Information for Certified ESL Schools Supervised by BPSS
Education Law Sections 5001 and Section 126 of the Commissioner's Regulations provide the State Education Department (SED) with the authority to register non-degree English as a Second Language (ESL) schools in New York State. SED also has the authority to determine which administrative forms must be completed and the criteria used to issue these licenses.
If you are inquiring whether you are required to be certified or licensed by BPSS, please review the [Education Law] Sections 5001(1) and 5001(2).
Schools seeking initial certification, certification of an additional location of an existing school, or transfer of ownership of more than 25% will follow the application process detailed here https://www.acces.nysed.gov/bpss/non-degree-granting-school-licensing-process
Applicants should note that submission of an application for school certification does not guarantee that a school will be certified.
Certification Timeframes and Requirements
ESL Program Requirements
ESL Personnel Requirements
ESL Administrative Documents Requirements
ESL School Quarters
ESL School Annual Requirements
ESL School License Renewal Requirements
Certification Timeframes and Requirements
Schools that meet the requirements 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.
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. Upon request by the department, schools shall provide any and all records necessary to review compliance with the requirements of the Education Law and Commissioner’s Regulations.
ESL Program Requirements
An application for an ESL program must be completed on BPSS form BPSS-126 and submitted directly to the curriculum unit at BPSSCurriculum@nysed.gov for review. The application must be sufficient in detail to provide an overview of instruction. There is no fee for the review of an ESL school program application.
At minimum, the school must describe the following:
- Program Title
- Length of Program (in clock hours)
- English as a Second Language Level
- Pre-requisites, including entrance or exit examinations with minimum scores
- Teaching Equipment
- An Outline of the Program, showing units and sub-units of instruction
Note: BPSS will require schools to divide the program into smaller segments, to which a student can demonstrate progression through levels at equal hours. BPSS will not approve standalone ESL programs in a format that intends to enroll a student continuously for an unreasonable length of time or clock hours without an educational justification.
Schools must complete the BPSS-126 form(s) and upload them for review by signing into the BPSS system via my.ny.gov, choosing the “School Administrator” role, and opening the “Manage Documents” link. Schools will select the category of “Administrative Documents” and the description of “ESL-Program Application.”
Once all BPSS-126 forms are successfully uploaded, the school director must email BPSSCurriculum@nysed.gov to request a review. BPSS will register the curriculum if the program application provides sufficient detail and is properly segmented.
The BPSS-126 form can be found here: https://www.acces.nysed.gov/sites/acces/files/bpss/eslprogramapplicationbpss-126.pdf
Once registered, per §126.10(j)(2)(iii) of the Commissioner’s regulations, “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.” ESL schools should be mindful of this requirement during the renewal period.
ESL Personnel Requirements
DIRECTORS
Each school shall employ a director who shall meet the following requirements:
- Be of good moral character.
- Have completed an approved four-year high school program or hold a high school equivalency diploma.
- Have at least five years of acceptable practical experience in one or more of the courses taught in the school [or]
Have five years of acceptable teaching experience in one or more of the courses taught in the school [or]
Have five years of acceptable administrative or supervisory experience [or]
Have combination of such acceptable experience amounting to at least five years. [OR]
Have received an appropriate baccalaureate or higher degree upon completion of an approved college program in the field of business administration, educational administration, or public administration.
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. 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. BPSS will not issue refunds for denied applications. Questions regarding director applications must be sent to BPSSDirectors@nysed.gov.
For more information regarding the application instructions for a licensed director, please see the following website: https://www.acces.nysed.gov/sites/acces/files/bpss/director-application-instructions.pdf
TEACHERS
Certified ESL schools must employ ESL teachers who have earned at least a baccalaureate or equivalent degree from an institution registered or recognized by the New York State Education Department’s Bureau of Proprietary School Supervision (BPSS). Each teacher must also have successfully completed either an ESL training program recognized by BPSS or have one year of teaching experience in an ESL program.
The teacher application (BPSS-124) must be submitted to the system for each ESL teacher before the person begins teaching. There is no fee associated with a review of ESL teacher applications. Please see the BPSS-124 form here: https://www.acces.nysed.gov/sites/acces/files/bpss/teacherapplicationesl.pdf
Schools must complete the BPSS-124 form(s) and upload them for review by signing into the BPSS system via my.ny.gov, choosing the “School Administrator” role, and opening the “Manage Documents” link. Schools will select the category of “Administrative Documents” and the description of “ESL-Teacher Application.”
