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Permission to Operate with a Physical Presence

This information and the linked materials are for out-of-state institutions seeking permission to operate an instructional site in New York State.

Out-of-state institutions that seek to offer credit-bearing instruction or field experiences with a physical presence in New York State must be authorized by the New York State Board of Regents pursuant to Title 8, §3.56 of the New York Codes, Rules, and Regulations (permission to operate) (8 NYCRR §3.56). The following activities constitute a physical presence in New York:

  • Operating an instructional site at which students receive instruction from a faculty member, regardless of whether the instruction is delivered in person or remotely.
  • The placement of students in clinical internships or field experiences related to New York State’s licensed professions.

This application and submission process is not for institutions seeking to offer a program leading to professional licensure, or to place students in clinical internships or field experiences related to New York State’s licensed professions. For information related to the application and submission process for licensed professions contact the NYSED Office of Professions at: OPROGS@nysed.gov or (518) 474-3817, ext. 360.

Prospective applicants should note that submission of an application for permission to operate in New York State does not in itself guarantee that permission will be granted. Any expenses related to an institution’s application, including but not limited to space or site acquisition, will be incurred with the risk of not obtaining permission to operate.

Eligibility

To be eligible for permission to operate pursuant to 8 NYCRR §3.56, applicants must:

  • Be a United States degree-granting institution, with its principal location and central administrative unit domiciled in the United States, and authorized to confer degrees by that state, and holding institutional accreditation by an accrediting body recognized by the United States Department of Education (USDE); or,
  • If incorporated outside of the United States, be authorized to confer degrees in the state, country, or territory in which the organization is principally located, under the regulatory oversight of a body that is substantially equivalent to that of a U.S. authorizer, and hold institutional accreditation by an accrediting body that is substantially equivalent to a United States Department of Education Regional Accreditor. (“Substantially equivalent” is determined at the sole discretion of the New York State Commissioner of Education (“the Commissioner”).

Limitations on the Scope of Permission to Operate

Out-of-state institutions applying for approval may only hold permission to operate one program at one location in New York State.  

For the purposes of this application program shall mean courses or instructional experiences that are offered by the institution on-ground in New York for purposes of earning credit, a degree, certificate, credential, or other academic award.

In rare circumstances and upon receipt of evidence satisfactory to the Commissioner that the educational needs in New York will be addressed by allowing an institution to offer more than one program or offer a program at more than one location in New York, the institution may apply for a waiver of the one-program limitation.