Section 5001(1) of Education Law states, in part, that "No private school or computer training facility which charges tuition or fees for instruction and which is not exempted hereunder shall be operated by any person or persons, firm, corporation, or private organization for the purpose of teaching or giving instruction in any subject or subjects, unless it is licensed or registered by the department…."

Section 5004(2) of Education Law states, in part, that "Instruction, as contemplated by this section, shall be any plan or method for teaching any subject or subjects in any form or manner, including correspondence or home study."

In order to provide guidance as to whether distance education providers must be licensed in New York State, the New York State Education Department (NYSED) has developed guidelines for determining "physical presence."  If a school has a physical presence in New York State, that school must be appropriately licensed/registered and abide by all of the provisions set forth in Sections 5001 through 5010 of Education Law and Part 126 of the Regulations of the Commissioner of Education.

The Bureau of Proprietary School Supervision considers an institution to have a physical presence in New York State if it does one or more of the following things: 

• Operates an instructional site (a physical site at which instruction is given by a faculty member to a group of students) in New York State. The fact that the instruction at that site is given through an electronic medium (e.g., satellite delivery, videotape) rather than through an instructor physically present in the room, does not change the fact that it is an instructional site. 
  
  
• Sponsors organized activities within the State that are related to the program of study (e.g., advising, mentoring, study groups, examination administration). 
  
  
• Has a representative, whether paid or not, acting on its behalf within the state to conduct instructional or academic support activities. This would include a commercial vendor acting on behalf of the out-of-state-institution providing services to students of that institution. 
  
  

Activities that are NOT considered to establish physical presence in the State are:

• Communicating electronically with students in New York State (e.g., by computer or broadcast) in ways that do NOT involve an instructional site or an organized group activity. 
  
  
• Advertising in New York State media. 

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URL:  http://www.highered.nysed.gov/bpss/pg260903.htm
Last updated July 17, 2006