Once all BPSS-124 forms are successfully uploaded, the school director must email BPSSTeachers@nysed.gov to request a review. Teacher applications have no expiration. Copies of the credentials verifying the information contained on the application must be kept on file at the school for inspection; they do not need to be submitted with the qualification form.
AGENTS
Certified ESL schools must employ at least one private school agent who meets the application requirements. A private school agent meeting the requirements of this paragraph shall take responsibility for enrolling each student enrolled in an ESL school. Each agent shall produce his or her agent certificate upon the request of the commissioner, the commissioner's designee, or any prospective student.
The application fee for agents is $200, unless the applicant possesses a director license at the time of application. Fee waiver requests shall be received by email only at: BPSSagents@nysed.gov Application fees cannot be waived after payment is made and BPSS will not issue refunds for denied applications.
For more information regarding the application process for a private school agent, please see the following website: https://www.acces.nysed.gov/bpss/agent-applicants
ESL Administrative Documents Requirements
Certified ESL schools must maintain records in accordance with regulation. Records and files of a school pertaining to ESL 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:
- Copies of all advertising, bulletins and other promotional materials. This includes the school’s current or previous catalog or pamphlets.
- The attendance register for each class, laboratory or session.
- Records of instructional staff showing qualifications and teaching schedules.
- 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.
- Records of all tuition and fees owed and paid by the student.
- Date of student completion or discontinuance.
| Attendance Record |
| Certificate of Completion Sample |
| Enrollment Agreement Sample |
| Leave of Absence |
| Student Disclosure Pamphlet |
| Student Ledger |
| Student Transcript |
DISCLOSURES
For all students enrolled in an ESL school, schools shall provide information to students in a format prescribed by the commissioner prior to the execution of the enrollment agreement. To meet this requirement, BPSS has created the following document to be disseminated to each enrollee: https://www.acces.nysed.gov/sites/acces/files/bpss/eslstudentdisclosurepamphlet.pdf
ENROLLMENT AGREEMENTS
An enrollment agreement shall be completed for all students enrolled in ESL curricula prior to the time instruction begins. 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:
- The name of the school
- The title of the curriculum, course or courses for which the student is contracting.
- The length of the curriculum, course or courses in instructional hours.
- The name and address of the student.
- The full contract price for instruction*, including all fees, tuition, and costs of textbooks, materials, and equipment.
- The method of payment.
- Such reasonable rules, regulations and conditions as the school may desire to set forth in the agreement.
- A separately signed acknowledgment by the student that he or she has received disclosure material, as referenced in the “Disclosures” section above.
- The name and certificate number of the school agent responsible for enrolling the student.
- 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 upon initial application.
*Note: The Bureau, in its discretion, may disallow an enrollment agreement to contain fees and policies that are not related to the instructional program and fall outside of the authority of BPSS’ purview. A common example of excludable fees is homestay costs for foreign students.
CATALOGS
ESL schools are required to submit a catalog (formerly referred to as an “ESL brochure”) that will be provided to prospective students and enrollees. BPSS will review the school’s proposed catalog to ensure the material includes the following items:
- Disclosure pamphlet.
- A complete and accurate description of the content of all ESL curricula offered by the school.
- A description of refund policies in the event a student fails to enter, withdraws or is discontinued from instruction.
Educational and administrative policies and procedures. BPSS will exercise reasonable discretion over the school’s proposed educational and administrative policies to ensure a student’s educational and financial interests are protected and the terms of enrollment are preserved.
ESL School Quarters
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.
BPSS does not issue student to teacher ratios for ESL curricula. However, if a subsequent inspection of attendance records or observation of an ESL classroom demonstrates overcrowding, BPSS will request a reduction in class size due to concerns for overall safety or quality of instruction.
Changing the location of a school requires prior approval by the Bureau. Schools seeking approval for a relocation of quarters must notify their field associate, apply for a school move using the BPSS system, and upload the Application for Approval of Quarters (BPSS-6), which can be found here: https://www.acces.nysed.gov/sites/acces/files/bpss/appquarters.pdf
For instructions on completing a school move application (BPSS-6), please see the following website: https://www.acces.nysed.gov/bpss/instructions-completing-application-approval-quarters
Following receipt of a complete Application for Approval of Quarters, the school must upload the certificate of occupancy, floor plan, and fire safety inspection report.
