# Issue #1: Due Process

**Tentative agreement reached 04-26-07**

[§602.3 What definitions apply to this part?]{.underline}

\* \* \* \* \*

Adverse accrediting decision means a decision to deny, withdraw,
suspend, revoke, or terminate accreditation or preaccreditation, or any
comparable accrediting decision an agency may make against an
institution or program, that will become final unless appealed.

[§602.25 Due process.]{.underline}

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:

\(a\) The agency uses procedures that afford an institution or program a
reasonable period of time to comply with the agency's requests for
information and documents.

\(b\) In arriving at an adverse accrediting decision, the agency applies
procedures that---

\(1\) Require written notice of the deficiencies the institution or
program is believed to have under the agency's standards and policies;

\(2\) Provide a reasonable period of time for the institution or program
to prepare its response to the deficiencies identified;

\(3\) Permit the institution or program to present information---written
and, if deemed necessary by the agency, oral---to the agency in its
response; and

\(4\) Ensure that the agency's decision makers are objective and free of
conflicts of interest.

\(c\) The agency notifies the institution or program in writing of any
adverse accrediting decision or an action to place the institution or
program on probation or show cause. The notice describes the basis for
the decision or action.

\(d\) The agency permits the institution or program the opportunity to
appeal orally or in writing an adverse accrediting decision. The appeal
procedures include\--

\(1\) The right to be represented by counsel during that appeal;

\(2\) The right to have individuals who are objective and free of
conflicts of interest hear and make the decision or the recommended
decision on the appeal; and

\(3\) If the agency allows institutions or programs the right to appeal
other types of actions, the agency has the discretion to limit the
appeal to a written appeal.

\(e\) The agency notifies the institution or program in writing of the
result of its appeal and the basis for that result.

[§602.20 Enforcement of standards.]{.underline}

\(a\) 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 an action to deny, withdraw, suspend, revoke,
or terminate accreditation or preaccreditation, or take comparable
action against, the institution or program; or

\(2\) \* \* \*

\* \* \* \* \*

\(b\) If the institution or program does not bring itself into
compliance within the specified period, the agency must take an
immediate action to deny, withdraw, suspend, revoke, or terminate
accreditation or preaccreditation, or take comparable action against the
institution or program unless the agency, for good cause, extends the
period for achieving compliance.

§602.28 Regard for decisions of States and other accrediting agencies.

\* \* \* \* \*

\(d\) 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 action to deny, withdraw, suspend,
revoke, or terminate accreditation or preaccreditation, or take
comparable action against the institution or program 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 such 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 action it has taken to deny, withdraw,
suspend, revoke, or terminate accreditation or preaccreditation, or take
comparable action against an accredited or preaccredited institution or
program.

**Issue #2: Substantive Change**

**Tentative agreement reached 04-26-07**

[§602.22 Substantive change.]{.underline}

\* \* \* \* \*

(a)(2) The agency's definition of a 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 scope of 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 courses or programs 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 those programs offers more
than 25 percent of one or more of the accredited institution's
educational programs.

\(viii\) If the agency's accreditation of an institution enables the
institution to seek eligibility to participate in Title IV, HEA
programs, the establishment of an additional location geographically
apart from the main campus at which the institution offers at least 50
percent of an educational program. An 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 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,
has at least three additional locations that the agency has approved,
and has 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---

\(A\) Clearly identified academic control;

\(B\) Regular evaluation of the locations;

\(C\) Adequate faculty, facilities, resources, and academic and student
support systems;

\(D\) Financial stability; and

\(E\) Long-range planning for expansion.

The agency's procedures must require timely reporting to the agency of
every additional location established under this approval. Each agency
determination or redetermination to preapprove the addition of multiple
locations under this paragraph must be of limited duration, and may not
exceed five years. The agency may no longer preapprove an institution's
addition of multiple locations under this paragraph after the
institution undergoes a change of ownership resulting in a change in
control as defined in 34 C.F.R. §600.31 until the institution
demonstrates that it meets the conditions for the agency to preapprove
multiple locations set forth in this paragraph.

\(3\) The agency's substantive change policy must define when the
changes made or proposed are or would be sufficiently extensive to
require the agency to do a new comprehensive evaluation of the
institution.

\(b\) The agency may determine the procedures it uses to grant prior
approval of the substantive change. However, the procedures must specify
an effective date, 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 of ownership as the effective date of its approval
of that substantive change if the accreditation decision is made within
30 days of the change of ownership. Except as provided in paragraph (c)
of this section, the agency's approval policies for additional locations
may, but need not, require a visit by the agency.

