School Incorporation Guidance
New Religious and Independent Schools
To be recognized as a school in New York State, new religious and independent schools must obtain incorporation, verify that they are located in a safe, educationally appropriate environment, and have their local public school district certify that they are educationally equivalent to a public school.
Please read the Manual for New Administrators of Religious and Independent Schools.
Incorporation
Religious and Independent schools must incorporate in one of the three following ways. See the diagram below for an illustration of the process.
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Religious and Independent Schools: |
Religious |
Independent |
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Not-for-Profit |
For-Profit |
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Incorporation type |
Via affiliated religious institution e.g. church, synagogue, mosque, temple—by county or NYSDOS |
Educational Corporation= NYS Board of Regents Charter |
Limited Liability Corporation (LLC) via NYS Dept. of State (DOS); |
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Initial incorporation process |
Religious institution incorporates by filing with county or NYSDOS |
1. School sends Petition + fee to NYSED Office of Counsel.
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| 2. Office of Counsel sends petition & 21 Items to NYSED Office of Religious and Independent School Support (Program Office) | |||
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3. When petition & 21 Items approved, Board of Regents votes to approve provisional charter, usually 3 year term, & charter is sent to school |
3. When Petition & 21 Items approved, Consent is issued by NYSED Office of Counsel |
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4. When provisional charter expires, school must extend charter, by filing petition & fee with NYSED Office of Counsel, |
4. Incorporation & Commissioner’s Consent filed with NYS DOS |
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5. After at least 1 extension, school may apply for absolute charter: file petition & fee with NYSED Office of Counsel, changes in 21 Items with NYSED Office of Religious and Independent School Support |
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Changes, e.g. name, address, grade level, additional buildings |
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Charter amendment: |
Amend Commissioner’s Consent: |
Types of Religious and Independent Schools:
1. Religious schools: Schools affiliated with a specific religious institution, e.g. church, mosque, synagogue, temple, or other religious institution are considered incorporated under the auspices of their religious institutions. Religious institutions may be incorporated by their county or the New York State Department of State.
If a religious school wishes to be independent, it may obtain a charter and have separate incorporation as an educational corporation, but this is not required.
2. Independent schools: Independent schools may be either not-for-profit or for-profit.
a. Not-for-profit: A not-for-profit independent school must obtain a provisional charter from the New York State Board of Regents, which serves as incorporation as an education corporation. See section below on Forming an Educational Corporation.
b. For-profit: A for-profit must incorporate with the New York State Department of State (NYSDOS) as a limited liability company (LLC). A NYSED Commissioner’s Consent is needed for the incorporation. See section below on Commissioner’s Consents.
Forming an Educational Corporation
(Commonly referred to as Provisional and Absolute Charters)
The New York State Education Department, under the Board of Regents, has oversight for incorporating religious and independent not-for-profit schools as Education Corporations. A not-for-profit school must first obtain a provisional charter, usually for 3 years. It should then be extended for 3 more years. Typically, after one or more extensions, the charter will be converted to an absolute, or permanent, charter, if the school meets the requirements for an absolute charter. (See section on Absolute Charters below.)
See the diagram above for an illustration of the process. To obtain a provisional charter, a petition and the required fee must first be submitted to the NYSED Office of Counsel. These will be processed by the Office of Counsel, then sent to the NYSED Office of Religious and Independent School Support (the “program office”). The “21 Item Checklist” will need to be sent with the petition, or under separate cover, to the Office of Religious and Independent School Support, which reviews them and the petition. An Initial Fire Inspection Report (item #4 from checklist) is required. The inspection must be performed by a local government official, be dated within 12 months of submission date, show that escape routes are clear and adequate and all alarm systems are working. In some jurisdictions, the current Certificate of Occupancy and initial fire inspection may be issued as one document. Once the 21 Items are complete and have been approved, the petition is sent back to the Office of Counsel with a recommendation to approve it. The recommendation is then scheduled for a vote at the next Regents meeting with available time. After the vote, the school will receive the charter document.