Note: If the proposed quarters are within the 5 boroughs of New York City, BPSS will request the fire safety inspection on behalf of the school through a required process with the FDNY.
ESL School Annual Requirements
ESL schools must submit two annual requirements: OEDS reports and financial statements.
OEDS REPORTS
ESL schools are required to submit annual reports (OEDS) that capture student enrollment and completion data from the prior academic year (July 1 – June 30). These reports are typically due in April of each year. Instructions for completing annual reports are sent to school directors each year. ESL school directors must ensure the email address on file with the BPSS system is accurate, so communication will be properly received prior to the reporting due date.
FINANCIAL STATEMENTS
ESL schools are required to submit financial statements no later than 120 days after the fiscal year end. Please see the following webpage for more information about annual financial reporting: https://www.acces.nysed.gov/bpss/schools/financial-information-reporting-requirements-bpss-schools
All inquiries regarding annual reporting shall be directed to BPSSschoolreviews@nysed.gov
ESL School License Renewal Requirements
An application for an ESL school license renewal must be made 120 days before the license expires. The school’s assigned field associate is required to inspect the following during the renewal period:
- Check to ensure the school’s application for renewal is properly filed.
- The payment of all fees and assessments.
- The content of all ESL curricula offered by the school.
- School catalog (to include all policies and refund requirements and complaint procedures).
- Copies of all advertising, bulletins, and other promotional materials – web sites will be evaluated for transparency, veracity, and consistency across all platforms.
- The overall condition of equipment and quarters.
Student Records
- Enrollment Agreements (as designated by Commissioner’s Regulation 126.10(j)(6)(ii) for non-publicly funded ESL schools).
- Attendance register
- Ledger - records of all tuition and fees owed and paid by the student
- Copy of student completion certificate or withdrawal form
- ESL Entrance Exam and scores along with final assessment
Personnel Records
- Teachers – copies of a baccalaureate or equivalent degree from an institution. licensed or recognized by the department and an ESL teacher training certificate recognized by the department or one year of ESL teaching experience.
- Agents – Copies of BPSS agent certificates and signed agent training manuals.
- Director – Copies of BPSS school director’s license.
In addition, all schools in renewal are required to comply with the annual reporting requirements and provide the Bureau an audited financial statement for their previous fiscal year. All financial statements are due 120 days after the fiscal year end date.
| Applications | Instructions |
|---|---|
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Send questions or status inquiries to: BPSS@nysed.gov |
The criteria, fees, and process for completing a new school license application can be found at the following website: https://www.acces.nysed.gov/bpss/non-degree-granting-school-licensing-process |
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Notification of Ownership Change BPSS-1T (12/12a) |
Any ESL school seeking to transfer its license must file a new school application on or before the date of transfer and upload the Notification of Ownership Change form to the new school application. https://www.acces.nysed.gov/sites/acces/files/bpss/notificationofownershipchangebpss-1t-1212a.pdf |
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Send questions or status inquiries to: BPSSteachers@nysed.gov |
Instructions for completing and submitting Teacher Application ESL (BPSS-124) can be found here: https://www.acces.nysed.gov/bpss/instructions-completing-teacher-qualifications |
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Send questions or status inquiries to: BPSSCurriculum@nysed.gov |
All ESL school license applicants must complete and upload the Program Application ESL form (BPSS-126) into the Administrative Documents category on the school’s BPSS portal. https://www.acces.nysed.gov/sites/acces/files/bpss/eslprogramapplicationbpss-126.pdf |
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Specific information for Director, Agent, and ESL School Teacher Applicants can be found at the School Personnel Information Website. https://www.acces.nysed.gov/bpss/school-personnel-information-and-application |
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| Application for Approval of Quarters (BPSS-6) |
Instructions for completing the BPSS-6: https://www.acces.nysed.gov/bpss/instructions-completing-application-approval-quarters |
If you have any questions, you can contact the Bureau by email at bpss@nysed.gov or by phone @ (518) 474-3969 or by regular mail at:
New York State Education Department
Bureau of Proprietary School Supervision
89 Washington Avenue, EBA 560
Albany, NY 12234