(a).  If NYSED determines that the applicant institution does not meet the requirements set forth in 8 NYCRR §3.56(a), the application will be disapproved and NYSED will notify the applicant of the reasons in writing.

   If after review, NYSED determines that the applicant institution has met the requirements of 8 NYCRR §3.56(a), NYSED will notify the applicant that it will recommend to the New York State Board of Regents, that it grant permission to operate.  

   At any time throughout the regional consultation process, New York State institutions within the region may elect to request a public hearing to discuss the application.

4. Determination. If NYSED determines that the applicant institution meets the requirements of 8 NYCRR §3.56(a), NYSED will recommend to the New York State Board of Regents that the it be granted permission to operate.  At a regularly scheduled public meeting, the New York State Board of Regents shall consider the Department’s recommendation, and a summary of comments provided by New York State institutions resulting from the regional consultation process.

   If the Board of Regents votes to grant permission to operate, the term of approval shall begin on the date of Regents approval.

   If the Board of Regents does not grant permission to operate, the application shall be considered permanently closed. 

Note: NYSED cannot specify a timeframe for application review.