1. | Overview of Accreditation | |||||||||||||||||||||||
2. | Accreditation in the U.S. | |||||||||||||||||||||||
3. | National Recognition of Accrediting Agencies by the U.S. Secretary of Education | |||||||||||||||||||||||
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4. | Nationally Recognized Accrediting Agencies | |||||||||||||||||||||||
5. | Regional and National Institutional Accrediting Agencies | |||||||||||||||||||||||
6. | Specialized Accrediting Agencies | |||||||||||||||||||||||
7. | Accrediting Agencies Recognized for their Preaccreditation Categories | |||||||||||||||||||||||
8. | Accrediting Agencies Recognized for Title IV Purposes | |||||||||||||||||||||||
9. | Accrediting Agencies Recognized for Distance Education and Correspondence Education | |||||||||||||||||||||||
10. | Part 602 - Secretary's Recognition of Accrediting Agencies | |||||||||||||||||||||||
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11. | National Recognition of State Approval Agencies by the U.S. Secretary of Education | |||||||||||||||||||||||
Overview of Accreditation The goal of accreditation is to ensure that education provided by institutions of higher education meets acceptable levels of quality. Accreditation in the United States involves non-governmental entities as well as governmental agencies. Accrediting agencies, which are private educational associations of regional or national scope, develop evaluation criteria and conduct peer evaluations to assess whether or not those criteria are met. Institutions and/or programs that request an agency's evaluation and that meet an agency's criteria are then "accredited" by that agency. The U.S. Department of Education does not accredit educational institutions and/or programs. However, the Secretary of Education is required by law to publish a list of nationally recognized accrediting agencies that the Secretary determines to be reliable authorities as to the quality of education or training provided by the institutions of higher education and the higher education programs they accredit. An agency seeking national recognition by the Secretary must meet the Secretary's procedures and criteria for the recognition of accrediting agencies, as published in the Federal Register. Some of the criteria for recognition, such as the criterion requiring a link to Federal programs, have no bearing on the quality of an accrediting agency; however, they do have the effect of making some agencies ineligible for recognition for reasons other than quality. The recognition process involves not only filing an application with the U. S. Department of Education but also review by the National Advisory Committee on Institutional Quality and Integrity, which makes a recommendation to the Secretary regarding recognition. The Secretary, after considering the Committee's recommendation, makes the final determination regarding recognition. The U.S. Secretary of Education also recognizes State agencies for the approval of public postsecondary vocational education and State agencies for the approval of nurse education. These agencies must meet the Secretary's criteria and procedures for such recognition and must undergo review by the National Advisory Committee. The U. S. Department of Education does not accredit institutions in foreign countries. However, the Secretary of Education does appoint members to the National Committee on Foreign Medical Education and Accreditation. The law gives that Committee the responsibility for reviewing the standards that foreign countries use to accredit medical schools to determine whether those standards are comparable to the standards used to accredit medical schools in the United States. The comparability decisions made by the Committee affect whether U.S. students attending foreign medical schools can receive loans under the Federal Family Education Loan Program. Accreditation in the U.S. The United States has no federal Ministry of Education or other centralized authority exercising single national control over postsecondary educational institutions in this country. The states assume varying degrees of control over education, but, in general, institutions of higher education are permitted to operate with considerable independence and autonomy. As a consequence, American educational institutions can vary widely in the character and quality of their programs. In order to insure a basic level of quality, the practice of accreditation arose in the United States as a means of conducting nongovernmental, peer evaluation of educational institutions and programs. Private educational associations of regional or national scope have adopted criteria reflecting the qualities of a sound educational program and have developed procedures for evaluating institutions or programs to determine whether or not they are operating at basic levels of quality Some Functions of Accreditation
The Accrediting Procedure
Types of Accreditation There are two basic types of educational accreditation, one referred to as "institutional" and the other referred to as "specialized" or "programmatic." Institutional accreditation normally applies to an entire institution, indicating that each of an institution's parts is contributing to the achievement of the institution's objectives, although not necessarily all at the same level of quality. The various commissions of the regional accrediting agencies, for example, perform institutional accreditation, as do many national accrediting agencies. Specialized or programmatic accreditation normally applies to programs, departments, or schools that are parts of an institution. The accredited unit may be as large as a college or school within a university or as small as a curriculum within a discipline. Most of the specialized or programmatic accrediting agencies review units within an institution of higher education that is accredited by one of the regional accrediting agencies. However, certain accrediting agencies also accredit professional schools and other specialized or vocational institutions of higher education that are freestanding in their operations. Thus, a "specialized" or "programmatic" accrediting agency may also function in the capacity of an "institutional" accrediting agency. In addition, a number of specialized accrediting agencies accredit educational programs within non-educational settings, such as hospitals. Note: The U.S. Department of Education does not have the authority to accredit private or public elementary or secondary schools, and the Department does not recognize accrediting bodies for the accreditation of private or public elementary and secondary schools. However, the U.S. Department of Education does recognize accrediting bodies for the accreditation of institutions of higher (postsecondary) education. If an accrediting body which is recognized by the Department for higher education also accredits elementary and secondary schools, the Department's recognition applies only to the agency's accreditation of postsecondary institutions.The Department’s recognition of accrediting agencies does not extend to the accreditation an agency may grant to foreign institutions or programs. Accreditation does not provide automatic acceptance by an institution of credit earned at another institution, nor does it give assurance of acceptance of graduates by employers. Acceptance of credit or graduates is always the prerogative of the receiving institution or employer. For these reasons, besides ascertaining the accredited status of a school or program, students should take additional measures to determine, prior to enrollment, whether their educational goals will be met through attendance at a particular institution. Those measures should include inquiries to institutions to which transfer might be desired or to prospective employers. National Recognition of Accrediting Agencies by the U.S. Secretary of Education The U.S. Secretary of Education (Secretary) is required by statute to publish a list of nationally recognized accrediting agencies that the Secretary determines to be reliable authorities as to the quality of education or training provided by the institutions of higher education and the higher education programs they accredit. The Secretary only evaluates accrediting agencies that apply for recognition, and certain criteria for recognition that are unrelated to the quality of accrediting activities limit the scope of the Secretary’s recognition activities. Most institutions attain eligibility for federal funds by holding accredited or preaccredited status with one of the accrediting agencies recognized by the Secretary, in addition to fulfilling other eligibility requirements. For example, accreditation by a nationally recognized institutional accrediting agency enables the institutions the agency accredits to establish eligibility to participate in the federal student financial assistance programs administered by the U.S. Department of Education (Department) under Title IV of the Higher Education Act of 1965, as amended. The commissions of the institutional (both regional and national) accrediting agencies that are recognized by the Secretary have no legal control over educational institutions or programs. They promulgate standards of quality or criteria of institutional excellence and approve or renew membership of those institutions that apply for meet their accreditation standards or criteria. Note: The U.S. Department of Education does not have the authority to accredit private or public elementary or secondary schools, and the Department does not recognize accrediting bodies for the accreditation of private or public elementary and secondary schools. However, the U.S. Department of Education does recognize accrediting bodies for the accreditation of institutions of higher (postsecondary) education. If an accrediting body which is recognized by the Department for higher education also accredits elementary and secondary schools, the Department's recognition applies only to the agency's accreditation of postsecondary institutions. The Department’s recognition of accrediting agencies does not extend to the accreditation an agency may grant to foreign institutions or programs. The Accrediting Agency Evaluation Unit The Accrediting Agency Evaluation Unit has been established within the Department of Education to deal with accreditation matters. Located in the Office of Postsecondary Education, the Unit carries out the following major functions with respect to accreditation:
The Recognition Process for Accrediting Agencies The process for the recognition of accrediting agencies is set forth in 34 CFR Part 602 Subpart C. Other information related to an agency's application for recognition is provided below. The Application for Recognition Accrediting agencies desiring recognition by the Secretary of Education must apply and demonstrate their compliance with the Criteria for Secretarial Recognition (34 CFR Part 602 Subpart B). An agency's application for recognition generally consists of a statement of the agency's requested scope of recognition, evidence of the agency's compliance with the criteria for recognition set forth in part 602, and supporting documentation. Agencies seeking initial recognition should contact the Accrediting Agency Evaluation Unit to discuss the basic eligibility requirements and the application process. If the staff believes the agency meets the basic eligibility requirements, the agency will be provided with the information needed to submit an application through the unit's electronic system.
An agency's application for initial recognition or renewal of recognition consists of a narrative statement, organized on a criterion-by-criterion basis, showing how the agency complies with the Criteria for Recognition. For many recognition requirements, the narrative statement need only consist of a brief narrative demonstrating how that agency complies with a particular requirement. This statement must, however, be accompanied by clearly referenced supporting documentation demonstrating that the agency meets the requirement. For example, §602.15(a)(6) of the regulations requires an agency to have clear and effective controls against conflicts of interest or the appearance of conflicts of interest by the agency's board mem¬bers, commissioners, evaluation team members, consultants, administrative staff, and other agency representatives. The agency's narrative statement addressing this issue might simply be a statement that the agency's policies against conflicts of interest may be found in a particular policy document. The agency would have to submit a copy of that document and identify the pages on which the relevant policies were located. The agency might also choose to include a copy of the minutes of a meeting at which an agency representative abstained from voting because of a conflict of interest to demonstrate that it adheres to its written policies. For other recognition requirements, because of their nature, the brief narrative statement, with supporting documentation, is insufficient to demonstrate compliance. In these cases, the agency's narrative statement should provide sufficient information to demonstrate that the agency's policies, standards, procedures, and practices comply with all aspects of the requirement. For example, §602.21 of the regulations requires that an agency maintain a systematic program of review that demonstrates its standards are adequate to evaluate the quality of the education or training provided and relevant to the education or training needs of students. As this requirement is fundamental to sound accreditation practices, the agency's narrative statement would have to describe in depth the processes the agency uses to review and update its criteria and standards, the tests it uses to determine their adequacy and relevance in evaluating educational quality, as well as the results of those tests, and how it determines they are relevant to the needs of affected students. The agency would also have to provide relevant supporting documentation, such as policy statements pertaining to its review program for validating and updating its standards, surveys and the results of those surveys, the constituencies involved in the review process, etc. The agency’s statement and documentation would need to establish that the program of review is comprehensive; occurs at regular, yet reasonable, intervals or on an ongoing basis; examines each of the agency’s standards and the standards as a whole; and involves all of the agency’s relevant constituencies in the review, affording them a meaningful opportunity to provide input. The agency would also need to establish that it has the requisite procedures in place for timely changing its standards in response to the results of the review. If an agency's application for recognition does not make specific reference to the following documents and does not include them as supporting documentation for one or more of the recognition requirements, the agency must include them as additional supporting documentation: Accreditation standards and procedures Policies and procedures Most recent externally audited financial statement Published lists of accredited schools or programs Self-study guidelines Guidance and training materials for visiting team members Sample completed self-study reports Sample site visit reports Sample institution responses to site visit reports Sample minutes of decision meetings A list of all complaints received by the agency against an accredited program during the six-month period immediately preceding the agency's submission of its application for recognition, together with a summary of the issues involved in each complaint, the agency's disposition of that complaint, and the current status of the complaint, if it is not resolved by the time the agency submits its application The agency's constitution and by-laws. Note: it would be helpful if the samples provided by an agency referred to the same institution(s) or program(s), where applicable. Time Frame for Submission of an Application Application for Initial Recognition The Accrediting Agency Evaluation Unit accepts applications for initial recognition at any time. To request consideration at a particular meeting of the NACIQI, an agency seeking initial recognition must submit its application at least six months in advance of that meeting. Consideration of the agency's application at the first NACIQI meeting that occurs after the six-month time frame is not guaranteed, however, as Department staff may need more time to complete its independent evaluation of the agency and to observe at least some of the agency's site visits and decision meetings, as required by §602.32(b)(1) of the regulations. An agency considering applying for initial recognition is encouraged to contact the Accrediting Agency Evaluation Unit as early as possible to discuss its possible application and to afford staff the opportunity to observe its site visits and decision meetings. Because observation of an agency's site visits and decision meetings by staff is a critical component of the review of the agency's application, it is imperative that an agency seeking initial recognition submit a list of scheduled site visits and decision meetings with its application for recognition. If an agency does not provide staff with an opportunity to observe an adequate number of site visits and decision meetings (typically 2-3 of each) before NACIQI meeting at which the agency requests consideration of its application, staff may recommend that the agency's application be denied. Agencies seeking initial recognition are reminded that recognition by the Secretary is not a prerequisite for an agency to function as an accrediting body, i.e., an agency does not have to obtain recognition before it begins to accredit institutions or programs. Rather, recognition is granted by the Secretary to an agency that meets certain federal eligibility requirements and can demonstrate compliance with all of the criteria for recognition, establishing through its accrediting actions and decisions that it is a reliable authority regarding the quality of education offered by the institutions or programs it accredits. A new agency must demonstrate that its accreditation is a required element in enabling at least one of the institutions or programs it accredits to establish eligibility to participate in one or more federal programs. Beyond that basic eligibility requirement, a new accrediting agency will need to have had at least two years' experience functioning as accrediting agency - establishing standards, evaluating institutions or programs for compliance with those standards, and making accrediting decisions based on those standards - before it submits its application for recognition. In addition, a new agency will need to be mindful of the recognition criterion requiring it to establish that it has gained wide acceptance of its standards, methods of evaluation, and accreditation decisions, as required by §602.13 of the regulations. Staff will also consider whether the new agency has been organized under conditions that reasonably ensure its stability and permanence. Application for Continued Recognition Agencies that have been granted recognition by the Secretary are officially notified of the expiration date of their recognition period in a letter each time recognition is granted or renewed. They should plan to submit their application for renewal of recognition approximately six months in advance of the spring or fall meeting of the NACIQI that precedes that expiration date. The Accrediting Agency Evaluation Unit usually notifies agencies a year in advance of the NACIQI meeting at which their renewal application is to be considered and informs them of the date by which their application is due. The notice also requests a schedule of each agency's site visits and decision meetings for the upcoming year in order to plan staff observation of at least some of those activities, as required by §602.32(b)(1) of the regulations. Staff Analysis of an Accrediting Agency's Application The application