\(c\) 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 described in paragraph (a)(2)(viii) of this section must
determine if the institution has the 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
throughout the accreditation cycle, 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.

**Issue #3: Monitoring of institutions**

# Tentative agreement: Not yet fully discussed

[§602.19 Monitoring and reevaluation of accredited institutions and
programs.]{.underline}

\(a\) The agency must reevaluate, at regularly established intervals,
the institutions or programs it has accredited or preaccredited.

\(b\) The agency must monitor institutions or programs throughout their
accreditation or preaccreditation period, ~~to ensure that they remain
in compliance with the agency's standards. This includes~~ [by requiring
periodic reports and]{.mark} conducting special evaluations or site
visits, as necessary[~~., to ensure that the institution or
program\--~~]{.mark}

[]{.mark}

[~~(1) Resolves identified problems related to compliance with agency
standards; and~~]{.mark}

[]{.mark}

[~~(2) Implements concrete and reasonable steps to improve the
institution's or program's performance in relation to the institution's
educational mission.~~]{.mark}

\(c\) [To signal the need for agency review of the status of the
institution or program,]{.mark} the agency must regularly collect and
analyze information on key performance indicators. [~~such as~~]{.mark}
[These may include, but are not limited to,]{.mark} enrollments,
financial audits [or other financial information]{.mark}, retention
[rates~~, and~~]{.mark} completion rates, [job placement rates, and
State license examination pass rates]{.mark}, and [~~other~~]{.mark}
measures of student achievement identified by the agency. [~~to signal
the need for~~]{.mark} [~~intervention~~]{.mark}

[(d) ~~The agency must provide a rationale acceptable to the Secretary,
which may include consideration of the length of educational offerings,
for the intervals between evaluations and institutional reporting that
takes into consideration the length of the accreditation
period.~~]{.mark}

[**(d) The agency must demonstrate it has, and effectively applies, a
set of monitoring and reevaluation approaches that provide the agency
with reasonable certainty of identifying potential problems with an
institution's or program's continued compliance with agency standards
and that take into account institutional or** program strengths and
stability.]{.mark}

The following non-redlined version includes the one suggested change
made at the third session

[§602.19 Monitoring and reevaluation of accredited institutions and
programs.]{.underline}

\(a\) The agency must reevaluate, at regularly established intervals,
the institutions or programs it has accredited or preaccredited.

\(b\) The agency must monitor institutions or programs throughout their
accreditation or preaccreditation period, by requiring periodic reports
and conducting special evaluations or site visits, as necessary.

[]{.mark}

\(c\) To signal the need for agency review of the status of the
institution or program, the agency must regularly collect and analyze
information on key performance indicators. These may include, but are
not limited to, enrollments, financial audits or other financial
information, retention rates, completion rates, job placement rates, and
State license examination pass rates, and measures of student
achievement identified by the agency.

\(d\) The agency must demonstrate it has, and effectively applies, a set
of monitoring and reevaluation approaches that ~~provide the agency with
reasonable certainty of identifying~~ **enables the agency to identify**
potential problems with an institution's or program's continued
compliance with agency standards and that take into account
institutional or program strengths and stability.

**Issue #6: Quantitative standards for programs leading**

> **to gainful employment**

**Issue #7: Institutional success with respect to**

> **student achievement**

# No tentative agreement as of 4-26-07 

§602.16 Accreditation and preaccreditation standards.

\(a\) The agency must demonstrate that it has standards for
accreditation and, if offered, preaccreditation 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 types of institutions or programs. Standards
satisfying this criterion must include expected levels of performance
that are either established by the agency, or established by the
institution or program under subparagraphs (A) and (B). In addition---

\(A\) If the agency does not establish the expected levels of
performance with respect to student achievement, the institution or
program, at the institution or program level respectively, must---

*(1)* Specify its goals for student achievement;

*(2)* Establish the expected level of performance; and

*(3)* Demonstrate its performance against those expected levels of
performance using quantitative and qualitative evidence, including, as
appropriate, external indicators.

\(B\) For prebaccalaureate vocational programs and degree programs
leading to initial professional licensure or certification, expected
levels of performance must include completion rates, job placement
rates, and, as applicable, pass rates on State licensing examinations or
other appropriate measures of occupational competency.

\(C\) Every agency must demonstrate that its standards and processes
allow it to evaluate whether the evidence provided by the institution or
program shows that the institution's or program's performance is
acceptable. In any instances when the institution or program establishes
the expected levels of performance, the agency must also demonstrate
that its standards and processes allow it to evaluate the institution's
or program's expected levels of performance. The agency will take into
account the institution's or program's use of other externally-set
performance measures or criteria.

