May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 1 Issue #1

Proposed Regulatory Language
Team III

– Accreditation

Origin: HEOA

Issue: Definitions of distance education and correspondence education

Statutory cites: HEOA section 103(a)(1) Amends HEA section 103(7) See page 10 of statutory language handout

Regulatory cites: 34 CFR 602.3 (and 34 CFR 600.2)

Changes to the version provided for the April 21

- 23 meeting:

Changes have been made to reflect the language on which we reached tentative agreement during
our discussions in April . The se changes are h ighlighted in yellow (light shading).

Tentative agreement: y es

Regulatory language (contextual format) :

**§ 602.3 What definitions apply to this part?** 

The following definitions apply to this part:

* * *

**Correspondence education mea**  **ns :** 

**(1 ) E**  **ducation provided through one or more**  **“home study”**

**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 may**  **not be considered is not** 

**distance education.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 2 * * *

**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 suppo rt 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) Audio conferencing; 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 technolog ies listed in paragraphs (1) through (3).** 

**§ 600.2 Definitions** 

**.**

* * *

Correspondence course: (1) A “home study” course provided

by an institution under which the institution provides

instructional materials, **by mail or electronic transmission,**

including examinations on the materials, to students who are not

physically attending classes at the institution **separated from**

**the instructor.** When students complete a portion of the

instructional materials, the students take the examinations that

relate to that p ortion of the materials, and return the

examinations to the institution for grading. **Interaction**

**between the instructor and student is limited, is not regular** 

**and substantive, and is primarily initiated by the student.** 

**Correspondence courses are typical ly self** 

**- paced.** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 3 (2) A home study course that provides instruction in whole

or in part through the use of video cassettes or video discs in

an award year is a correspondence course unless the institution

also delivers the instruction on the cassette or disc to

students physically attending classes at the institution during

the same award year.

( 3 **2** ) If a course is part correspondence and part

residential training, the Secretary considers the course to be a

correspondence course.

**( 3**  **) A correspondence course**  **may not be considered is not** 

**distance education.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 4 Issue #2

Proposed Regulatory Language
Team III

– Accreditation

Origin: HEOA

Issue: Accreditation team members

Statutory cites: HEOA section 495(2)(A)
Amends HEA section 496(c)(1) See page 5 of statutory language handout

Regulatory cite: 34 CFR 602.15

Changes to the version provided for the April 21

- 23 meeting:

For consistency in terminology, the word "education" has been added after "distance" in the last

pa ragraph. This change is h ighlighted in aqua (dark shading).

Tentative agreement: yes

Regulatory language (contextual format):

**§ 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

--

* * *

(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** its standards, policies, and

procedures, to conduct its on

- site evaluations, **apply or**

establish its policies, and mak e its accrediting and

preaccrediting decisions, **including, if applicable to the**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 5 **agency’s scope, their responsibilities regarding distance**

**education and correspondence education**  ;May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 6 Issue #3

Proposed Regulatory Language
Team III

– Accreditation

O rigin: HEOA

Issue: Student achievement standard

Statutory cites: HEOA section 495(1)(B) Amends HEA section 496(a)(5)(A) See page 3 of statutory language handout

Regulatory cites: 34 CFR 602.16(a)(1) and (e)

Changes to the version provide d for the April 21

- 23 meeting:

A change has been made reflecting the discussion during the April 21

- 23 meeting. This change is highlighted in yellow (light shading). In addition, the new paragraph has been designated (f) instead of (e) to reflect the re structuring in Issue # 10. This change is highlighted in aqua (dark shading).

Tentative agreement: yes

Regulatory language (contextual format):

NOTE: The changes in §602.16 reflect the restructuring presented in issue #10.

**§ 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 edu cation 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:May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 7 (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 State licensing exam inations, course

completion, and job placement rates.

* * * * *

**(e) (f)**  **Nothing in paragraph (a) 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 , with accred**  **iting agency approval**

**.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 8 Issue #4

Proposed Regulatory Language
Team III

- Accreditation

Origin: HEOA

Issue: Operating procedures

– Transfer of credit

Statutory cites: HEOA section 495(2)(C)
Amends HEA section 49 6(c) See page 6 of statutory language handout

Regulatory cite: 34 CFR 602.24

Changes to the version provided for the April 21

- 23 meeting:

To make it clear that the final regulation s will contain a specific cross reference to the general

pro visions regulation addressing transfer of credit, an "x" has been added after §668.43. This change is h ighlighted in aqua (dark shading).