review process conducted by the Department includes analysis of the application and observation of some of the agency's site visit and decision-making activities by Accrediting Agency Evaluation Unit staff. Staff members may also visit agency administrative offices to conduct interviews of agency staff and to review the agency's facilities, records and administrative operations. They may also conduct interviews or surveys of other persons, organizations, or institutions concerning the applicant agency's approval process in order to obtain further information relating to the agency's compliance with the Criteria and Procedures for Recognition. Department staff then prepares a written analysis of the agency's application for recognition, which includes a recommendation on recognition. Hearing Before the Advisory Committee When staff completes its evaluation of an agency's application for recognition, the agency's application is placed on the meeting agenda of the National Advisory Committee on Institutional Quality and Integrity; (NACIQI).In preparation for the meeting, the committee is provided with the accrediting agency's application and supporting documentation; the final staff analysis of the application; the staff's recommendation on recognition; all information relied upon by staff in developing the analysis; at the agency's request, any response by the agency to the draft staff analysis; and any written third-party comments the Department received about the agency and agency response. The NACIQI meets at least twice a year to review applications for recognition submitted by accrediting agencies. The usual times for the Committee meetings are spring (May-June) and fall (November-December). Although each member of the Committee receives every staff analysis of an application for recognition and all the other materials mentioned in the preceding paragraph, the Executive Director of the NACIQI usually assigns two or more individuals to serve as principal readers for each application. An agency that applies for recognition is invited to make an oral presentation before the Committee. The Committee also hears oral presentations from third parties who request to be heard. Department staff are available throughout NACIQI meetings to respond to questions. The NACIQI conducts its business in public, and a transcript of the proceedings is made. After each meeting, the Committee's and Department staff's recommendations concerning recognition are forwarded to the Senior Department Official, who makes the final determination regarding recognition. Any agency that disagrees with the decision of the Senior Department Official may appeal to the Secretary. Agencies may be granted initial recognition or renewal of recognition for a period of up to five years. Expansion of Scope An application for expansion of an agency's scope of recognition may be included as an integral part of an application for renewal of recognition or it may be submitted separately. If an expansion of scope is sought prior to the agency's next regularly scheduled review, agency personnel should consult with the Accrediting Agency Evaluation Unit staff concerning the application format. Database of Accredited Programs and Institutions The Department of Education is making available a searchable database of postsecondary institutions and programs accredited by accrediting agencies or state approval agencies recognized by the U.S. Secretary of Education. This database includes approximately 6,900 postsecondary educational institutions and programs. The U.S. Secretary of Education recognizes those agencies determined to be reliable authorities as to the quality of education or training provided by the institutions of higher education and the higher education programs they accredit. Accreditation of an institution or program by a recognized accrediting agency provides a reasonable assurance of quality and acceptance by employers of diplomas and degrees. The Department believes that the list will be a helpful tool for employers evaluating education credentials and for consumers making decisions about postsecondary institutions to attend. Consumers are encouraged to do additional research on institutions before making a selection of a school, checking, for example, on the transferability of credits between institutions, the availability of financial aid, etc. The database does not include a number of postsecondary educational institutions and programs that elect not to seek accreditation but nevertheless may provide a quality postsecondary education. The U.S. Department of Education recommends that the database be used as one source of qualitative information and that additional sources of qualitative information be consulted. Nationally Recognized Accrediting Agencies The regional and national accrediting agencies linked to below are recognized by the U.S. Secretary of Education as reliable authorities concerning the quality of education or training offered by the institutions of higher education or higher education programs they accredit. The dates specified for each entry are the date of initial listing as a nationally recognized agency, the date of the Secretary's most recent grant of renewed recognition, and the date of the agency's next scheduled review for renewal of recognition by the National Advisory Committee on Institutional Quality and Integrity. Unless otherwise noted in a Title IV note after the agency's name, accreditation by an agency included on the lists linked to below may be used by an institution accredited by the agency to establish eligibility to participate in Title IV programs. (Note: S = Spring meeting and F = Fall meeting) Regional and National Institutional Accrediting Agencies The dates specified for each entry are the date of initial listing as a recognized agency, the date of the Secretary's most recent grant of renewed recognition, and the date of the agency's next scheduled review for renewal of recognition by the National Advisory Committee on Institutional Quality and Integrity. (Note: S = Spring meeting and F =Fall meeting and C=Compliance Report.) Note: The U.S. Department of Education does not have the authority to accredit private or public elementary or secondary schools, and the Department does not recognize accrediting bodies for the accreditation of private or public elementary and secondary schools. However, the U.S. Department of Education does recognize accrediting bodies for the accreditation of institutions of higher (postsecondary) education. If an accrediting body which is recognized by the Department for higher education also accredits elementary and secondary schools, the Department's recognition applies only to the agency's accreditation of postsecondary institutions.Accrediting Commission of Career Schools and Colleges
Michale McComis, Executive Director Accrediting Council for Continuing Education and Training Roger J. Williams, Executive Director Accrediting Council for Independent Colleges and Schools Albert C. Gray Council on Occupational Education Gary Puckett, Executive Director Distance Education and Training Council, Accrediting Commission Michael P. Lambert, Executive Director Middle States Commission on Higher Education Elizabeth H. Sibolski, President 2004/2012/S2014-C Scope of recognition: the accreditation of institutions with postsecondary, non-degree granting career and technology programs in Delaware, Maryland, New Jersey, New York, Pennsylvania, the Commonwealth of Puerto Rico, the District of Columbia, and the U.S. Virgin Islands including those that offer all or part of their educational programs via distance education modalities. Title IV Note:Only those vocational/technical schools accredited by this agency that offer non-degree, postsecondary education may use that accreditation to establish eligibility to participate in Title IV programs. Henry Cram, President New England Association of Schools and Colleges, Commission on Institutions
of Higher Education Barbara E. Brittingham, Director New York State Board of Regents, and the Commissioner of Education John B. King, Jr., Commissioner of Education North Central Association of Colleges and Schools, The Higher Learning
Commission Sylvia Manning, President Northwest Commission on Colleges and Universities Sandra E. Elman, President Southern Association of Colleges and Schools, Commission on Colleges Belle S. Wheelan, President Transnational Association of Christian Colleges and Schools, Accreditation
Commission T. Paul Boatner, President Western Association of Schools and Colleges, Accrediting Commission
for Community and Junior Colleges Barbara A. Beno, President Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities Ralph Wolff Specialized Accrediting Agencies The dates specified for each entry are the date of initial listing as a recognized agency, the date of the Secretary's most recent grant of renewed recognition, and the date of the agency's next scheduled review for renewal of recognition by the National Advisory Committee on Institutional Quality and Integrity. (Note: S = Spring meeting and F = Fall meeting and C=Compliance Report) ARTS AND HUMANITIES |EDUCATION TRAINING |LEGAL |COMMUNITY AND SOCIAL SERVICES |PERSONAL CARE AND SERVICES| HEALTHCARE| ARTS AND HUMANITIESNational Association of Schools of Art and Design, Commission on Accreditation Samuel Hope, Executive Director National Association of Schools of Dance, Commission on Accreditation Samuel Hope, Executive Director National Association of Schools of Music, Commission on Accreditation, Samuel Hope, Executive Director National Association of Schools of Theatre, Commission on Accreditation
Samuel Hope, Executive Director Montessori Accreditation Council for Teacher Education
Rebecca Pelton, Executive Director National Council for Accreditation of Teacher Education James G. Cibulka, President Teacher Education Accreditation Council, Accreditation Committee Mark LaCelle-Peterson , President American Bar Association, Council of the Section of Legal Education and
Admissions to the Bar Barry A. Currier American Association for Marriage and Family Therapy, Commission on Accreditation
for Marriage and Family Therapy Education Tanya A. Tamarkin Association for Biblical Higher Education, Commission on Accreditation
Ronald C. Kroll Association for Clinical Pastoral Education, Inc., Accreditation Commission
Teresa E. Snorton, Executive Director Association of Advanced Rabbinical and Talmudic Schools, Accreditation Commission
Bernard Fryshman, Executive Vice-President Commission on Accrediting of the Association of Theological Schools
Daniel O. Aleshire, Executive Director Commission on English Language Program Accreditation Teresa D. O'Donnell, Executive Director American Board of Funeral Service Education, Committee on Accreditation
Michael Smith, Executive Director Commission on Massage Therapy Accreditation Kate Zulaski National Accrediting Commission of Career Arts and Sciences, Inc. Anthony Mirando Academy of Nutrition and Dietetics, Accreditation Council for Education in Nutrition and Dietetics Ulric K. Chung, Executive Director Accreditation Commission for Acupuncture and Oriental Medicine William W. Goding, Interim Executive Director Accreditation Commission for Midwifery Education Susan E. Stone Accreditation Council for Pharmacy Education Peter H. Vlasses, Executive Director Accrediting Bureau of Health Education Schools Carol Moneymaker, Executive Director American Dental Association, Commission on Dental Accreditation Sherin Tooks, Director American Occupational Therapy Association, Accreditation Council for Occupational
Therapy Education Neil Harvison American Optometric Association, Accreditation Council on Optometric
Education Joyce L. Urbeck, Administrative Director American Osteopathic Association, Commission on Osteopathic College Accreditation
Konrad C. Miskowicz-Retz, Director American Physical Therapy Association, Commission on Accreditation in Physical
Therapy Education Mary Jane Harris, Director American Podiatric Medical Association, Council on Podiatric Medical Education
Alan R. Tinkleman, Director American Psychological Association, Commission on Accreditation Susan Zlotlow, Director American Speech-Language-Hearing Association, Council on Academic Accreditation
in Audiology and Speech-Language Pathology Patrima L. Tice American Veterinary Medical Association, Council on Education David E. Granstrom, Commission on Acceditation of Healthcare Management Education Anthony Wisniewski, President and CEO Commission on Collegiate Nursing Education Jennifer L. Butlin, Executive Director Council on Accreditation of Nurse Anesthesia Educational Programs Francis Gerbasi The Council on Chiropractic Education S. Ray Bennett, Director of Accreditation Services Council on Education for Public Health Laura Rasar King, Executive Director Council on Naturopathic Medical Education Daniel Seitz Joint Review Committee on Education in Radiologic Technology
Leslie F. Winter, Chief Executive Director Liaison Committee on Medical Education The LCME is administered in odd-numbered years, beginning each July 1, by: Barbara Barzanski, Interim Secretary The LCME is administered in even-numbered years, beginning
each July 1, by: Midwifery Education Accreditation Council Sandra Bitonti Stewart, Executive Director National League for Nursing Accrediting Commission Sharon J. Tanner, Executive Director Accrediting Agencies Recognized for their Preaccreditation Categories Under the terms of the Higher Education Act and other Federal legislation providing funding assistance to postsecondary education, an institution or program is eligible to apply for participation in certain Federal programs if, in addition to meeting other statutory requirements, it is accredited by a nationally recognized accrediting agency or if it is an institution or program with respect to which the U.S. Secretary of Education has determined that there is satisfactory assurance the institution or program will meet the accreditation standards of such an agency or association within a reasonable time. An institution of program may establish satisfactory assurance of accreditation by acquiring preaccreditation status with a nationally recognized agency that has been recognized by the U.S. Secretary of Education for the award of such status. According to the Criteria for Nationally Recognized Accrediting Agencies, if an accrediting agency has developed a preaccreditation status, it must demonstrate that it applies criteria and follows procedures that are appropriately related to those used to award accreditation status. The criteria for recognition also require an agency's standards for preaccreditation to permit an institution or program to hold preaccreditation no more than five years. The following is a list of accrediting agencies recognized for their preaccreditation categories and the categories that are recognized: Regional Institutional Accrediting Agencies MIDDLE STATES COMMISSION ON HIGHER EDUCATION: Candidate for Accreditation NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES: NORTH CENTRAL ASSOCIATION OF COLLEGES AND SCHOOLS-- NORTHWEST COMMISSION ON COLLEGES AND UNIVERSITIES: Candidate for Accreditation SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS-- WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES-- National Institutional and Specialized Accrediting Bodies ACCREDITATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE: Preaccreditation - Candidacy status ACCREDITATION COMMISSION FOR MIDWIFERY EDUCATION: Preaccreditation ACCREDITATION COUNCIL FOR PHARMACY EDUCATION: Candidate, Precandidate AMERICAN ASSOCIATION FOR MARRIAGE AND FAMILY THERAPY AMERICAN DIETETIC ASSOCIATION— American Commission on Education in Nutrition and Dietetics: pre-accreditation AMERICAN OPTOMETRIC ASSOCIATION--Council on Optometric Education: Reasonable Assurance and Preliminary Approval (for professional degree programs); Candidacy Pending (for optometric residency programs in Veterans' Administration facilities) AMERICAN OSTEOPATHIC ASSOCIATION-- AMERICAN PHYSICAL THERAPY ASSOCIATION-- AMERICAN PODIATRIC ASSOCIATION-- AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION-- AMERICAN VETERINARY MEDICAL ASSOCIATION-- ASSOCIATION FOR BIBLICAL HIGHER EDUCATION-- ASSOCIATION OF ADVANCED RABBINICAL AND TALMUDIC SCHOOLS-- COMMISSION ON ACCREDITING OF THE ASSOCIATION OF THEOLOGICAL SCHOOLS: Candidate for Accredited Membership COUNCIL ON EDUCATION FOR PUBLIC HEALTH: Preaccreditation COUNCIL ON NATUROPATHIC MEDICAL EDUCATION: Pre-accreditation COUNCIL ON OCCUPATIONAL EDUCATION: Candidate for Accreditation MIDWIFERY EDUCATION ACCREDITATION COUNCIL: Preaccreditation TEACHER EDUCATION ACCREDITATION COUNCIL TRANSNATIONAL ASSOCIATION OF CHRISTIAN COLLEGES AND SCHOOLS: Candidate for Accreditation Accrediting Agencies Recognized for Title IV Purposes The following is a list of accrediting agencies whose accreditation enables the institutions they accredit to establish eligibility to participate in the Federal student financial assistance programs administered by the Department under Title IV of the Higher Education Act of 1965 as amended. *ACCREDITATION COMMISSION FOR ACUPUNCTURE AND ORIENTAL MEDICINE (FORMERLY NACAOM) ACCREDITATION COMMISSION FOR MIDWIFERY EDUCATION ACCREDITING BUREAU OF HEALTH EDUCATION SCHOOLS ACCREDITING COMMISSION OF CAREER SCHOOLS AND COLLEGES ACCREDITING COUNCIL FOR CONTINUING EDUCATION AND TRAINING ACCREDITING COUNCIL FOR INDEPENDENT COLLEGES AND SCHOOLS AMERICAN BAR ASSOCIATION, COUNCIL OF THE SECTION OF LEGAL EDUCATION AND ADMISSIONS
TO THE BAR AMERICAN BOARD OF FUNERAL SERVICE EDUCATION, COMMITTEE ON ACCREDITATION AMERICAN DIETETIC ASSOCIATION, AMERICAN COMMISSION ON EDUCATION IN NUTRITION AND DIETETICS EDUCATION *AMERICAN OSTEOPATHIC ASSOCIATION, COMMISSION ON OSTEOPATHIC COLLEGE ACCREDITATION *AMERICAN PODIATRIC MEDICAL ASSOCIATION, COUNCIL ON PODIATRIC MEDICAL EDUCATION *ASSOCIATION FOR BIBlICAL HIGHER EDUCATION, COMMISSION ON ACCREDITATION *ASSOCIATION OF ADVANCED RABBINICAL AND TALMUDIC SCHOOLS, ACCREDITATION COMMISSION *COMMISSION ON ACCREDITING OF THE ASSOCIATION OF THEOLOGICAL SCHOOLS COMMISSION ON MASSAGE THERAPY ACCREDITATION THE COUNCIL ON CHIROPRACTIC EDUCATION, COMMISSION ON ACCREDITATION COUNCIL ON ACCREDITATION OF NURSE ANESTHESIA EDUCATIONAL PROGRAMS *COUNCIL ON OCCUPATIONAL EDUCATION, COMMISSION (FORMERLY SACS-COEI) DISTANCE EDUCATION AND TRAINING COUNCIL, ACCREDITING COMMISSION JOINT REVIEW COMMITTEE ON EDUCATION IN RADIOLOGIC TECHNOLOGY *MIDDLE STATES COMMISSION ON HIGHER EDUCATION MIDDLE STATES COMMISSION ON SECONDARY SCHOOLS MIDWIFERY EDUCATION ACCREDITATION COUNCIL MONTESSORI ACCREDITATION COUNCIL FOR TEACHER EDUCATION
NATIONAL ACCREDITING COMMISSION OF CAREER ARTS & SCIENCES, INC. NATIONAL ASSOCIATION OF SCHOOLS OF ART AND DESIGN, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF DANCE, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF MUSIC, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF THEATRE, COMMISSION ON ACCREDITATION NATIONAL LEAGUE FOR NURSING ACCREDITING COMMISSION *NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES, COMMISSION ON INSTITUTIONS OF HIGHER EDUCATION NEW YORK STATE BOARD OF REGENTS, AND THE COMMISSIONER OF EDUCATION *NORTH CENTRAL ASSOCIATION OF COLLEGES AND SCHOOLS, THE HIGHER LEARNING COMMISSION *NORTHWEST COMMISSION ON COLLEGES AND UNIVERSITIES *SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS, COMMISSION ON COLLEGES *TRANSNATIONAL ASSOCIATION OF CHRISTIAN COLLEGES AND SCHOOLS, ACCREDITING COMMISSION *WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING COMMISSION FOR COMMUNITY AND JUNIOR COLLEGES *WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING COMMISSION FOR SENIOR COLLEGES AND UNIVERSITIES * Preaccreditation status may be used as an alternative to full accreditation by any public or private non-profit institutions accredited by this agency for the purpose of establishing eligibility to participate in Title IV programs. Please note that preaccreditation is not available as an option for establishing such eligibility by a for-profit institution accredited by this agency.