\(D\) Institutional accreditors will consider information provided by
the institution about program level performance either in the aggregate,
or at both the program level and in the aggregate, in making the
institutional accreditation decision.

**Issue #8: Consideration of mission in application of**

> **standards**

**Tentative agreement reached 4-25-07**

[§602.17 Application of standards in reaching an accrediting
decision.]{.underline}

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---

\* \* \* \* \*

\(g\) Applies its accreditation standards in a manner that does not
undermine the stated religious mission of any institution of higher
education.

Issue #9: Transfer of credit and acceptance of

> credentials

**No tentative agreement as of 4-25-07**

§602.16 Accreditation and preaccreditation standards.

\(a\) The agency must demonstrate that it has standards for
accreditation and, if offered, preaccreditation, 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:

\* \* \*

\(vii\) Recruiting and admissions practices, academic calendars,
catalogs, publications, grading, and advertising.

\(A\) Agency standards on admissions must provide that decisions about
transfer of credit and acceptance of credentials are not made solely on
the source of accreditation of a sending institution or program, as long
as the accreditation in question is from a recognized accrediting agency
and within that agency's scope, and must also provide that the
institutions or programs disclose to prospective students their policies
concerning transfer of credit and acceptance of credentials.

**Issue #10: Direct assessment programs**

**Tentative agreement reached on 4-25-07**

[§602.3 What definitions apply to this part?]{.underline}

\* \* \* \* \*

*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.

\* \* \*

*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. Except with respect to programs approved by the
Secretary under 34 C.F.R. §668.10, scope does not include accreditation
or preaccreditation granted to or comprising any program offered in
whole or in part as a direct assessment program. The Secretary's
designation of scope defines the recognition granted according to---

**Issue #12: Recognition procedures**

**Issue #13: Decision-making authority**

**Tentative agreement: Not yet fully discussed**

## ***The bolded text reflects changes made on 4-26-07*. *The highlighted text is new.***

Subpart A -- General

§602.3 What definitions apply to this part?

\* \* \*

*Recognition* means an unappealed determination by the senior Department
official under 34 C.F.R. §602.34, or a determination by the Secretary on
appeal under 34 C.F.R.

§602.36, 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 performance with respect to those criteria. Recognition
is conditional and may be revoked at any time prior to its expiration
upon a determination made in accordance with 34 C.F.R. §602.34 or 34
C.F.R. §602.36, as applicable, that the agency no longer complies with
the subpart B criteria or that it has become ineffective in its
performance with respect to those criteria.

Subpart C -- The Recognition Process

§602.31 How does Department staff review an agency's application?

\* \* \*

\(b\) Department staff analyzes the agency's application 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 any deficiencies in the agency's
performance with respect to the criteria. The analysis includes---

\(1\) Site visits, on an announced or unannounced basis, to the agency
or to some of the institutions or programs it accredits or preaccredits.

\* \* \*

§602.32 What **procedures will the Department staff follow in
investigating recognized agencies?**

\(a\) Department staff may conduct an investigation into the compliance
of a recognized agency with the criteria for recognition at any time, on
its own initiative, at the request of the Advisory Committee, **or based
on any other relevant information received, including any third party
complaint that appears credible and raises issues relevant to
recognition**. The investigation may include, but need not be limited
to, any of the activities described in 34 C.F.R. §602.31(b)(1), (b)(2),
(b)(3), and (c).

\(b\) If, in the course of the investigation, Department staff
**concludes that** one or more **material deficiencies may exist in the
agency's** compliance with the criteria for recognition, it---

\(1\) **Must notify the agency in writing of the criteria and issues of
concern and discuss the matter with agency representatives**;

\(2\) If not satisfied **with** the agency's **explanation, establishes
a time period, not to exceed three months from the date of the notice
provided under paragraph (1), during which the agency must file a
written report (including documentation) demonstrating compliance with
the criteria cited by the staff and resolving all issues the staff has
raised;**

\(3\) **Reviews any report submitted by an agency under paragraph (2)
and, if still dissatisfied---**

**(i)** Establishes a schedule for the review of the issues by the
Advisory Committee;

**(ii)** Publishes a notice in the Federal Register inviting the public
to comments on the agency's compliance with the criteria in question and
establishing a deadline for receipt of public comment;

**(iii)** Provides State licensing or authorizing agencies, all
currently recognized accrediting agencies, and other appropriate
organizations with copies of the Federal Register notice;