Tentative agreement: yes

Regulatory language (contextual format):

**§ 602.24 Additional procedures certain inst**  **itutional accreditors**

**must have.**

* * * * *

**(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 t ransfer of credit**  **policies that**

**--**
**(1) Are publicly disclosed in accordance with §**  **668.43 (x)**  **;**

**and**

**(2) Include a statement of the criteria established by the**

**institution regarding the transfer of credit earned at another**

**institution of higher education.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 9 Issue #5

Proposed Regulatory Language
Team III

- Accreditation

Origin: HEOA

Issue: Operating procedures

– Teach

- out plan approval

Statutory cites: HEOA section 495(2)(C) Amends HEA section 496(c) by adding a new paragraph (3) See page 5 of statutory language handout

Regulatory cites: 34 CFR 602.3 and 602.24(c)

Changes to the version provided for the April 21

- 23 meeting:

Changes have been made to reflect the suggestions, made during the April 21

- 23 session, with which the Department concurs. These changes are highlighted in aqua (dark shading).

Tentative agreement : Not yet reached

Change s :

**§ 602.3 What definitions apply to this part?** 

The following definitions apply to this part:

* * *

Teach

- out agreement means a written agreement between

institutions that provides for the equitable treatment of

students **and a reasonable opportunity for students t o complete** 

**their program of study** if one of those **an** institution s **, or an** 

**institutional location that provides one hundred percent of at**

**least one program offered**
**,** stops offering **ceases to operate one** 

**or more of its** an educational program **s** before all **enroll ed** 

students enrolled in that program have completed the **ir** program

**of study**

.May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 10 **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, cease**  **s 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** 

**.**

**§ 602.24**  **Additi o**  **nal procedures certain institutional**

**accreditors must have.**

* * * * *

(c ) Teach

- out **plans and** agreement s

. **(1) The agency must**

**require an institution it accredits or preaccredits to**  **submit a**

**teach**

**- out plan to the agency for approval upon the occurrenc**  **e of**

**any of the following events :** 

**(i) The Secretary notifies the agency that the** 

**Secretary has initiated an emergency action against an** 

**institution, or an action to limit, suspend, or terminate an** 

**institution participating in any t**  **itle IV, HEA program**
**, i**  **n**

**accordance with the relevant portions of subpart G of**  **part 668** 

**.**
**(ii) The agency acts to withdraw, terminate, or suspend** 

**the accreditation or preaccr editation of the institution.** 

**(iii) The institution notifies the agency that it intends** 

**to cease oper ations**  **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 be en 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 costs,** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 11 **if any, and provides for notification to the stude nts of any** 

**additional costs**

**. and does not result in duplicative or** 

**increased 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 o f 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.** 

(1) **(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,** to submit that

teach

- out agreement to the agency for approval. (2) The agency

may approve the teach

- out agreement only if the agreement is

between institutions that are accredited or preaccre dited 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, a nd support services to

**--**

**(A) P** rovide an educational program that is of acceptable

quality and reasonably similar in content, structure, and

scheduling to that provided by the closed 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 tra vel substantial distances **and that**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 12 **it will provide students with information about additional**

**costs, if any or to incur duplicative or increased charges** 

.
(3) (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 ensure that

students are given reasonable opportunities to complete their

education without **additional duplicative or increas**  **ed** charge **s**

.May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 13 Issue #6

Proposed Regulatory Language
Team III

- Accreditation

Origin: ED

Issue: Definition of Recognition

Statutory Cite : HEA section 496 (o)

Regulatory Cites : 34 CFR 602.3

Changes to the version provided for the Apr il 21

- 23 meeting :

The changes made during the April 21

- 23 session are highlighted in yellow (light shading.) No additional changes to the version redrafted during session 2, and on which tentative agreement was reached on April 23 rd

, have been made.