Accrediting Agencies Recognized for Distance Education and Correspondence Education ACCREDITING AGENCIES RECOGNIZED FOR DISTANCE EDUCATION AND/OR CORRESPONDENCE EDUCATION. Current regulations, that became effective on July 1, 2010, distinguish between “distance education” and “correspondence education.” Accrediting agencies that have been reviewed since that date have been required to state whether they wish to have distance education, correspondence education, or both in their scope of recognition. Agencies that have not yet been reviewed for renewal of their recognition, and that previously had distance education in their scope, are recognized for both distance education and correspondence education. That status may change following their next scheduled review. The following list includes those agencies whose accreditation enables the institutions they accredit to establish eligibility to participate in the Federal Student Assistant Program. Each of these is designated as “Title IV gatekeeper”. It also includes agencies that only accredit programs. Each of these is designated as “Not Title IV gatekeeper”. I. Agencies that have been reviewed since July 1, 2010 that are recognized for distance education and/or correspondence education ACCREDITATION COMMISSION FOR MIDWIFERY EDUCATION ACCREDITING BUREAU OF HEALTH EDUCATION SCHOOLS ACCREDITING COMMISSION OF CAREER SCHOOLS AND COLLEGES ACCREDITING COUNCIL FOR INDEPENDENT COLLEGES AND SCHOOLS ACCREDITATION COUNCIL FOR PHARMACY EDUCATION AMERICAN BOARD OF FUNERAL SERVICE EDUCATION, COMMITTEE ON ACCREDITATION AMERICAN DENTAL ASSOCIATION, COMMISSION ON DENTAL ACCREDITATION AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ACCREDITATION COUNCIL FOR OCCUPATIONAL THERAPY EDUCATION AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, COUNCIL ON ACADEMIC ACCREDITATION IN AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY (THE) ASSOCIATION FOR BIBLICAL HIGHER EDUCATION, COMMISSION ON ACCREDITATION COMMISSION ON ACCREDITING OF THE ASSOCIATION OF THEOLOGICAL SCHOOLS COMMISSION ON COLLEGIATE NURSING EDUCATION COMMISSION ON MASSAGE THERAPY ACCREDITATION COUNCIL ON OCCUPATIONAL EDUCATION DISTANCE EDUCATION AND TRAINING COUNCIL, ACCREDITING COMMISSION JOINT REVIEW COMMITTEE ON EDUCATION IN RADIOLOGIC TECHNOLOGY MIDWIFERY EDUCATION ACCREDITATION COUNCIL MONTESSORI ACCREDITATION COUNCIL FOR TEACHER EDUCATION MIDDLE STATES COMMISSION ON SECONDARY SCHOOLS NATIONAL LEAGUE FOR NURSING ACCREDITING COMMISSION SOUTHERN ASSOCIATION OF COLLEGES AND SCHOOLS, COMMISSION ON COLLEGES TRANSNATIONAL ASSOCIATION OF CHRISTIAN COLLEGES AND SCHOOLS, ACCREDITING COMMISSION II. Agencies that were recognized for distance education prior to the new definitions. Their recognition currently encompasses correspondence education. ACCREDITING COUNCIL FOR CONTINUING EDUCATION AND TRAINING ACADEMY OF NUTRITIOIN AND DIETETICS, ACCREDITATION COUNCIL FOR EDUCATION IN NUTRITION AND DIETETICS AMERICAN PHYSICAL THERAPY ASSOCIATION, COMMISSION ON ACCREDITATION IN PHYSICAL THERAPY EDUCATION COUNCIL ON ACCREDITATION OF NURSE ANESTHESIA EDUCATIONAL PROGRAMS COUNCIL ON EDUCATION FOR PUBLIC HEALTH MIDDLE STATES COMMISSION ON HIGHER EDUCATION NATIONAL ASSOCIATION OF SCHOOLS OF ART AND DESIGN, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF DANCE, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF MUSIC, COMMISSION ON ACCREDITATION NATIONAL ASSOCIATION OF SCHOOLS OF THEATRE, COMMISSION ON ACCREDITATION NATIONAL COUNCIL FOR ACCREDITATION OF TEACHER EDUCATION NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES, COMMISSION ON INSTITUTIONS OF HIGHER EDUCATION NEW YORK STATE BOARD OF REGENTS, AND THE COMMISSIONER OF EDUCATION NORTH CENTRAL ASSOCIATION OF COLLEGES AND SCHOOLS, THE HIGHER LEARNING COMMISSION NORTHWEST COMMISSION ON COLLEGES AND UNIVERSITIES WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING COMMISSION FOR COMMUNITY AND JUNIOR COLLEGES WESTERN ASSOCIATION OF SCHOOLS AND COLLEGES, ACCREDITING COMMISSION FOR SENIOR COLLEGES AND UNIVERSITIES
Part 602 - Secretary's Recognition of Accrediting Agencies The procedures and criteria for recognizing accrediting agencies are contained in Title 34 of the Code of Federal Regulations. The following procedures and criteria that went into effect July 1, 2010 were published in the Federal Register on October 27, 2009. Guidelines have been developed to assist in the preparation and review of petitions and compliance reports. MS Word (513K) | PDF (771K) Dear Colleague Letter: Guidance to Institutions and Accrediting Agencies Regarding a Credit Hour as Defined in the Final Regulations Published on October 29, 2010 (March 18, 2011) | PDF (includes enclosures) PART 602--THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES Sec. Subpart B--The Criteria for Recognition Basic Eligibility Requirements 602.10 Link to Federal programs. Organizational and Administrative Requirements 602.14 Purpose and organization. Required Standards and Their Application 602.16 Accreditation and preaccreditation standards. Required Operating Policies and Procedures 602.22 Substantive change. Subpart C--The Recognition Process Application and Review by Department Staff 602.30 Activities covered by recognition procedures. Review by the National Advisory Committee on Institutional Quality and Integrity
602.34 Advisory Committee meetings. Review and Decision by the Senior Department Official 602.36 Senior Department official's decision Appeal Rights and Procedures 602.37 Appealing the senior Department official’s decision to the Secretary. Subpart D--Department Responsibility 602.50 What information does the Department share with a recognized agency about its accredited institutions and programs? Authority: 20 U.S.C. 1099b, unless otherwise noted. Guidelines for Petitions and Compliance Reports Guidelines have been developed to assist in the preparation and review of petitions and compliance reports. MS Word (513K) | PDF (771K) Subpart A - General 602.1 Why does the Secretary recognize accrediting agencies? (a) The Secretary recognizes accrediting agencies to ensure that these agencies are, for the purposes of the Higher Education Act of 1965, as amended (HEA), or for other Federal purposes, reliable authorities regarding the quality of education or training offered by the institutions or programs they accredit. (b) The Secretary lists an agency as a nationally recognized accrediting agency if the agency meets the criteria for recognition listed in subpart B of this part. (Authority: 20 U.S.C. 1099b) 602.2 How do I know which agencies the Secretary recognizes? (a) Periodically, the Secretary publishes a list of recognized agencies in the Federal Register, together with each agency's scope of recognition. You may obtain a copy of the list from the Department at any time. The list is also available on the Department's Web site. (b) If the Secretary denies continued recognition to a previously recognized agency, or if the Secretary limits, suspends, or terminates the agency's recognition before the end of its recognition period, the Secretary publishes a notice of that action in the Federal Register. The Secretary also makes the reasons for the action available to the public, on request. (Authority: 20 U.S.C. 1099b) 602.3 What definitions apply to this part? The following definitions apply to this part: Accreditation means the status of public recognition that an accrediting agency grants to an educational institution or program that meets the agency's standards and requirements. Accrediting agency or agency means a legal entity, or that part of a legal entity, that conducts accrediting activities through voluntary, non-Federal peer review and makes decisions concerning the accreditation or preaccreditation status of institutions, programs, or both. Act means the Higher Education Act of 1965, as amended. Adverse accrediting action or adverse action means the denial, withdrawal, suspension, revocation, or termination of accreditation or preaccreditation, or any comparable accrediting action an agency may take against an institution or program. Advisory Committee means the National Advisory Committee on Institutional Quality and Integrity. Branch campus means a location of an institution that meets the definition of branch campus in 34 CFR 600.2. Compliance Report means a written report that the Department requires an agency to file to demonstrate that the agency has addressed deficiencies specified in a decision letter from the senior Department official or the Secretary. Correspondence education means (1) Education provided through one or more courses by an institution under which the institution provides instructional materials, by mail or electronic transmission, including examinations on the materials, to students who are separated from the instructor. (2) Interaction between the instructor and the student is limited, is not regular and substantive, and is primarily initiated by the student. (3) Correspondence courses are typically self-paced. (4) Correspondence education is not distance education. Designated Federal Official means the Federal officer designated under section 10(f) of the Federal Advisory Committee Act, 5 U.S.C. Appdx. 1. Direct assessment program means an instructional program that, in lieu of credit hours or clock hours as a measure of student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, and meets the conditions of 34 CFR 668.10. For title IV, HEA purposes, the institution must obtain approval for the direct assessment program from the Secretary under 34 CFR 668.10(g) or (h) as applicable. As part of that approval, the accrediting agency must-- (1) Evaluate the program(s) and include them in the institution's grant of accreditation or preaccreditation; and (2) Review and approve the institution's claim of each direct assessment program's equivalence in terms of credit or clock hours. Distance education means education that uses one or more of the technologies listed in paragraphs (1) through (4) to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor, either synchronously or asynchronously. The technologies may include-- (1) The internet; (2) One-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communications devices; (3) Audioconferencing; or (4) Video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies listed in paragraphs (1) through (3). Final accrediting action means a final determination by an accrediting agency regarding the accreditation or preaccreditation status of an institution or program. A final accrediting action is not appealable within the agency. Institution of higher education or institution means an educational institution that qualifies, or may qualify, as an eligible institution under 34 CFR part 600. Institutional accrediting agency means an agency that accredits institutions of higher education. Nationally recognized accrediting agency, nationally recognized agency, or recognized agency means an accrediting agency that the Secretary recognizes under this part. Preaccreditation means the status of public recognition that an accrediting agency grants to an institution or program for a limited period of time that signifies the agency has determined that the institution or program is progressing towards accreditation and is likely to attain accreditation before the expiration of that limited period of time. Program means a postsecondary educational program offered by an institution of higher education that leads to an academic or professional degree, certificate, or other recognized educational credential. Programmatic accrediting agency means an agency that accredits specific educational programs that prepare students for entry into a profession, occupation, or vocation. Recognition means an unappealed determination by the senior Department official under 602.36, or a determination by the Secretary on appeal under 602.37, that an accrediting agency complies with the criteria for recognition listed in subpart B of this part and that the agency is effective in its application of those criteria. A grant of recognition to an agency as a reliable authority regarding the quality of education or training offered by institutions or programs it accredits remains in effect for the term granted except upon a determination made in accordance with subpart C of this part that the agency no longer complies with the subpart B criteria or that it has become ineffective in its application of those criteria. Representative of the public means a person who is not-- (1) An employee, member of the governing board, owner, or shareholder of, or consultant to, an institution or program that either is accredited or preaccredited by the agency or has applied for accreditation or preaccreditation; (2) A member of any trade association or membership organization related to, affiliated with, or associated with the agency; or (3) A spouse, parent, child, or sibling of an individual identified in paragraph (1) or (2) of this definition. Scope of recognition or scope means the range of accrediting activities for which the Secretary recognizes an agency. The Secretary may place a limitation on the scope of an agency's recognition for Title IV, HEA purposes. The Secretary's designation of scope defines the recognition granted according to-- (1) Geographic area of accrediting activities; (2) Types of degrees and certificates covered; (3) Types of institutions and programs covered; (4) Types of preaccreditation status covered, if any; and (5) Coverage of accrediting activities related to distance education or correspondence education, if any. Secretary means the Secretary of the U.S. Department of Education or any official or employee of the Department acting for the Secretary under a delegation of authority Senior Department official means the senior official in the U.S. Department of Education who reports directly to the Secretary regarding accrediting agency recognition. State means a State of the Union, American Samoa, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. The latter three are also known as the Freely Associated States. Teach-out agreement means a written agreement between institutions that provides for the equitable treatment of students and a reasonable opportunity for students to complete their program of study if an institution, or an institutional location that provides one hundred percent of at least one program offered, ceases to operate before all enrolled students have completed their program of study. Teach-out plan means a written plan developed by an institution that provides for the equitable treatment of students if an institution, or an institutional location that provides one hundred percent of at least one program, ceases to operate before all students have completed their program of study, and may include, if required by the institution's accrediting agency, a teach-out agreement between institutions. (Authority: 20 U.S.C. 1099b) Subpart B - The Criteria for Recognition BASIC ELIGIBILITY REQUIREMENTS602.10 Link to Federal programs. The agency must demonstrate that-- (a) If the agency accredits institutions of higher education, its accreditation is a required element in enabling at least one of those institutions to establish eligibility to participate in HEA programs; or (b) If the agency accredits institutions of higher education or higher education programs, or both, its accreditation is a required element in enabling at least one of those entities to establish eligibility to participate in non-HEA Federal programs. (Authority: 20 U.S.C. 1099b) 602.11 Geographic scope of accrediting activities. The agency must demonstrate that its accrediting activities cover-- (a) A State, if the agency is part of a State government; (b) A region of the United States that includes at least three States that are reasonably close to one another; or (c) The United States. (Authority: 20 U.S.C. 1099b) 602.12 Accrediting experience. (a) An agency seeking initial recognition must demonstrate that it has-- (1) Granted accreditation or preaccreditation-- (i) To one or more institutions if it is requesting recognition as an institutional accrediting agency and to one or more programs if it is requesting recognition as a programmatic accrediting agency; (ii) That covers the range of the specific degrees, certificates, institutions, and programs for which it seeks recognition; and (iii) In the geographic area for which it seeks recognition; and (2) Conducted accrediting activities, including deciding whether to grant or deny accreditation or preaccreditation, for at least two years prior to seeking recognition. (b) A recognized agency seeking an expansion of its scope of recognition must demonstrate that it has granted accreditation or preaccreditation covering the range of the specific degrees, certificates, institutions, and programs for which it seeks the expansion of scope. (Authority: 20 U.S.C. 1099b) 602.13 Acceptance of the agency by others. The agency must demonstrate that its standards, policies, procedures, and decisions to grant or deny accreditation are widely accepted in the United States by-- (a) Educators and educational institutions; and (b) Licensing bodies, practitioners, and employers in the professional or vocational fields for which the educational institutions or programs within the agency's jurisdiction prepare their students. (Authority: 20 U.S.C. 1099b) ORGANIZATIONAL AND ADMINISTRATIVE REQUIREMENTS 602.14 Purpose and organization. (a) The Secretary recognizes only the following four categories of agencies:
(b) For purposes of this section, the term separate and independent means that-- (1) The members of the agency's decision-making body--who decide the accreditation or preaccreditation status of institutions or programs, establish the agency's accreditation policies, or both--are not elected or selected by the board or chief executive officer of any related, associated, or affiliated trade association or membership organization; (2) At least one member of the agency's decision-making body is a representative of the public, and at least one-seventh of that body consists of representatives of the public; (3) The agency has established and implemented guidelines for each member of the decision-making body to avoid conflicts of interest in making decisions; (4) The agency's dues are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and (5) The agency develops and determines its own budget, with no review by or consultation with any other entity or organization. (c) The Secretary considers that any joint use of personnel, services, equipment, or facilities by an agency and a related, associated, or affiliated trade association or membership organization does not violate the "separate and independent" requirements in paragraph (b) of this section if-- (1) The agency pays the fair market value for its proportionate share of the joint use; and (2) The joint use does not compromise the independence and confidentiality of the accreditation process. (d) For purposes of paragraph (a)(3) of this section, the Secretary may waive the "separate and independent" requirements in paragraph (b) of this section if the agency demonstrates that-- (1) The Secretary listed the agency as a nationally recognized agency on or before October 1, 1991 and has recognized it continuously since that date; (2) The related, associated, or affiliated trade association or membership organization plays no role in making or ratifying either the accrediting or policy decisions of the agency; (3) The agency has sufficient budgetary and administrative autonomy to carry out its accrediting functions independently; and (4) The agency provides to the related, associated, or affiliated trade association or membership organization only information it makes available to the public. (e) An agency seeking a waiver of the "separate and independent" requirements under paragraph (d) of this section must apply for the waiver each time the agency seeks recognition or continued recognition. (Authority: 20 U.S.C. 1099b) 602.15 Administrative and fiscal responsibilities. The agency must have the administrative and fiscal capability to carry out its accreditation activities in light of its requested scope of recognition. The agency meets this requirement if the agency demonstrates that-- (a) The agency has-- (1) Adequate administrative staff and financial resources to carry out its accrediting responsibilities; (2) Competent and knowledgeable individuals, qualified by education and experience in their own right and trained by the agency on their responsibilities, as appropriate for their roles, regarding the agency's standards, policies, and procedures, to conduct its on-site evaluations, apply or establish its policies, and make its accrediting and preaccrediting decisions, including, if applicable to the agency's scope, their responsibilities regarding distance education and correspondence education; (3) Academic and administrative personnel on its evaluation, policy, and decision-making bodies, if the agency accredits institutions; (4) Educators and practitioners on its evaluation, policy, and decision-making bodies, if the agency accredits programs or single-purpose institutions that prepare students for a specific profession; (5) Representatives of the public on all decision-making bodies; and (6) Clear and effective controls against conflicts of interest, or the appearance of conflicts of interest, by the agency's- (i) Board members; (ii) Commissioners; (iii) Evaluation team members; (iv) Consultants; (v) Administrative staff; and (vi) Other agency representatives; and (b) The agency maintains complete and accurate records of-- (1) Its last full accreditation or preaccreditation review of each institution or program, including on-site evaluation team reports, the institution's or program's responses to on-site reports, periodic review reports, any reports of special reviews conducted by the agency between regular reviews, and a copy of the institution's or program's most recent self-study; and (2) All decisions made throughout an institution's or program's affiliation with the agency regarding the accreditation and preaccreditation of any institution or program and substantive changes, including all correspondence that is significantly related to those decisions. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) REQUIRED STANDARDS AND THEIR APPLICATION 602.16 Accreditation and preaccreditation standards. (a) The agency must demonstrate that it has standards for accreditation, and preaccreditation, if offered, that are sufficiently rigorous to ensure that the agency is a reliable authority regarding the quality of the education or training provided by the institutions or programs it accredits. The agency meets this requirement if- (1) The agency's accreditation standards effectively address the quality of the institution or program in the following areas: (i) Success with respect to student achievement in relation to the institution's mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of course completion, State licensing examination, and job placement rates. (ii) Curricula. (iii) Faculty. (iv) Facilities, equipment, and supplies. (v) Fiscal and administrative capacity as appropriate to the specified scale of operations. (vi) Student support services. (vii) Recruiting and admissions practices, academic calendars, catalogs, publications, grading, and advertising. (viii) Measures of program length and the objectives of the degrees or credentials offered. (ix) Record of student complaints received by, or available to, the agency. (x) Record of compliance with the institution's program responsibilities under Title IV of the Act, based on the most recent student loan default rate data provided by the Secretary, the results of financial or compliance audits, program reviews, and any other information that the Secretary may provide to the agency; and (2) The agency's preaccreditation standards, if offered, are appropriately related to the agency's accreditation standards and do not permit the institution or program to hold preaccreditation status for more than five years. (b) If the agency only accredits programs and does not serve as an institutional accrediting agency for any of those programs, its accreditation standards must address the areas in paragraph (a)(1) of this section in terms of the type and level of the program rather than in terms of the institution. (c) If the agency has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or correspondence education, the agency's standards must effectively address the quality of an institution's distance education or correspondence education in the areas identified in paragraph (a)(1) of this section. The agency is not required to have separate standards, procedures, or policies for the evaluation of distance education or correspondence education; (d) If none of the institutions an agency accredits participates in any Title IV, HEA program, or if the agency only accredits programs within institutions that are accredited by a nationally recognized institutional accrediting agency, the agency is not required to have the accreditation standards described in paragraphs (a)(1)(viii) and (a)(1)(x) of this section. (e) An agency that has established and applies the standards in paragraph (a) of this section may establish any additional accreditation standards it deems appropriate. (f) Nothing in paragraph (a) of this section restricts-- (1) An accrediting agency from setting, with the involvement of its members, and applying accreditation standards for or to institutions or programs that seek review by the agency; or (2) An institution from developing and using institutional standards to show its success with respect to student achievement, which achievement may be considered as part of any accreditation review. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) 602.17 Application of standards in reaching an accrediting decision. The agency must have effective mechanisms for evaluating an institution's or program's compliance with the agency's standards before reaching a decision to accredit or preaccredit the institution or program. The agency meets this requirement if the agency demonstrates that it-- (a) Evaluates whether an institution or program-- (1) Maintains clearly specified educational objectives that are consistent with its mission and appropriate in light of the degrees or certificates awarded; (2) Is successful in achieving its stated objectives; and (3) Maintains degree and certificate requirements that at least conform to commonly accepted standards; (b) Requires the institution or program to prepare, following guidance provided by the agency, an in-depth self-study that includes the assessment of educational quality and the institution's or program's continuing efforts to improve educational quality; (c) Conducts at least one on-site review of the institution or program during which it obtains sufficient information to determine if the institution or program complies with the agency's standards; (d) Allows the institution or program the opportunity to respond in writing to the report of the on-site review; (e) Conducts its own analysis of the self-study and supporting documentation furnished by the institution or program, the report of the on-site review, the institution's or program's response to the report, and any other appropriate information from other sources to determine whether the institution or program complies with the agency's standards; (f) Provides the institution or program with a detailed written report that assesses-- (1) The institution's or program's compliance with the agency's standards, including areas needing improvement; and (2) The institution's or program's performance with respect to student achievement; and (g) Requires institutions that offer distance education or correspondence education to have processes in place through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the course or program and receives the academic credit. The agency meets this requirement if it-- (1) Requires institutions to verify the identity of a student who participates in class or coursework by using, at the option of the institution, methods such as-- (i) A secure login and pass code; (ii) Proctored examinations; and. (iii) New or other technologies and practices that are effective in verifying student identity; and (2) Makes clear in writing that institutions must use processes that protect student privacy and notify students of any projected additional student charges associated with the verification of student identity at the time of registration or enrollment. (Authority: 20 U.S.C. 1099b) 602.18 Ensuring consistency in decision-making. The agency must consistently apply and enforce standards that respect the stated mission of the institution, including religious mission, and that ensure that the education or training offered by an institution or program, including any offered through distance education or correspondence education, is of sufficient quality to achieve its stated objective for the duration of any accreditation or preaccreditation period granted by the agency. The agency meets this requirement if the agency-- (a) Has written specification of the requirements for accreditation and preaccreditation that include clear standards for an institution or program to be accredited; (b) Has effective controls against the inconsistent application of the agency's standards; (c) Bases decisions regarding accreditation and preaccreditation on the agency's published standards; (d) Has a reasonable basis for determining that the information the agency relies on for making accrediting decisions is accurate; and (e) Provides the institution or program with a detailed written report that clearly identifies any deficiencies in the institution's or program's compliance with the agency's standards. (Authority: 20 U.S.C. 1099b) 602.19 Monitoring and reevaluation of accredited institutions and programs. (a) The agency must reevaluate, at regularly established intervals, the institutions or programs it has accredited or preaccredited. (b) The agency must demonstrate it has, and effectively applies, a set of monitoring and evaluation approaches that enables the agency to identify problems with an institution's or program's continued compliance with agency standards and that takes into account institutional or program strengths and stability. These approaches must include periodic reports, and collection and analysis of key data and indicators, identified by the agency, including, but not limited to, fiscal information and measures of student achievement, consistent with the provisions of 602.16(f). This provision does not require institutions or programs to provide annual reports on each specific accreditation criterion. (c) Each agency must monitor overall growth of the institutions or programs it accredits and, at least annually, collect headcount enrollment data from those institutions or programs. (d) Institutional accrediting agencies must monitor the growth of programs at institutions experiencing significant enrollment growth, as reasonably defined by the agency. (e) Any agency that has notified the Secretary of a change in its scope in accordance with 602.27(a)(5) must monitor the headcount enrollment of each institution it has accredited that offers distance education or correspondence education. If any such institution has experienced an increase in headcount enrollment of 50 percent or more within one institutional fiscal year, the agency must report that information to the Secretary within 30 days of acquiring such data. (Authority: 20 U.S.C. 1099b) 602.20 Enforcement of standards. (a) If the agency's review of an institution or program under any standard indicates that the institution or program is not in compliance with that standard, the agency must-- (1) Immediately initiate adverse action against the institution or program; or (2) Require the institution or program to take appropriate action to bring itself into compliance with the agency's standards within a time period that must not exceed-- (i) Twelve months, if the program, or the longest program offered by the institution, is less than one year in length; (ii) Eighteen months, if the program, or the longest program offered by the institution, is at least one year, but less than two years, in length; or (iii) Two years, if the program, or the longest program offered by the institution, is at least two years in length. (b) If the institution or program does not bring itself into compliance within the specified period, the agency must take immediate adverse action unless the agency, for good cause, extends the period for achieving compliance. (Authority: 20 U.S.C. 1099b) 602.21 Review of standards. (a) The agency must maintain a systematic program of review that demonstrates that its standards are adequate to evaluate the quality of the education or training provided by the institutions and programs it accredits and relevant to the educational or training needs of students. (b) The agency determines the specific procedures it follows in evaluating its standards, but the agency must ensure that its program of review-- (1) Is comprehensive; (2) Occurs at regular, yet reasonable, intervals or on an ongoing basis; (3) Examines each of the agency's standards and the standards as a whole; and (4) Involves all of the agency's relevant constituencies in the review and affords them a meaningful opportunity to provide input into the review. (c) If the agency determines, at any point during its systematic program of review, that it needs to make changes to its standards, the agency must initiate action within 12 months to make the changes and must complete that action within a reasonable period of time. Before finalizing any changes to its standards, the agency must-- (1) Provide notice to all of the agency's relevant constituencies, and other parties who have made their interest known to the agency, of the changes the agency proposes to make; (2) Give the constituencies and other interested parties adequate opportunity to comment on the proposed changes; and (3) Take into account any comments on the proposed changes submitted timely by the relevant constituencies and by other interested parties. (Authority: 20 U.S.C. 1099b) REQUIRED OPERATING POLICIES AND PROCEDURES 602.22 Substantive change. (a) If the agency accredits institutions, it must maintain adequate substantive change policies that ensure that any substantive change to the educational mission, program, or programs of an institution after the agency has accredited or preaccredited the institution does not adversely affect the capacity of the institution to continue to meet the agency's standards. The agency meets this requirement if-- (1) The agency requires the institution to obtain the agency's approval of the substantive change before the agency includes the change in the scope of accreditation or preaccreditation it previously granted to the institution; and (2) The agency's definition of substantive change includes at least the following types of change: (i) Any change in the established mission or objectives of the institution. (ii) Any change in the legal status, form of control, or ownership of the institution. (iii) The addition of courses or programs that represent a significant departure from the existing offerings of educational programs, or method of delivery , from those that were offered when the agency last evaluated the institution. (iv) The addition of programs of study at a degree or credential level different from that which is included in the institution's current accreditation or preaccreditation. (v) A change from clock hours to credit hours. (vi) A substantial increase in the number of clock or credit hours awarded for successful completion of a program. (vii) If the agency's accreditation of an institution enables the institution to seek eligibility to participate in title IV, HEA programs, the entering into a contract under which an institution or organization not certified to participate in the title IV, HEA programs offers more than 25 percent of one or more of the accredited institution's educational programs. (viii) (A) If the agency's accreditation of an institution enables it to seek eligibility to participate in title IV, HEA programs, the establishment of an additional location at which the institution offers at least 50 percent of an educational program. The addition of such a location must be approved by the agency in accordance with paragraph (c) of this section unless the accrediting agency determines, and issues a written determination stating that the institution has-- (1) Successfully completed at least one cycle of accreditation of maximum length offered by the agency and one renewal, or has been accredited for at least ten years; (2) At least three additional locations that the agency has approved; and (3) Met criteria established by the agency indicating sufficient capacity to add additional locations without individual prior approvals, including at a minimum satisfactory evidence of a system to ensure quality across a distributed enterprise that includes-- (i) Clearly identified academic control; (ii) Regular evaluation of the locations; (iii) Adequate faculty, facilities, resources, and academic and student support systems; (iv) Financial stability; and (v) Long-range planning for expansion. (B) The agency's procedures for approval of an additional location, pursuant to paragraph (a)(2)(viii)(A) of this section, must require timely reporting to the agency of every additional location established under this approval. (C) Each agency determination or redetermination to preapprove an institution's addition of locations under paragraph (a)(2)(viii)(A) of this section may not exceed five years. (D) The agency may not preapprove an institution's addition of locations under paragraph (a)(2)(viii)(A) of this section after the institution undergoes a change in ownership resulting in a change in control as defined in 34 CFR 600.31 until the institution demonstrates that it meets the conditions for the agency to preapprove additional locations described in this paragraph. (E) The agency must have an effective mechanism for conducting, at reasonable intervals, visits to a representative sample of additional locations approved under paragraph (a)(2)(viii)(A) of this section. (ix) The acquisition of any other institution or any program or location of another institution. (x) The addition of a permanent location at a site at which the institution is conducting a teach-out for students of another institution that has ceased operating before all students have completed their program of study. (3) The agency's substantive change policy must define when the changes made or proposed by an institution are or would be sufficiently extensive to require the agency to conduct a new comprehensive evaluation of that institution. (b) The agency may determine the procedures it uses to grant prior approval of the substantive change. However, these procedures must specify an effective date, which is not retroactive, on which the change is included in the program's or institution's accreditation. An agency may designate the date of a change in ownership as the effective date of its approval of that substantive change if the accreditation decision is made within 30 days of the change in ownership. Except as provided in paragraph (c) of this section, these procedures may, but need not, require a visit by the agency. (c) Except as provided in (a)(2)(viii)(A) of this section, if the agency's accreditation of an institution enables the institution to seek eligibility to participate in Title IV, HEA programs, the agency's procedures for the approval of an additional location where at least 50 percent of an educational program is offered must provide for a determination of the institution's fiscal and administrative capacity to operate the additional location. In addition, the agency's procedures must include-- (1) A visit, within six months, to each additional location the institution establishes, if the institution-- (i) Has a total of three or fewer additional locations; (ii) Has not demonstrated, to the agency's satisfaction, that it has a proven record of effective educational oversight of additional locations; or (iii) Has been placed on warning, probation, or show cause by the agency or is subject to some limitation by the agency on its accreditation or preaccreditation status; (2) An effective mechanism for conducting, at reasonable intervals, visits to a representative sample of additional locations of institutions that operate more than three additional locations; and (3) An effective mechanism, which may, at the agency's discretion, include visits to additional locations, for ensuring that accredited and preaccredited institutions that experience rapid growth in the number of additional locations maintain educational quality. (d) The purpose of the visits described in paragraph (c) of this section is to verify that the additional location has the personnel, facilities, and resources it claimed to have in its application to the agency for approval of the additional location. (Authority: 20 U.S.C. 1099b) 602.23 Operating procedures all agencies must have. (a) The agency must maintain and make available to the public, upon request, written materials describing-- (1) Each type of accreditation and preaccreditation it grants; (2) The procedures that institutions or programs must follow in applying for accreditation or preaccreditation; (3) The standards and procedures it uses to determine whether to grant, reaffirm, reinstate, restrict, deny, revoke, terminate, or take any other action related to each type of accreditation and preaccreditation that the agency grants; (4) The institutions and programs that the agency currently accredits or preaccredits and, for each institution and program, the year the agency will next review or reconsider it for accreditation or preaccreditation; and (5) The names, academic and professional qualifications, and relevant employment and organizational affiliations of-- (i) The members of the agency's policy and decision-making bodies; and (ii) The agency's principal administrative staff. (b) In providing public notice that an institution or program subject to its jurisdiction is being considered for accreditation or preaccreditation, the agency must provide an opportunity for third-party comment concerning the institution's or program's qualifications for accreditation or preaccreditation. At the agency's discretion, third-party comment may be received either in writing or at a public hearing, or both. (c) The accrediting agency must-- (1) Review in a timely, fair, and equitable manner any complaint it receives against an accredited institution or program that is related to the agency's standards or procedures. The agency may not complete its review and make a decision regarding a complaint unless, in accordance with published procedures, it ensures that the institution or program has sufficient opportunity to provide a response to the complaint; (2) Take follow-up action, as necessary, including enforcement action, if necessary, based on the results of its review; and (3) Review in a timely, fair, and equitable manner, and apply unbiased judgment to, any complaints against itself and take follow-up action, as appropriate, based on the results of its review. (d) If an institution or program elects to make a public disclosure of its accreditation or preaccreditation status, the agency must ensure that the institution or program discloses that status accurately, including the specific academic or instructional programs covered by that status and the name, address, and telephone number of the agency. (e) The accrediting agency must provide for the public correction of incorrect or misleading information an accredited or preaccredited institution or program releases about-- (1) The accreditation or preaccreditation status of the institution or program; (2) The contents of reports of on-site reviews; and (3) The agency's accrediting or preaccrediting actions with respect to the institution or program. (f) The agency may establish any additional operating procedures it deems appropriate. At the agency's discretion, these may include unannounced inspections. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) 602.24 Additional procedures certain institutional accreditors must have. If the agency is an institutional accrediting agency and its accreditation or preaccreditation enables those institutions to obtain eligibility to participate in Title IV, HEA programs, the agency must demonstrate that it has established and uses all of the following procedures: (a) Branch campus. (1) The agency must require the institution to notify the agency if it plans to establish a branch campus and to submit a business plan for the branch campus that describes-- (i) The educational program to be offered at the branch campus; (ii) The projected revenues and expenditures and cash flow at the branch campus; and (iii) The operation, management, and physical resources at the branch campus. (2) The agency may extend accreditation to the branch campus only after it evaluates the business plan and takes whatever other actions it deems necessary to determine that the branch campus has sufficient educational, financial, operational, management, and physical resources to meet the agency's standards. (3) The agency must undertake a site visit to the branch campus as soon as practicable, but no later than six months after the establishment of that campus. (b) Change in ownership. The agency must undertake a site visit to an institution that has undergone a change of ownership that resulted in a change of control as soon as practicable, but no later than six months after the change of ownership. (c) Teach-out plans and agreements. (1) The agency must require an institution it accredits or preaccredits to submit a teach-out plan to the agency for approval upon the occurrence of any of the following events: (i) The Secretary notifies the agency that the Secretary has initiated an emergency action against an institution, in accordance with section 487(c)(1)(G) of the HEA, or an action to limit, suspend, or terminate an institution participating in any title IV, HEA program, in accordance with section 487(c)(1)(F) of the HEA, and that a teach-out plan is required. (ii) The agency acts to withdraw, terminate, or suspend the accreditation or preaccreditation of the institution. (iii) The institution notifies the agency that it intends to cease operations entirely or close a location that provides one hundred percent of at least one program. (iv) A State licensing or authorizing agency notifies the agency that an institution's license or legal authorization to provide an educational program has been or will be revoked. (2) The agency must evaluate the teach-out plan to ensure it provides for the equitable treatment of students under criteria established by the agency, specifies additional charges, if any, and provides for notification to the students of any additional charges. (3) If the agency approves a teach-out plan that includes a program that is accredited by another recognized accrediting agency, it must notify that accrediting agency of its approval. (4) The agency may require an institution it accredits or preaccredits to enter into a teach-out agreement as part of its teach-out plan. (5) The agency must require an institution it accredits or preaccredits that enters into a teach-out agreement, either on its own or at the request of the agency, with another institution to submit that teach-out agreement to the agency for approval. The agency may approve the teach-out agreement only if the agreement is between institutions that are accredited or preaccredited by a nationally recognized accrediting agency, is consistent with applicable standards and regulations, and provides for the equitable treatment of students by ensuring that-- (i) The teach-out institution has the necessary experience, resources, and support services to-- (A) Provide an educational program that is of acceptable quality and reasonably similar in content, structure, and scheduling to that provided by the institution that is ceasing operations either entirely or at one of its locations; and (B) Remain stable, carry out its mission, and meet all obligations to existing students; and (ii) The teach-out institution demonstrates that it can provide students access to the program and services without requiring them to move or travel substantial distances and that it will provide students with information about additional charges, if any. (d) Closed Institution. If an institution the agency accredits or preaccredits closes without a teach-out plan or agreement, the agency must work with the Department and the appropriate State agency, to the extent feasible, to assist students in finding reasonable opportunities to complete their education without additional charges. (e) Transfer of credit policies. The accrediting agency must confirm, as part of its review for initial accreditation or preaccreditation, or renewal of accreditation, that the institution has transfer of credit policies that-- (1) Are publicly disclosed in accordance with 668.43(a)(11); and (2) Include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education. *Effective July 1, 2011 *(f) Credit-hour policies. The accrediting agency, as part of its review of an institution for initial accreditation or preaccreditation or renewal of accreditation, must conduct an effective review and evaluation of the reliability and accuracy of the institution's assignment of credit hours. (1) The accrediting agency meets this requirement if- (i) It reviews the institution's- (A) Policies and procedures for determining the credit hours, as defined in 34 CFR 600.2, that the institution awards for courses and programs; and (B) The application of the institution's policies and procedures to its programs and coursework; and (ii) Makes a reasonable determination of whether the institution's assignment of credit hours conforms to commonly accepted practice in higher education. (2) In reviewing and evaluating an institution's policies and procedures for determining credit hour assignments, an accrediting agency may use sampling or other methods in the evaluation, sufficient to comply with paragraph (f)(1)(i)(B) of this section. (3) The accrediting agency must take such actions that it deems appropriate to address any deficiencies that it identifies at an institution as part of its reviews and evaluations under paragraph (f)(1)(i) and (ii) of this section, as it does in relation to other deficiencies it may identify, subject to the requirements of this part. (4) If, following the institutional review process under this paragraph (f), the agency finds systemic noncompliance with the agency's policies or significant noncompliance regarding one or more programs at the institution, the agency must promptly notify the Secretary. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) 602.25 Due process. The agency must demonstrate that the procedures it uses throughout the accrediting process satisfy due process. The agency meets this requirement if the agency does the following: (a) Provides adequate written specification of its requirements, including clear standards, for an institution or program to be accredited or preaccredited. (b) Uses procedures that afford an institution or program a reasonable period of time to comply with the agency's requests for information and documents. (c) Provides written specification of any deficiencies identified at the institution or program examined. (d) Provides sufficient opportunity for a written response by an institution or program regarding any deficiencies identified by the agency, to be considered by the agency within a timeframe determined by the agency, and before any adverse action is taken. (e) Notifies the institution or program in writing of any adverse accrediting action or an action to place the institution or program on probation or show cause. The notice describes the basis for the action. (f) Provides an opportunity, upon written request of an institution or program, for the institution or program to appeal any adverse action prior to the action becoming final. (1) The appeal must take place at a hearing before an appeals panel that-- (i) May not include current members of the agency's decision-making body that took the initial adverse action; (ii) Is subject to the conflict of interest policy; (iii) Does not serve only an advisory or procedural role, and has and uses the authority to make the following decisions: to affirm, amend, or reverse adverse actions of the original decision-making body; and (iv) Affirms, amends, reverses, or remands the adverse action. A decision to affirm, amend, or reverse the adverse action is implemented by the appeals panel or by the original decision-making body, at the agency's option. In a decision to remand the adverse action to the original decision-making body for further consideration, the appeals panel must identify specific issues that the original decision-making body must address. In a decision that is implemented by or remanded to the original decision-making body, that body must act in a manner consistent with the appeals panel's decisions or instructions. (2) The agency must recognize the right of the institution or program to employ counsel to represent the institution or program during its appeal, including to make any presentation that the agency permits the institution or program to make on its own during the appeal. (g) The agency notifies the institution or program in writing of the result of its appeal and the basis for that result. (h) (1) The agency must provide for a process, in accordance with written procedures, through which an institution or program may, before the agency reaches a final adverse action decision, seek review of new financial information if all of the following conditions are met: (i) The financial information was unavailable to the institution or program until after the decision subject to appeal was made. (ii) The financial information is significant and bears materially on the financial deficiencies identified by the agency. The criteria of significance and materiality are determined by the agency. (iii) The only remaining deficiency cited by the agency in support of a final adverse action decision is the institution's or program's failure to meet an agency standard pertaining to finances. (2) An institution or program may seek the review of new financial information described in paragraph (h)(1) of this section only once and any determination by the agency made with respect to that review does not provide a basis for an appeal. (Authority: 20 U.S.C. 1099b) 602.26 Notification of accrediting decisions. The agency must demonstrate that it has established and follows written procedures requiring it to provide written notice of its accrediting decisions to the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and the public. The agency meets this requirement if the agency, following its written procedures-- (a) Provides written notice of the following types of decisions to the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and the public no later than 30 days after it makes the decision: (1) A decision to award initial accreditation or preaccreditation to an institution or program. (2) A decision to renew an institution's or program's accreditation or preaccreditation; (b) Provides written notice of the following types of decisions to the Secretary, the appropriate State licensing or authorizing agency, and the appropriate accrediting agencies at the same time it notifies the institution or program of the decision, but no later than 30 days after it reaches the decision: (1) A final decision to place an institution or program on probation or an equivalent status. (2) A final decision to deny, withdraw, suspend, revoke, or terminate the accreditation or preaccreditation of an institution or program. (3) ) A final decision to take any other adverse action, as defined by the agency, not listed in paragraph (b)(2) of this section; (c) Provides written notice to the public of the decisions listed in paragraphs (b)(1), (b)(2), and (b)(3) of this section within 24 hours of its notice to the institution or program; (d) For any decision listed in paragraph (b)(2) of this section, makes available to the Secretary, the appropriate State licensing or authorizing agency, and the public, no later than 60 days after the decision, a brief statement summarizing the reasons for the agency's decision and the official comments that the affected institution or program may wish to make with regard to that decision, or evidence that the affected institution has been offered the opportunity to provide official comment; and (e) Notifies the Secretary, the appropriate State licensing or authorizing agency, the appropriate accrediting agencies, and, upon request, the public if an accredited or preaccredited institution or program-- (1) Decides to withdraw voluntarily from accreditation or preaccreditation, within 30 days of receiving notification from the institution or program that it is withdrawing voluntarily from accreditation or preaccreditation; or (2) Lets its accreditation or preaccreditation lapse, within 30 days of the date on which accreditation or preaccreditation lapses. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) 602.27 Other information an agency must provide the Department. (a) The agency must submit to the Department-- (1) A copy of any annual report it prepares; (2) A copy, updated annually, of its directory of accredited and preaccredited institutions and programs; (3) A summary of the agency's major accrediting activities during the previous year (an annual data summary), if requested by the Secretary to carry out the Secretary's responsibilities related to this part; (4) Any proposed change in the agency's policies, procedures, or accreditation or preaccreditation standards that might alter its-- (i) Scope of recognition, except as provided in paragraph (a)(5) of this section; or (ii) Compliance with the criteria for recognition; (5) Notification that the agency has expanded its scope of recognition to include distance education or correspondence education as provided in section 496(a)(4)(B)(i)(I) of the HEA. Such an expansion of scope is effective on the date the Department receives the notification; (6) The name of any institution or program it accredits that the agency has reason to believe is failing to meet its Title IV, HEA program responsibilities or is engaged in fraud or abuse, along with the agency's reasons for concern about the institution or program; and (7) If the Secretary requests, information that may bear upon an accredited or preaccredited institution's compliance with its Title IV, HEA program responsibilities, including the eligibility of the institution or program to participate in Title IV, HEA programs. (b) If an agency has a policy regarding notification to an institution or program of contact with the Department in accordance with paragraph (a)(6) or (a)(7) of this section, it must provide for a case by case review of the circumstances surrounding the contact, and the need for the confidentiality of that contact. Upon a specific request by the Department, the agency must consider that contact confidential. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) 602.28 Regard for decisions of States and other accrediting agencies. (a) If the agency is an institutional accrediting agency, it may not accredit or preaccredit institutions that lack legal authorization under applicable State law to provide a program of education beyond the secondary level. (b) Except as provided in paragraph (c) of this section, the agency may not grant initial or renewed accreditation or preaccreditation to an institution, or a program offered by an institution, if the agency knows, or has reasonable cause to know, that the institution is the subject of-- (1) A pending or final action brought by a State agency to suspend, revoke, withdraw, or terminate the institution's legal authority to provide postsecondary education in the State; (2) A decision by a recognized agency to deny accreditation or preaccreditation; (3) A pending or final action brought by a recognized accrediting agency to suspend, revoke, withdraw, or terminate the institution's accreditation or preaccreditation; or (4) Probation or an equivalent status imposed by a recognized agency. (c) The agency may grant accreditation or preaccreditation to an institution or program described in paragraph (b) of this section only if it provides to the Secretary, within 30 days of its action, a thorough and reasonable explanation, consistent with its standards, why the action of the other body does not preclude the agency's grant of accreditation or preaccreditation. (d) If the agency learns that an institution it accredits or preaccredits, or an institution that offers a program it accredits or preaccredits, is the subject of an adverse action by another recognized accrediting agency or has been placed on probation or an equivalent status by another recognized agency, the agency must promptly review its accreditation or preaccreditation of the institution or program to determine if it should also take adverse action or place the institution or program on probation or show cause. (e) The agency must, upon request, share with other appropriate recognized accrediting agencies and recognized State approval agencies information about the accreditation or preaccreditation status of an institution or program and any adverse actions it has taken against an accredited or preaccredited institution or program. (Approved by the Office of Management and Budget under control number 1845-0003) (Authority: 20 U.S.C. 1099b) Subpart C - The Recognition Process APPLICATION AND REVIEW BY DEPARTMENT STAFF602.30 Activities covered by recognition procedures.