**(iv)** Prepares a written analysis of the agency's compliance with the
criteria identified that reflects the results of the investigation, and
that includes a recommendation regarding what action to take with
respect to recognition. Possible recommendations include, but are not
limited to, limiting, suspending, or terminating recognition;

**(v)** Sends its analysis and all supporting documentation to the
agency for response and, if necessary, prepares an addendum, all in
accordance with §602.31(e)(2), (e)(3), (f), and (g);

**(vi)** Before the Advisory Committee ~~meeting~~ **[hearing]{.mark}**,
provides the Advisory Committee with any materials generated or obtained
under this section, along with any other information Department staff
relied on in developing its analysis; and

**(vii)** At least 30 days before the Advisory Committee ~~meeting~~
**[meets to conduct hearings for review of agencies]{.mark}**, 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.

[§602.33 ~~What is the role of the Advisory Committee in the review of
an agency's application?~~ **[How are Advisory Committee hearings for
review of agencies conducted?]{.mark}**]{.underline}

\(a\) The Advisory Committee considers an agency's application for
recognition **and staff analysis prepared under** §**602.31,** or a
staff analysis prepared under §602.32 together with the associated
agency report **and response**, ~~at~~ **[in]{.mark}** a public
~~meeting~~ **[hearing]{.mark}** and invites Department staff, the
agency, and other interested parties to make oral presentations ~~at~~
**[during]{.mark}** the ~~meeting~~ **[hearing]{.mark}**. A transcript
is made of ~~each~~ **[all]{.mark}** Advisory Committee ~~meeting~~
**[hearings]{.mark}**.

\(b\) When it concludes its review, the Advisory Committee makes such
recommendations to the senior Department official as the Committee deems
appropriate, including, but not limited to, a recommendation to approve,
deny, limit, suspend, or terminate recognition, or to defer a decision
on the agency's application for recognition.

(1)(i) The Advisory Committee recommends approval of recognition if the
agency complies with the criteria for recognition listed in subpart B of
this part and if the agency is effective in its performance with respect
to those criteria.

\(ii\) If the Advisory Committee recommends approval, the Advisory
Committee also recommends a recognition period and a scope of
recognition.

\(iii\) If the recommended scope or period of recognition is less than
that requested by the agency, the Advisory Committee explains its
reasons for recommending the lesser scope or recognition period.

(2)(i) If **the Advisory Committee determines that the** agency fails to
comply with the criteria for recognition cited in the Department staff
analysis, or if **it determines that** the agency is not effective in
its performance with respect to those criteria, the Advisory Committee
recommends denial, limitation, suspension, or termination of
recognition, unless the Advisory Committee concludes that a deferral by
the senior Department official under paragraph (b)(3) of this section is
warranted.

\(ii\) If the Advisory Committee recommends denial, limitation,
suspension, or termination of recognition, the Advisory Committee
specifies the reasons for its recommendation, including all criteria the
agency fails to meet and all areas in which the agency fails to perform
effectively.

\(iii\) If the Advisory Committee identifies areas of noncompliance with
the criteria for recognition (or in the effectiveness of agency
performance with respect to those criteria) that are not identified in
the Department staff analysis before the Advisory Committee, the
Advisory Committee postpones further consideration of the agency
[~~until its next meeting~~]{.mark}, and Department staff conducts an
investigation under 34 C.F.R. §602.32 of the new issues raised by the
Advisory Committee.

\* \* \*

\(c\) At the conclusion of its ~~meeting~~ **[hearings for review of
agencies]{.mark}**, the Advisory Committee forwards its recommendations
to the senior Department official, except as provided in paragraph
(b)(2)(iii) of this section.

[§602.34 What does the senior Department official consider when making a
recognition decision?]{.underline}

The senior Department official makes a decision regarding recognition of
an agency based on the entire record made under 34 C.F.R. §§602.31 or
602.32, including the following:

\(a\) The Advisory Committee's recommendation.

\(b\) The Department staff analysis of the agency.

\(c\) Any addendum to the Department staff analysis.

\(d\) Any agency response to the Department staff analysis and
third-party comments.

(e)The agency's application submitted under 34 C.F.R. §602.31, or its
report submitted under 34 C.F.R. §602.32, and supporting documentation.

\(f\) All written third-party comments forwarded by Department staff to
the Advisory Committee for consideration ~~at the meeting~~ **[during
the Advisory Committee hearing]{.mark}**.

\(g\) All oral presentations **[made during]{.mark}** ~~at~~ the
Advisory Committee ~~meeting~~ **[hearing]{.mark}**.

[§602.35 What information does the senior Department official's
recognition decision include?]{.underline}

\(a\) The senior Department official notifies the agency in writing of
the senior Department official's decision regarding the agency's
recognition.