Please note: Education Law 807-A requires annual inspection of all grade 1-12 schools with at least 25 students and all nurseries and kindergartens with at least 6 students outside of New York City. Initial fire inspections performed on or after July 1st can be used to meet this annual requirement. Initial fire inspections performed before July 1st will not meet this annual requirement.
It is important to specifically describe the purpose for the incorporation in the petition. The petition should include the age of the students to be served, grades to be operated, the physical address of the school, and the type of education that will be provided, i.e. education for typically developing students or education for students with special needs, etc.,
Information on submitting a petition for a Provisional Charter or Absolute Charter, amendments to both types of Charters, and other related information can be found on the NYS Education Department’s Office of Counsel’s website.
While all the information is important and those interested are encouraged to read information connected to each link, Sample Forms, provides petition prototypes for submitting Provisional and Absolute Charters, Charter amendments, Provisional Charter extension, and related issues. Petitions must follow the format(s) provided.
Please consult the Questions and Answers document which explains where to send petitions, costs, and additional important information.
Extension of Provisional Charter
Typically, Provisional Charters are issued for a three year period, but may range for one year to a maximum (by law) of five years. To obtain an extension of a provisional charter, a nonpublic school must submit a petition and fee to the NYSED Office of Counsel. Please see the website of the Office of Counsel for information and sample forms.
As with a new Provisional Charter, once the Office of Counsel has processed the petition and fee, the petition is sent to the Office of Religious and Independent School Support (the “program office”). If there are no changes to the most recently issued Provisional Charter, program office requirements for recommending an extension include:
- Current Fire Inspection Report by the Code Enforcement Official - municipality in which the nonpublic school is located, showing that the premises are safe; If the school is outside of New York City, the fire inspection must be on the form used by the Office of Facilities Planning. The form and instructions are at the following links:
- a list of the number of students at each grade level the corporation is authorized to operate;
- current staff and their qualifications; and
- the most current audited financial statement for the corporation
- any changes to the 21 Items since the charter or last extension was granted, e.g. new curriculum, new calendar and schedule, or changes in enrollment, tuition.
When the program office has received these items and approved the petition, it is returned to the Office of Counsel for a final check and placed on the agenda for the next available meeting of the Board of Regents. After the Regents vote, the school will be notified of the approval and receive documentation.
Absolute Charter
Program Requirements for Religious and Independent Schools Seeking an Absolute Charter
A religious or independent school which is incorporated under the Board of Regents as an Education Corporation with a Provisional Charter, and, typically, has extended its Provisional Charter at least once, and can document that it operates a sound educational program, has class enrollment at every grade level that it is authorized to operate, and can demonstrate fiscal solvency, may wish to be considered for the Absolute Charter. An Absolute Charter is an Education Corporation in its final stage and does not need to be extended. Details on the program requirements required for recommending that an Absolute Charter be granted by the Board of Regents.
Program Requirements for Religious and Independent Schools Seeking an Absolute Charter
In addition to the documentation required in the Absolute Charter document, please also submit:
- Documentation of the items delineated on the "21 Item Checklist."
21 Item Checklist in Word
21 Item Checklist in PDF
- A fire inspection report from within the last 12 months by the local fire department, showing that escape routes are clear and adequate, and all alarm systems working. In some jurisdictions, the Certificate of Occupancy and fire inspection may be issued as one document. Education Law 807-A requires annual inspection of all grade 1-12 schools with at least 25 students and all nurseries and kindergartens with at least 6 students outside of New York City. Please see the links below for the Instructions and Form for the Inspection Report.
The process is the same as the initial application for a provisional charter. The petition and fee should be sent to the NYSED Office of Counsel, where they are processed. The petition is then sent to the Office of Religious and Independent School Support, where the information from the 21 Item Checklist is reviewed. Once that information has been approved, the materials are sent to the Office of Counsel for a final review. When approved, the matter is placed on the next available agenda for the meeting of the Board of Regents, and the school receives notice of the vote and the charter document after the meeting.