(a) Applications for initial or continued recognition submitted under §602.31(a). (b) Applications for an expansion of scope submitted under §602.31(b). (c) Compliance reports submitted under §602.31(c). (d) Reviews of agencies that have expanded their scope of recognition by notice, following receipt by the Department of information of an increase in headcount enrollment described in §602.19(e). (e) Staff analyses identifying areas of non-compliance based on a review conducted under §602.33. (Authority: 20 U.S.C. 1099b) 602.31 Agency submissions to the Department (a) Applications for recognition or renewal of recognition. An accrediting agency seeking initial or continued recognition must submit a written application to the Secretary. Each accrediting agency must submit an application for continued recognition at least once every five years, or within a shorter time period specified in the final recognition decision. The application must consist of-- (1) A statement of the agency’s requested scope of recognition; (2) Evidence, including documentation, that the agency complies with the criteria for recognition listed in subpart B of this part and effectively applies those criteria; and (3) Evidence, including documentation, of how an agency that includes or seeks to include distance education or correspondence education in its scope of recognition applies its standards in evaluating programs and institutions it accredits that offer distance education or correspondence education. (b) Applications for expansions of scope. An agency seeking an expansion of scope by application must submit a written application to the Secretary. The application must-- (1) Specify the scope requested; (2) Include documentation of experience in accordance with §602.12(b); and (3) Provide copies of any relevant standards, policies, or procedures developed and applied by the agency and documentation of the application of these standards, policies, or procedures. (c) Compliance reports. If an agency is required to submit a compliance report, it must do so within 30 days following the end of the period for achieving compliance as specified in the decision of the senior Department official or Secretary, as applicable. (d) Review following an increase in headcount enrollment. If an agency that has notified the Secretary in writing of its change in scope to include distance education or correspondence education in accordance with §602.27(a)(5) reports an increase in headcount enrollment in accordance with §602.19(e) for an institution it accredits, or if the Department notifies the agency of such an increase at one of the agency’s accredited institutions, the agency must, within 45 days of reporting the increase or receiving notice of the increase from the Department, as applicable, submit a report explaining-- (1) How the agency evaluates the capacity of the institutions or programs it accredits to accommodate significant growth in enrollment and to maintain educational quality; (2) The specific circumstances regarding the growth at the institution(s) or programs(s) that triggered the review and the results of any evaluation conducted by the agency; and (3) Any other information that the agency deems appropriate to demonstrate the effective application of the criteria for recognition or that the Department may require. (e) Consent to sharing of information. By submitting an application for recognition, the agency authorizes Department staff throughout the application process and during any period of recognition-- (1) To observe its site visits to one or more of the institutions or programs it accredits or preaccredits, on an announced or unannounced basis; (2) To visit locations where agency activities such as training, review and evaluation panel meetings, and decision meetings take place, on an announced or unannounced basis; (3) To obtain copies of all documents the staff deems necessary to complete its review of the agency; and (4) To gain access to agency records, personnel, and facilities. (f) Public availability of agency records obtained by the Department. (1) The Secretary’s processing and decision making on requests for public disclosure of agency materials reviewed under this part are governed by the Freedom of Information Act, 5 U.S.C. §552; the Trade Secrets Act, 18 U.S.C. §1905; the Privacy Act of 1974, as amended, 5 U.S.C §552a; the Federal Advisory Committee Act, 5 U.S.C. Appdx. 1; and all other applicable laws. In recognition proceedings, agencies may-- (i) Redact information that would identify individuals or institutions that is not essential to the Department’s review of the agency; (ii) Make a good faith effort to designate all business information within agency submissions that the agency believes would be exempt from disclosure under exemption 4 of the Freedom of Information Act (FOIA), 5 U.S.C. §552(b)(4). A blanket designation of all information contained within a submission, or of a category of documents, as meeting this exemption will not be considered a good faith effort and will be disregarded; (iii) Identify any other material the agency believes would be exempt from public disclosure under FOIA, the factual basis for the request, and any legal basis the agency has identified for withholding the document from disclosure; and (iv) Ensure documents submitted are only those required for Department review or as requested by Department officials. (2) The Secretary processes FOIA requests in accordance with 34 CFR part 5 and makes all documents provided to the Advisory Committee available to the public. (Authority: 20 U.S.C. 1099b) 602.32 Procedures for Department review of applications for recognition or for change in scope, compliance reports, and increases in enrollment. (a) After receipt of an agency’s application for initial or continued recognition, or change in scope, or an agency’s compliance report, or an agency’s report submitted under §602.31(d), Department staff publishes a notice of the agency’s application or report in the Federal Register inviting the public to comment on the agency’s compliance with the criteria for recognition and establishing a deadline for receipt of public comment. (b) The Department staff analyzes the agency’s application for initial or renewal of recognition, compliance report, or report submitted under §602.31(d) to determine whether the agency satisfies the criteria for recognition, taking into account all available relevant information concerning the compliance of the agency with those criteria and in the agency’s effectiveness in applying the criteria. The analysis of an application for recognition and, as appropriate, of a compliance report, or of a report required under §602.31(d), includes-- (1)Observations from site visit(s), on an announced or unannounced basis, to the agency or to a location where agency activities such as training, review and evaluation panel meetings, and decision meetings take place and to one or more of the institutions or programs it accredits or preaccredits; (2) Review of the public comments and other third-party information the Department staff receives by the established deadline, and the agency’s responses to the third-party comments, as appropriate, as well as any other information Department staff assembles for purposes of evaluating the agency under this part; and (3) Review of complaints or legal actions involving the agency. (c) The Department staff analyzes the materials submitted in support of an application for expansion of scope to ensure that the agency has the requisite experience, policies that comply with subpart B of this part, capacity, and performance record to support the request. (d) Department staff’s evaluation of an agency may also include a review of information directly related to institutions or programs accredited or preaccredited by the agency relative to their compliance with the agency’s standards, the effectiveness of the standards, and the agency’s application of those standards. (e) If, at any point in its evaluation of an agency seeking initial recognition, Department staff determines that the agency fails to demonstrate compliance with the basic eligibility requirements in §§602.10 through 602.13, the staff-- (1) Returns the agency’s application and provides the agency with an explanation of the deficiencies that caused staff to take that action; and (2) Recommends that the agency withdraw its application and reapply when the agency can demonstrate compliance. (f) Except with respect to an application that has been returned or is withdrawn under paragraph (e) of this section, when Department staff completes its evaluation of the agency, the staff-- (1) Prepares a written draft analysis of the agency; (2) Sends the draft analysis including any identified areas of non-compliance and a proposed recognition recommendation, and all supporting documentation, including all third-party comments the Department received by the established deadline, to the agency; (3) Invites the agency to provide a written response to the draft analysis and proposed recognition recommendation and third-party comments, specifying a deadline that provides at least 30 days for the agency’s response; (4) Reviews the response to the draft analysis the agency submits, if any, and prepares the written final analysis. The final analysis includes a recognition recommendation to the senior Department official, as the Department staff deems appropriate, including, but not limited to, a recommendation to approve, deny, limit, suspend, or terminate recognition, require the submission of a compliance report and continue recognition pending a final decision on compliance, approve or deny a request for expansion of scope, or revise or affirm the scope of the agency; and (5) Provides to the agency, no later than seven days before the Advisory Committee meeting, the final staff analysis and any other available information provided to the Advisory Committee under §602.34(c). (g) The agency may request that the Advisory Committee defer acting on an application at that Advisory Committee meeting if Department staff fails to provide the agency with the materials described, and within the timeframes provided, in paragraphs (f)(3) and (f)(5) of this section. If the Department staff’s failure to send the materials in accordance with the timeframe described in paragraph (f)(3) or (f)(5) of this section is due to the failure of the agency to submit reports to the Department, other information the Secretary requested, or its response to the draft analysis, by the deadline established by the Secretary, the agency forfeits its right to request a deferral of its application. (Authority: 20 U.S.C. 1099b) 602.33 Procedures for review of agencies during the period of recognition. (a) Department staff may review the compliance of a recognized agency with the criteria for recognition at any time-- (1) At the request of the Advisory Committee; or (2) Based on any information that, as determined by Department staff, appears credible and raises issues relevant to recognition. (b) The review may include, but need not be limited to, any of the activities described in §602.32(b) and (d). (c) If, in the course of the review, and after provision to the agency of the documentation concerning the inquiry and consultation with the agency, Department staff notes that one or more deficiencies may exist in the agency’s compliance with the criteria for recognition or in the agency’s effective application of those criteria, it-- (1) Prepares a written draft analysis of the agency’s compliance with the criteria of concern. The draft analysis reflects the results of the review, and includes a recommendation regarding what action to take with respect to recognition. Possible recommendations include, but are not limited to, a recommendation to limit, suspend, or terminate recognition, or require the submission of a compliance report and to continue recognition pending a final decision on compliance; (2) Sends the draft analysis including any identified areas of non-compliance, and a proposed recognition recommendation, and all supporting documentation to the agency; and (3) Invites the agency to provide a written response to the draft analysis and proposed recognition recommendation, specifying a deadline that provides at least 30 days for the agency’s response. (d) If, after review of the agency’s response to the draft analysis, Department staff concludes that the agency has demonstrated compliance with the criteria for recognition, the staff notifies the agency in writing of the results of the review. If the review was requested by the Advisory Committee, staff also provides the Advisory Committee with the results of the review. (e) If, after review of the agency’s response to the draft analysis, Department staff concludes that the agency has not demonstrated compliance, the staff-- (1) Notifies the agency that the draft analysis will be finalized for presentation to the Advisory Committee; (2) Publishes a notice in the Federal Register including, if practicable, an invitation to the public to comment on the agency’s compliance with the criteria in question and establishing a deadline for receipt of public comment; (3) Provides the agency with a copy of all public comments received and, if practicable, invites a written response from the agency; (4) Finalizes the staff analysis as necessary to reflect its review of any agency response and any public comment received; and (5) Provides to the agency, no later than seven days before the Advisory Committee meeting, the final staff analysis and a recognition recommendation and any other information provided to the Advisory Committee under §602.34(c). (f) The Advisory Committee reviews the matter in accordance with §602.34. (Authority: 20 U.S.C. 1099b) REVIEW BY THE NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY 602.34 Advisory Committee meetings (a) Department staff submits a proposed schedule to the Chairperson of the Advisory Committee based on anticipated completion of staff analyses. (b) The Chairperson of the Advisory Committee establishes an agenda for the next meeting and, in accordance with the Federal Advisory Committee Act, presents it to the Designated Federal Official for approval. (c) Before the Advisory Committee meeting, Department staff provides the Advisory Committee with-- (1) The agency’s application for recognition or for expansion of scope, the agency’s compliance report, or the agency’s report submitted under §602.31(d), and supporting documentation; (2) The final Department staff analysis of the agency developed in accordance with §602.32 or §602.33, and any supporting documentation; (3) At the request of the agency, the agency’s response to the draft analysis; (4) Any written third-party comments the Department received about the agency on or before the established deadline; (5) Any agency response to third-party comments; and (6) Any other information Department staff relied upon in developing its analysis. (d) At least 30 days before the Advisory Committee meeting, the Department publishes a notice of the meeting in the Federal Register inviting interested parties, including those who submitted third-party comments concerning the agency’s compliance with the criteria for recognition, to make oral presentations before the Advisory Committee. (e) The Advisory Committee considers the materials provided under paragraph (c) of this section in a public meeting and invites Department staff, the agency, and other interested parties to make oral presentations during the meeting. A transcript is made of all Advisory Committee meetings. (f) The written motion adopted by the Advisory Committee regarding each agency’s recognition will be made available during the Advisory Committee meeting. The Department will provide each agency, upon request, with a copy of the motion on recognition at the meeting. Each agency that was reviewed will be sent an electronic copy of the motion relative to that agency as soon as practicable after the meeting. (g) After each meeting of the Advisory Committee at which a review of agencies occurs, the Advisory Committee forwards to the senior Department official its recommendation with respect to each agency, which may include, but is not limited to, a recommendation to approve, deny, limit, suspend, or terminate recognition, to grant or deny a request for expansion of scope, to revise or affirm the scope of the agency, or to require the agency to submit a compliance report and to continue recognition pending a final decision on compliance. (Authority: 20 U.S.C. 1099b) 602.35 Responding to the Advisory Committee’s recommendation (a) Within ten days following the Advisory Committee meeting, the agency and Department staff may submit written comments to the senior Department official on the Advisory Committee’s recommendation. The agency must simultaneously submit a copy of its written comments, if any, to Department staff. Department staff must simultaneously submit a copy of its written comments, if any, to the agency. (b) Comments must be limited to-- (1) Any Advisory Committee recommendation that the agency or Department staff believes is not supported by the record; (2) Any incomplete Advisory Committee recommendation based on the agency’s application; and (3) The inclusion of any recommendation or draft proposed decision for the senior Department official’s consideration. (c)(1) Neither the Department staff nor the agency may submit additional