\(b\) The decision the senior Department official may make includes, but
is not limited to, approving, denying, limiting, suspending, or
terminating recognition, or deferring a decision on the agency's
recognition.

(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 is effective in its performance with respect to
those criteria.

\(ii\) If the senior Department official approves recognition, the
recognition decision defines the scope of recognition and the
recognition period.

\(iii\) 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) If the agency fails to comply with the criteria for recognition
in subpart B of this part, or if the agency is not effective in its
performance with respect to those criteria, the senior Department
official denies, limits, suspends, or terminates recognition, unless the
senior Department official concludes that a deferral under paragraph
(b)(3) of this section is warranted.

\(ii\) 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 areas in which the agency fails to perform effectively with
respect to the criteria.

(3)(i) The senior Department official may defer a decision on
recognition if the senior Department official concludes that the
agency's deficiencies do not warrant immediate denial, limitation,
suspension, or termination of recognition and if the senior Department
official concludes that the agency will demonstrate or achieve
compliance with the criteria for recognition and effective performance
with respect to those criteria before the expiration of the deferral
period.

\(ii\) In the deferral decision, the senior Department official states
the bases for the senior Department official's conclusions, specifies
any criteria for recognition the agency fails to meet, and identifies
any areas in which the agency fails to perform effectively with respect
to the criteria.

\(iii\) The senior Department official also establishes a deferral
period, which begins on the date of the senior Department official's
decision.

\(iv\) The deferral period may not exceed 12 months, either as a single
deferral period or in combination with any expiring deferral period in
which similar deficiencies in compliance or performance were cited by
the senior Department official, except that the senior Department
official may grant an extension of an expiring deferral period at the
request of the agency for good cause shown.

\(c\) No recognition period may exceed five years. Prior to the
expiration of a period of recognition, an agency desiring renewal must
apply under 34 C.F.R.

§602.31.

\(d\) 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 the final
decision is reached.

\(e\) Unless appealed in accordance with 34 C.F.R.

§602.36, the senior Department official's decision is the final decision
of the Secretary.

§602.36 How may an agency appeal the senior Department official's
decision?

\(a\) The agency may appeal the senior Department official's decision to
the Secretary. 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 no later than 10 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
any new evidence in its submission, i.e., evidence it did not previously
submit to the Advisory Committee.

\(d\) On appeal, the Secretary makes a recognition decision in
accordance with 34 C.F.R. §602.34, rendering a final decision after
taking into account the senior Department official's decision and the
parties' written submissions on appeal, as well as the entire record
before the Advisory Committee and the Advisory Committee's opinion. The
Secretary notifies the agency in writing of the Secretary's decision
regarding the agency's recognition.

§602.37 May an agency appeal the Secretary's final decision to deny,
limit, suspend, or terminate its recognition?

An agency may appeal the Secretary's decision under this part in the
Federal courts as a final decision in accordance with applicable Federal
law.

**Issue #14: Agency materials---record keeping and**

> **confidentiality**

**Tentative agreement reached on 4-26-07**

§602.15 Administrative and fiscal responsibilities.

\* \* \* \* \*

\(b\) The agency maintains complete and accurate records of---

\(1\) Its last full accreditation or preaccreditation review~~s~~ 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, substantive change 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 the institution or program and substantive changes,
including all correspondence that is significantly related to those
decisions.

[§602.30 How does an agency apply for recognition?]{.underline}

\* \* \* \* \*

\(b\) \* \* \*

\(c\) The Secretary's ability to honor agency requests to withhold
agency materials reviewed under this Part from public disclosure is
subject to the Freedom of Information Act, 5 U.S.C. §552; the Trade
Secrets Act, 18 U.S.C. §1905; the Privacy Act, 5 U.S.C. §552a, and other
applicable law.

§602.27 Other information an agency must provide the Department

\* \* \* \* \*

\(f\) 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.

**Issue #15: Providing information to the public**

**Tentative agreement: Not yet fully discussed**

[§602.16 Accreditation and preaccreditation standards.]{.underline}

\(a\) The agency must demonstrate that it has standards for
accreditation, and, if offered, preaccreditation 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:

\* \* \*

\(vii\) Recruiting and admissions practices, academic calendars,
catalogs, publications, grading and advertising.

\* \* \*

\(B\) The agency must require each program or institution it accredits
to publish information related to the program's or institution's
effectiveness in fulfilling program objectives or institutional mission,
especially indicators of the program's or institution's performance
regarding student achievement, including data specified in
**§602.16(a)(1)(i)(B)**.