Amendment to Provisional and Absolute Charters
A petition to amend a Charter must be submitted to the Office of Counsel if the Education Corporation seeks to modify its Charter. Information and sample forms can be found under “Forming an Education Corporation” discussed above. A change in the location of the school or a change in the grade levels to be offered, including the addition of prekindergarten or after-school programming, etc., are the most common types of amendments.
Again, the petition must be submitted to the NYSED Office of Counsel with the required fee. Once Office of Counsel has processed these, the petition is sent to the program office (Office of Religious and Independent School Support).
Program office requirements for recommending that an amendment be adopted by the Board of Regents are:
- Change of location – Certificate of Occupancy, showing that the premises are zoned and approved for use as a school, and a current Fire Inspection Report, showing that escape routes are clear and adequate and all alarm systems are working, by Code Enforcement Officials of the municipality in which the nonpublic school is located. Usually, this will entail both the Buildings and Fire Departments, although in some jurisdictions, a combined certificate may be issued by Code Enforcement. If the school is outside of New York City, the fire inspection must be on the form used by the Office of Facilities Planning. The form and instructions are at the following links:
- Addition of grades – Curriculum guidelines for proposed additional grades; qualifications of additional staff; description of floor plans to serve additional students; and any other items from the “21 Item Checklist” that are pertinent.
- Other amendments – Program-related materials from the “21 Item Checklist” that are applicable to the changes noted in the amendment.
The process is the same as the initial application for a provisional charter. Once that information listed above has been approved, the program office returns the petition to the Office of Counsel for a final review. If everything is approved, the matter is placed on the next available agenda for the meeting of the Board of Regents, and the school receives notice of the vote after the meeting and documentation.
Commissioner’s Consent to Independent and Religious Schools, Nursery Schools, Preschools, and Related Entities Seeking Incorporations under the
NYS Department of State
To incorporate as a for-profit by the New York State Department of State, schools must seek and obtain the Commissioner’s Consent from the State Education Department when the proposed corporation has educational purposes and/or uses terms associated with education in its name, such as school, academy, nursery school, preschool, etc. Similarly, schools seeking to file amendments, e.g. adding grades or changing address, if incorporated by the Department of State, must also obtain Commissioner’s Consent.
To obtain Commissioner’s Consent, a petition and fee should be submitted to the NYSED Office of Counsel, 89 Washington Ave., Room 146 EB, Albany, NY 12234. Information, including sample forms and associated fees, can be obtained on the New York State Education Department’s Office of Counsel’s website.
Once the Office of Counsel has processed the petition and fee, the petition is forwarded to the NYSED Office of Religious and Independent School Support (the “program office”). The program office requires documentation from the 21 Item Checklist which will need to be sent with the application, or under separate cover, to the Office of Religious and Independent School Support, which reviews them and the application. An Initial Fire Inspection Report (item #4 from checklist) is required. The inspection must be performed by a local government official, be dated within 12 months of submission date, show that escape routes are clear and adequate and all alarm systems are working. In some jurisdictions, the current Certificate of Occupancy and initial fire inspection may be issued as one document. Once the 21 Items are complete and have been approved, a recommendation to approve the petition is sent to the Office of Counsel. Consent is then granted after further Office of Counsel review and approval. The Consent must then be filed with the NYS Department of State to complete the incorporation process.
Please note: Education Law 807-A requires annual inspection of all grade 1-12 schools with at least 25 students and all nurseries and kindergartens with at least 6 students outside of New York City. Initial fire inspections performed on or after July 1st can be used to meet this annual requirement. Initial fire inspections performed before July 1st will not meet this annual requirement.
BEDS Codes
For information on applying for a Basic Educational Data System (BEDS) code; or changing the address, name, or contact information associated with a BEDS code, please visit the BEDS Code Information webpage.
State Education Department Reference File (SEDREF)
The SEDREF Portal provides a great deal of information about different types of schools in New York State. To access information about a school, follow the directions of placing a "percentage, i.e., %, sign" after the name of the school (do not leave any spaces between the words). You may also search by address or SED (BEDS) code.