documentary evidence with its comments unless the Advisory Committee’s recognition recommendation proposes finding the agency noncompliant with, or ineffective in its application of, a criterion or criteria for recognition not identified in the final Department staff analysis provided to the Advisory Committee. (2) Within ten days of receipt by the Department staff of an agency’s comments or new evidence, if applicable, or of receipt by the agency of the Department staff’s comments, Department staff, the agency, or both, as applicable, may submit a response to the senior Department official. Simultaneously with submission, the agency must provide a copy of any response to the Department staff. Simultaneously with submission, Department staff must provide a copy of any response to the agency. (Authority: 20 U.S.C. 1099b) REVIEW AND DECISION BY THE SENIOR DEPARTMENT OFFICIAL 602.36 Senior Department official’s decision (a) The senior Department official makes a decision regarding recognition of an agency based on the record compiled under §§602.32, 602.33, 602.34, and 602.35 including, as applicable, the following: (1) The materials provided to the Advisory Committee under §602.34(c). (2) The transcript of the Advisory Committee meeting. (3) The recommendation of the Advisory Committee. (4) Written comments and responses submitted under §602.35. (5) New evidence submitted in accordance with §602.35(c)(1). (6) A communication from the Secretary referring an issue to the senior Department official’s consideration under §602.37(e). (b) In the event that statutory authority or appropriations for the Advisory Committee ends, or there are fewer duly appointed Advisory Committee members than needed to constitute a quorum, and under extraordinary circumstances when there are serious concerns about an agency’s compliance with subpart B of this part that require prompt attention, the senior Department official may make a decision in a recognition proceeding based on the record compiled under §602.32 or §602.33 after providing the agency with an opportunity to respond to the final staff analysis. Any decision made by the senior Department official absent a recommendation from the Advisory Committee may be appealed to the Secretary as provided in §602.37. (c) Following consideration of an agency’s recognition under this section, the senior Department official issues a recognition decision. (d) Except with respect to decisions made under paragraph (f) or (g) of this section and matters referred to the senior Department official under §602.37(e) or (f), the senior Department official notifies the agency in writing of the senior Department official’s decision regarding the agency’s recognition within 90 days of the Advisory Committee meeting or conclusion of the review under paragraph (b) of this section. (e) The senior Department official’s decision may include, but is not limited to, approving, denying, limiting, suspending, or terminating recognition, granting or denying an application for an expansion of scope, revising or affirming the scope of the agency, or continuing recognition pending submission and review of a compliance report under §§602.32 and 602.34 and review of the report by the senior Department official under this section. (1)(i) The senior Department official approves recognition if the agency complies with the criteria for recognition listed in subpart B of this part and if the agency effectively applies those criteria. (ii) If the senior Department official approves recognition, the recognition decision defines the scope of recognition and the recognition period. The recognition period does not exceed five years, including any time during which recognition was continued to permit submission and review of a compliance report. (iii) If the scope or period of recognition is less than that requested by the agency, the senior Department official explains the reasons for approving a lesser scope or recognition period. (2)(i) Except as provided in paragraph (e)(3) of this section, if the agency either fails to comply with the criteria for recognition listed in subpart B of this part, or to apply those criteria effectively, the senior Department official denies, limits, suspends, or terminates recognition. (ii) If the senior Department official denies, limits, suspends, or terminates recognition, the senior Department official specifies the reasons for this decision, including all criteria the agency fails to meet and all criteria the agency has failed to apply effectively. (3)(i) Except as provided in paragraph (e)(3)(ii) of this section, if a recognized agency fails to demonstrate compliance with or effective application of a criterion or criteria, but the senior Department official concludes that the agency will demonstrate or achieve compliance with the criteria for recognition and effective application of those criteria within 12 months or less, the senior Department official may continue the agency’s recognition, pending submission by the agency of a compliance report, review of the report under §§602.32 and 602.34, and review of the report by the senior Department official under this section. In such a case, the senior Department official specifies the criteria the compliance report must address, and a time period, not longer than 12 months, during which the agency must achieve compliance and effectively apply the criteria. The compliance report documenting compliance and effective application of criteria is due not later than 30 days after the end of the period specified in the senior Department official’s decision. (ii) If the record includes a compliance report, and the senior Department official determines that an agency has not complied with the criteria for recognition, or has not effectively applied those criteria, during the time period specified by the senior Department official in accordance with paragraph (e)(3)(i) of this section, the senior Department official denies, limits, suspends, or terminates recognition, except, in extraordinary circumstances, upon a showing of good cause for an extension of time as determined by the senior Department official and detailed in the senior Department official’s decision. If the senior Department official determines good cause for an extension has been shown, the senior Department official specifies the length of the extension and what the agency must do during it to merit a renewal of recognition. (f) If the senior Department official determines, based on the record, that a decision to deny, limit, suspend, or terminate an agency’s recognition may be warranted based on a finding that the agency is noncompliant with, or ineffective in its application of, a criterion or criteria of recognition not identified earlier in the proceedings as an area of noncompliance, the senior Department official provides-- (1) The agency with an opportunity to submit a written response and documentary evidence addressing the finding; and (2) The staff with an opportunity to present its analysis in writing. (g) If relevant and material information pertaining to an agency’s compliance with recognition criteria, but not contained in the record, comes to the senior Department official’s attention while a decision regarding the agency’s recognition is pending before the senior Department official, and if the senior Department official concludes the recognition decision should not be made without consideration of the information, the senior Department official either-- (1)(i) Does not make a decision regarding recognition of the agency; and (ii) Refers the matter to Department staff for review and analysis under §602.32 or §602.33, as appropriate, and consideration by the Advisory Committee under §602.34; or (2)(i) Provides the information to the agency and Department staff; (ii) Permits the agency to respond to the senior Department official and the Department staff in writing, and to include additional evidence relevant to the issue, and specifies a deadline; (iii) Provides Department staff with an opportunity to respond in writing to the agency’s submission under paragraph (g)(2)(ii) of this section, specifying a deadline; and (iv) Issues a recognition decision based on the record described in paragraph (a) of this section, as supplemented by the information provided under this paragraph. (h) No agency may submit information to the senior Department official, or ask others to submit information on its behalf, for purposes of invoking paragraph (g) of this section. Before invoking paragraph (g) of this section, the senior Department official will take into account whether the information, if submitted by a third party, could have been submitted in accordance with §602.32(a) or §602.33(e)(2). (i) If the senior Department official does not reach a final decision to approve, deny, limit, suspend, or terminate an agency’s recognition before the expiration of its recognition period, the senior Department official automatically extends the recognition period until a final decision is reached. (j) Unless appealed in accordance with §602.37, the senior Department official’s decision is the final decision of the Secretary. (Authority: 20 U.S.C. 1099b) APPEAL RIGHTS AND PROCEDURES §602.37 Appealing the senior Department official’s decision to the Secretary. (a) The agency may appeal the senior Department official’s decision to the Secretary. Such appeal stays the decision of the senior Department official until final disposition of the appeal. If an agency wishes to appeal, the agency must- (1) Notify the Secretary and the senior Department official in writing of its intent to appeal the decision of the senior Department official, no later than ten days after receipt of the decision; (2) Submit its appeal to the Secretary in writing no later than 30 days after receipt of the decision; and (3) Provide the senior Department official with a copy of the appeal at the same time it submits the appeal to the Secretary. (b) The senior Department official may file a written response to the appeal. To do so, the senior Department official must-- (1) Submit a response to the Secretary no later than 30 days after receipt of a copy of the appeal; and (2) Provide the agency with a copy of the senior Department official’s response at the same time it is submitted to the Secretary. (c) Neither the agency nor the senior Department official may include in its submission any new evidence it did not submit previously in the proceeding. (d) On appeal, the Secretary makes a recognition decision, as described in §602.36(e). If the decision requires a compliance report, the report is due within 30 days after the end of the period specified in the Secretary’s decision. The Secretary renders a final decision after taking into account the senior Department official’s decision, the agency’s written submissions on appeal, the senior Department official’s response to the appeal, if any, and the entire record before the senior Department official. The Secretary notifies the agency in writing of the Secretary’s decision regarding the agency’s recognition. (e) The Secretary may determine, based on the record, that a decision to deny, limit, suspend, or terminate an agency’s recognition may be warranted based on a finding that the agency is noncompliant with, or ineffective in its application with respect to, a criterion or criteria for recognition not identified as an area of noncompliance earlier in the proceedings. In that case, the Secretary, without further consideration of the appeal, refers the matter to the senior Department official for consideration of the issue under §602.36(f). After the senior Department official makes a decision, the agency may, if desired, appeal that decision to the Secretary. (f) If relevant and material information pertaining to an agency’s compliance with recognition criteria, but not contained in the record, comes to the Secretary’s attention while a decision regarding the agency’s recognition is pending before the Secretary, and if the Secretary concludes the recognition decision should not be made without consideration of the information, the Secretary either-- (1)(i) Does not make a decision regarding recognition of the agency; and (ii) Refers the matter to Department staff for review and analysis under §602.32 or §602.33, as appropriate, and review by the Advisory Committee under §602.34; and consideration by the senior Department official under §602.36; or (2)(i) Provides the information to the agency and the senior Department official; (ii) Permits the agency to respond to the Secretary and the senior Department official in writing, and to include additional evidence relevant to the issue, and specifies a deadline; (iii) Provides the senior Department official with an opportunity to respond in writing to the agency’s submission under paragraph (f)(2)(ii) of this section, specifying a deadline; and (iv) Issues a recognition decision based on all the materials described in paragraphs (d) and (f) of this section. (g) No agency may submit information to the Secretary, or ask others to submit information on its behalf, for purposes of invoking paragraph (f) of this section. Before invoking paragraph(f) of this section, the Secretary will take into account whether the information, if submitted by a third party, could have been submitted in accordance with §602.32(a) or §602.33(e)(2). (h) If the Secretary does not reach a final decision on appeal to approve, deny, limit, suspend, or terminate an agency’s recognition before the expiration of its recognition period, the Secretary automatically extends the recognition period until a final decision is reached. §602.38 Contesting the Secretary’s final decision to deny, limit, suspend, or terminate an agency’s recognition.
(Authority: 20 U.S.C. 1099b) Subpart D - Department Responsibilities 602.50 What information does the Department share with a recognized agency about its accredited institutions and programs? (a) If the Department takes an action against an institution or program accredited by the agency, it notifies the agency no later than 10 days after taking that action. (b) If another Federal agency or a State agency notifies the Department that it has taken an action against an institution or program accredited by the agency, the Department notifies the agency as soon as possible but no later than 10 days after receiving the written notice from the other Government agency. (Authority: 20 U.S.C. 1099b) National Recognition of State Approval Agencies by the U.S. Secretary of Education The U.S. Secretary of Education also recognizes two categories of State agencies:
Public Postsecondary Vocation Education The criteria and procedures used by the Secretary in designating a State agency as a reliable authority concerning the quality of public postsecondary vocational education in a State are contained in Part 603 of Title 34 of the Code of Federal Regulations. Those State agencies that have requested recognition and have been determined to meet the established criteria are granted recognition for a period not to exceed four years. The Secretary publishes a list of those State agencies that he recognizes as reliable authorities. The criteria and procedures used by the Secretary in designating a State agency as a reliable authority concerning the quality of training offered by schools of nursing in a State are contained in regulations published in the January 16, 1969 FEDERAL REGISTER. Those State agencies that have requested recognition and have been determined to meet the established criteria are granted recognition for a period not to exceed four years. The Secretary publishes a list of those State agencies that he recognizes as reliable authorities. The Recognition Process for State Agencies The recognition procedures following by the Secretary in reviewing State approval agencies are the same as those for accrediting agencies seeking recognition by the Secretary. These procedures are set forth in detail in subpart B of part 602. Other information related to a State agency's application for recognition is provided below. The Application for Recognition State approval agencies desiring to be recognized by the Secretary of Education must apply for recognition and must demonstrate their compliance with the Criteria for Secretarial Recognition. An agency's application for recognition generally consists of evidence of the agency's compliance with the criteria for recognition and supporting documentation. There is no standard application form to be used by agencies applying for recognition. Rather, an agency's application for initial recognition or renewal of recognition consists of a narrative statement, organized on a criterion-by- criterion basis, showing how the agency complies with the Criteria for Secretarial Recognition. The narrative statement must be accompanied by clearly referenced supporting documentation, including the agency's standards and procedures, published lists of approved schools or programs, self-evaluation guidelines, guidance materials for visiting team members, and sample completed self-evaluations and site visit reports, as appropriate to the criteria used. Copies of the Application An agency's application plus three copies should be submitted to the Accrediting Agency Evaluation unit (AAE) at the address below. Only the original of bulkier exhibit items, such as self-study reports or team reports, need be submitted with the petition; there is no need for three copies of these items.
Time Frame for Submission of an Application AAE accepts applications for initial recognition at any time. To receive consideration at a particular meeting of the National Advisory Committee on Institutional Quality and Integrity, an agency seeking initial recognition must submit its petition at least six months in advance of that meeting. Consideration of the agency's petition at the first Advisory Committee meeting that occurs after the six-month time frame is not guaranteed, however, as AAE staff may need more to complete its independent evaluation of the agency. Agencies considering applying for initial recognition are encouraged to contact AAE as early as possible to discuss their possible application and to afford Department staff the opportunity to observe several agency site visits and decision meetings. Agencies that have been granted recognition by the Secretary are notified by the Secretary, each time recognition is granted or renewed, of the expiration date of their recognition period. They should plan to submit their application for renewal of recognition approximately six months in advance of the spring or fall meeting of the Advisory Committee meeting that precedes that expiration date. AAE usually notifies agencies a year in advance of the Advisory Committee at which their renewal application is to be considered and informs them of the date by which their application is due to AAE. In the same notice, AAE also requests a schedule of the agencies' site visits and decision meetings for the upcoming year in order to plan its observation of at least some of those activities. Staff Analysis of an Agency's Application The application review process conducted by the Department of Education includes analysis of the application and observation of some of the agency's site visit and decision-making activities by Department staff. Staff members may also visit agency administrative offices to conduct interviews of agency staff and to review the agency's facilities, records and administrative operations. They may also conduct interviews or surveys of other persons, organizations, or institutions concerning the applicant agency's approval process in order to obtain further information relating to the agency's compliance with the Criteria. Department staff then prepares a written analysis of the agency's application for recognition. Hearing Before the Advisory Committee When Department staff completes its evaluation of an agency's application for recognition, the agency's application is placed on the agenda of the National Advisory Committee on Institutional Quality and Integrity. Department staff also provides the Advisory Committee with the agency's application and supporting documentation, its analysis of the application, all information it relied upon in developing the analysis, any response by the agency to the analysis or third-party comment, any Department concurrence with or rebuttal to the agency's response, and any third-party information the Secretary receives regarding the agency. The Advisory Committee meets at least twice a year to review petitions from accrediting and State approval agencies. The usual times for the Committee meetings are spring (May-June) and fall (November-December). Although each member of the Advisory Committee receives every Department staff analysis of an application for recognition and all the other materials mentioned in the preceding paragraph, the Executive Director of the Advisory Committee usually assigns two or more Committee members to serve as principal readers for each application. An agency that applies for recognition is invited to make an oral presentation before the Advisory Committee. The Advisory Committee also hears oral presentations from Department staff and from third parties who request to be heard. The Advisory Committee conducts its business in public, and a transcript of the proceedings is made. The Secretary's Decision The Secretary of Education makes the final decision regarding recognition or renewal of recognition of a State agency. Agencies may be granted initial recognition or renewal of recognition for a period of up to four years. The Secretary's list of recognized State agencies is published periodically in the FEDERAL REGISTER. Criteria for the Recognition of State Agencies for Vocational Education The following are the criteria used by the Secretary in designating a State agency as a reliable authority concerning the quality of public postsecondary vocational education in its State. The criteria and procedures for listing State agencies are contained in Title 34 of the Code of Federal Regulations. Dear Colleague Letter: Guidance to Institutions and Accrediting Agencies Regarding a Credit Hour as Defined in the Final Regulations Published on October 29, 2010 (March 18, 2011) | PDF (includes enclosures) PART 603--SECRETARY'S RECOGNITION PROCEDURES FOR STATE AGENCIES Subpart A--(reserved) Subpart B--Criteria for State Agencies Sec. Authority: Sec. 438(b) of the Higher Education Act of 1965, Public Law 89-329 as amended by Public Law 92-318, 86 Stat. 235, 264 (20 U.S.C. 1094(b) (3)). Subpart B - Criteria for State Agencies (a) Pursuant to section 438(b) of the Higher Education Act of 1965 as amended by the Public Law 92-318, the United States Secretary of Education is required to publish a list of State agencies which he determines to be reliable authorities as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for Federal student assistance programs administered by the Department of Education. (b) Approval by a State agency included on the list will provide an alternative means of satisfying statutory standards as to the quality of public postsecondary vocational education to be undertaken by students receiving assistance under such programs. (Authority: 20 U.S.C. 1094(b)(3)) Section 603.21 Publication of list. Periodically the U.S. Secretary of Education will publish a list in the FEDERAL REGISTER of the State agencies which he determines to be reliable authorities as to the quality of public postsecondary vocational education in their respective States. (Authority: 20 U.S.C. 1094 (b)(3)) Section 603.22 Inclusion on list. Any State agency which desires to be listed by the Secretary as meeting the criteria set forth in the Section 603.24 should apply in writing to the Accrediting Agency Evaluation, Accreditation Division, U.S. Department of Education, 1990 K Street, NW, #8065, Washington, D.C. 20006-8509. (Authority: 20 U.S.C. 1094(b)(3)) Section 603.23 Initial recognition and reevaluation. For initial recognition and for renewal of recognition, the State agency will furnish information establishing its compliance with the criteria set forth in Section 603.24. This information may be supplemented by personal interviews or by review of the agency's facilities, records, personnel qualifications, and administrative management. Each agency listed will be reevaluated by the Secretary at his discretion, but at least once every four years. No adverse decision will become final without affording an opportunity for a hearing. (Authority: 20 U.S.C. 1094(b)(3)) Section 603.24 Criteria for State agencies. The following are the criteria which the Secretary of Education will utilize in designating a State agency as a reliable authority to assess the quality of public postsecondary vocational education in its respective State. (a) Functional aspects.The functional aspects of the State agency must be shown by: (1) Its scope of operations. The agency: (i) Is statewide in the scope of its operations and is legally authorized to approve public postsecondary vocational institutions or programs; (ii) Clearly sets forth the scope of its objectives and activities, both as to kinds and levels of public postsecondary vocational institutions or programs covered, and the kinds of operations performed; (iii) Delineates the process by which it differentiates among and approves programs of varying levels. (2) Its organization. The State agency: (i) Employs qualified personnel and uses sound procedures to carry out its operations in a timely and effective manner; (ii) Receives adequate and timely financial support, as shown by its appropriations, to carry out its operations; (iii) Selects competent and knowledgeable persons, qualified by experience and training, and selects such persons in accordance with nondiscriminatory practices, (A) to participate on visiting teams, (B) to engage in consultative services for the evaluation and approval process, and (C) to serve on decision-making bodies. (3 ) Its procedures. The State agency: (i) Maintains clear definitions of approval status and has developed written procedures for granting, reaffirming, revoking, denying, and reinstating approval status: (ii) Requires, as an integral part of the approval and re-approval process, institutional or program self-analysis and on-site reviews by visiting teams, and provides written and consultative guidance to institutions or programs and visiting teams. (A) Self-analysis shall be a qualitative assessment of the strengths and limitations of the instructional program, including the achievement of institutional or program objectives, and should involve a representative portion of the institution's administrative staff, teaching faculty, students, governing body, and other appropriate constituencies. (B) The visiting team, which includes qualified examiners other than agency staff, reviews instructional content, methods and resources, administrative management, student services, and facilities. It prepares written reports and recommendations for use by the State agency. (iii) Reevaluates at reasonable and regularly scheduled intervals institutions or programs which it has approved. (b) Responsibility and reliability. The responsibility and reliability of the State agency will be demonstrated by: (1) Its responsiveness to the public interest. The State agency: (i) Has an advisory body which provides for representation from public employment services and employers, employees, postsecondary vocational educators, students, and the general public, including minority groups. Among its functions, this structure provides counsel to the State agency relating to the development of standards, operating procedures and policy, and interprets the educational needs and manpower projections of the State's public postsecondary vocational education system; (ii) Demonstrates that the advisory body makes a real and meaningful contribution to the approval process; (iii) Provides advance public notice of proposed or revised standards or regulations through its regular channels of communications, supplemented, if necessary, with direct communication to inform interested members of the affected community. In addition, it provides such persons the opportunity to comment on the standards or regulations prior to their adoption; (iv) Secures sufficient qualitative information regarding the applicant institution or program to enable the institution or program to demonstrate that it has an ongoing program of evaluation of outputs consistent with its educational goals. (v) Encourages experimental and innovative programs to the extent that these are conceived and implemented in a manner which ensures the quality and integrity of the institution or program; (vi) Demonstrates that it approves only those institutions or programs which meet its published standards; that its standards, policies, and procedures are fairly applied; and that its evaluations are conducted and decisions are rendered under conditions that assure an impartial and objective judgment; (vii) Regularly reviews its standards, policies and procedures in order that the evaluative process shall support constructive analysis, emphasize factors of critical importance, and reflect the educational and training needs of the students; (viii) Performs no function that would be inconsistent with the formation of an independent judgment of the quality of an educational institution or program; (ix) Has written procedures for the review of complaints pertaining to institutional or program quality as these relate to the agency's standards, and demonstrates that such procedures are adequate to provide timely treatment of such complaints in a manner fair and equitable to the complainant and to the institution or program; (x) Annually makes available to the public (A) its policies for approval, (B) reports of its operations, and (C) list of institutions or programs which it has approved; (xi) Requires each approved school or program to report on changes instituted to determine continue compliance with standards or regulations; (xii) Confers regularly with counterpart agencies that have similar responsibilities in other and neighboring States about methods and techniques that may be used to meet those responsibilities. (2) It assurances that due process is accorded to institutions or programs seeking approval. The State agency: (i) Provides for adequate discussion during the on-site visit between the visiting team and the faculty, administrative staff, students, and other appropriate persons; (ii) Furnishes as a result of the evaluation visit, a written report to the institution or program commenting on areas of strength, areas needing improvement, and, when appropriate, suggesting means of improvement and including specific areas, if any, where the institution or program may not be in compliance with the agency's standards; (iii) Provides the chief executive officer of the institution program with opportunity to comment upon the written report and to file supplemental materials pertinent to the facts and conclusions in the written report of the visiting team before the agency takes action on the report; (iv) Provides the chief executive officer of the institution with a specific statement of reasons for any adverse action, and notice of the right to appeal such action before an appeal body designated for that purpose; (v) Publishes rules of procedure regarding appeals; (vi) Continues the approval status of the institution or program pending disposition of an appeal; (vii) Furnishes the chief executive officer of the institution or program with a written decision of the appeal body including a statement of its reasons therefor. *Effective July 1, 2011 *(c) Credit-hour policies. The State agency, as part of its review of an institution for initial approval or renewal of approval, must conduct an effective review and evaluation of the reliability and accuracy of the institution's assignment of credit hours. (1)The State agency meets this requirement if— (i)It reviews the institution's-- (A) Policies and procedures for determining the credit hours, as defined in 34 CFR 600.2, that the institution awards for courses and programs; and (B) The application of the institution's policies and procedures to its programs and coursework; and (ii) Makes a reasonable determination of whether the institution's assignment of credit hours conforms to commonly accepted practice in higher education. (2) In reviewing and evaluating an institution's policies and procedures for determining credit hour assignments, a State agency may use sampling or other methods in the evaluation, sufficient to comply with paragraph (c)(1)(i)(B) of this section. (3) The State agency must take such actions that it deems appropriate to address any deficiencies that it identifies at an institution as part of its reviews and evaluations under paragraph (c)(1)(i) and (ii) of this section, as it does in relation to other deficiencies it may identify, subject to the requirements of this part. (4) If, following the institutional review process under this paragraph (c), the agency finds systemic noncompliance with the agency's policies or significant noncompliance regarding one or more programs at the institution, the agency must promptly notify the Secretary. (d) Capacity to foster ethical practices. The State agency must demonstrate its capability and willingness to foster ethical practices by showing that it: (i) Promotes a well-defined set of ethical standards governing institutional or programmatic practices, including recruitment, advertising, transcripts, fair and equitable student tuition refunds, and student placement services; (ii) Maintains appropriate review in relation to the ethical practices of each approved institution or program. (Authority: 20 U.S.C. 1094(b)(3)) >
Criteria and Procedures for Recognition of State Agencies for Nurse Education For the purpose of determining eligibility for Federal assistance, pursuant to the Nurse Training Act of 1964, as amended (42 U.S.C. 298b(6)), the U.S. Secretary of Education is required to publish a list of recognized accrediting bodies, and of State agencies, which he determines to be reliable authorities as to the quality of training offered by schools and programs for diplomas, and associate, baccalaureate and graduate degrees in nursing. The following criteria for recognition of State agencies were published in the January 16, 1969 FEDERAL REGISTER. The Secretary will use these criteria in determining whether a State agency is a reliable authority as to the quality of training offered by schools of nursing. Criteria for State Agencies The State agency: 1. Is statewide in the scope of its operations and is legally authorized to accredit schools of nursing. 2. Makes publicly available: a. Current information covering its criteria or standards for accreditation; b. Reports of its operations; c. Lists of schools of nursing which it has accredited. 3. Has an adequate organization and effective procedures, administered by a qualified board and staff, to maintain its operation on a professional basis. Among the factors to be considered in this connection are that the agency: a. Uses experienced and qualified examiners to visit schools of nursing to examine educational objectives, programs, administrative practices, services and facilities and to prepare written reports and recommendations for the use of the reviewing body - and causes such examinations to be conducted under conditions that assure an impartial and objective judgment; b. Secures sufficient and pertinent data concerning the qualitative aspects of the school's educational program; c. Requires each school of nursing accredited to follow clearly defined refund policies governing all fees and tuition paid by students; d. Enforces a well defined set of standards regarding a school's ethical practices, including recruitment and advertising; e. Requires each school of nursing accredited to submit a comprehensive annual report, including current data on: (1) Progress toward achievement of its stated objectives in nursing education: (2) Qualifications and major responsibilities of the dean or director and of each faculty member: (3) Policies used for selection, promotion, and graduation of students: (4) Practices followed in safeguarding the health and well-being of students: (5) Current enrollment by class and student-teacher ratios: (6) Number of admission to school per year for past 5 years: (7) Number of graduations from school per year for past 5 years: (8) Performance of students on State board examinations for past 5 years: (9) Curriculum plan: (10) Brief course description: (11) Descriptions of resources and facilities, clinical areas and contractual arrangements which reflect upon the academic program. f. Regularly, but at least every 2 years, obtains from each accredited school of nursing: (1) A copy of its audited fiscal report, including a statement of income and expenditures: (2) A current catalog. g. Makes initial and periodic on-site inspections of each school of nursing accredited. 4. Has clear, written procedures for (a) the accreditation of a school of nursing or institution, (b) placing it on a probationary status, (c) revoking the accreditation, and (d) reinstating accreditation. The list of recognized accrediting agencies and State agencies that have been determined by the Secretary of Education to be reliable authorities as to the quality of training offered by schools of nursing will be published periodically in the FEDERAL REGISTER. For purposes of institutional and program accreditation, as provided for in the Nurse Training Act, the appropriate accrediting associations designated by the Secretary as "Nationally Recognized Accrediting Agencies and Associations " (the six regional accrediting associations and the National League of Nursing, Inc.) will be included on the list. The maximum period of recognition that may be granted to a State agency for the approval of nurse education is four years. Recognition of an agency will not denied or withdrawn without affording the agency an opportunity for a hearing by the National Advisory Committee on Institutional Quality and Integrity.
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