Tentative Agreement : y es

Regulatory language (contextual format):

**§ 602.3 What definitions apply to this part?** 

The following definitions apply to this part:

* * *

**Recognition means an unappealed determination by the senior** 

**Departme nt 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 performance** 

**application o f**  **with respect to 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 Recognition may b**  **e revoked at any time prior**

**to its expiration upon a determination made in accordance with** 

**s ubpart C that the agency no longer complies with the subpart B** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 14 **criteria or that it has become ineffective in its performance** 

**application of with respect to**  **those cr iteria.** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 15 Issue s #7 and #8

Proposed Regulatory Language
Team III

– Accreditation

Origin: HEOA and ED

Issue s : Recognition Procedures

– Subparts C & D Demonstration of compliance within 12 mo nths and recognition when not fully compliant

Statutory Cite s : HEA Sections 496(l)(1)(B) HEA Sections 496(d), 496(l), and 496(m), 496(o)
HEOA Section 106, 495(1)(A), 495(5)

Regulatory Cites : 34 CFR 602.3 and 602 Subparts C & D

Ch anges to the version provided for the April 21

- 23 meeting:

The changes to subparts C and D provided for the discussion at the April 21

- 23 session were in plain text, rather than a redline version. On April 23, we provided a marked

- up version, to
reflect the discussio n to date, with deleted text struck through and added text shown in bold with underlining. Suggestions agreed to the morning of April 23 are highlighted in yellow (light shading). Technical changes made are highlighted in aqua (dark shading).

Tentative agreement : on all sections except §§602.36(b) and 602.37(f).

Regulatory language (contextual format):

**§ 602.3 What definitions apply to this part**  ?

The following definitions apply to this part:

* * *

**Compliance report means a written report that th**  **e** 1

**Department requires an agency to file to demonstrate that the**  2

**agency has addressed deficiencies specified in a decision letter**  3

**from the senior Department official or the Secretary.** 4

5

* * * 6May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 16 **Designated Federal Official means the Federal officer**  1

**designat ed under section 10(f) of the Federal Advisory Committee**  2

**Act, 5 U.S.C. Appdx. 1.** 3

4

SUBPART C

- The Recognition Process 5

APPLICATION AND REVIEW BY DEPARTMENT STAFF 6

**§ 602.30 Activities covered by recognition procedures.**  7

Recognition proceedings are administra tive actions taken on 8

any of the following matters: 9

(a) A pplications for initial or continued recognition 10

submitted under § 602.31(a). 11

(b) Applications for an e xpansion of scope submitted under 12

§ 602.31(b). 13

(c) Compliance reports submitted under § 602.31( c). 14

(d) Reviews of agencies that have expanded their scope of 15

recognition by notice, following receipt by the Department of 16

information of an increase in headcount enrollment described in 17

§ 602.19(f). 18

(e) Staff analyses identifying areas of non

- complianc e 19

based on a review conducted under § 602.33. 20

21

**§ 602.31 Agency submissions to the Department.**  22

(a) Applications for recognition or renewal of 23

recognition . An accrediting agency seeking initial or continued 24

recognition must submit a written application to t he Secretary. 25

Each accrediting agency must submit an application for continued 26

recognition at least once every five years, or within a shorter 27

time period specified in the final recognition decision. The 28

application must consist of

-- 29

(1) A statement of the agency’s requested scope of 30

recognition; 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 17 (2) Evidence **, i ncluding documentation,**  that the agency 1

complies with the criteria for recognition listed in subpart B 2

of this part and is effective **ly applies** in its performance with 3

respect to those criter ia ; **and** 4

(3) Evidence **, including documentation,** of how an agency 5

that includes or seeks to include distance education or 6

correspondence education in its scope of recognition applies its 7

standards in evaluating programs and institutions it accredits 8

that of fer distance education or correspondence education

**.** ; and 9

(4) Supporting documentation. 10

(b) Applications for expansions of scope. An agency 11

seeking an expansion of scope by application must submit a 12

written application to the Secretary. The application must

-- 13

(1) Specify the scope requested; 14

(2) Include documentation of experience in accordance with 15

§ 602.12(b); and 16

(3) Provide copies of any relevant standards, policies or 17

procedures developed and applied by the agency and documentation 18

of the applicat ion of these standards, policies or procedures. 19

(c) Compliance reports. If an agency is required to 20

submit a compliance report, it must do so within 30 days 21

following the end of the period for achieving compliance , not to 22

exceed 12 months, **as** specified in the decision of the senior 23

Department official or Secretary, as applicable. 24

(d) Review following an increase in headcount enrollment. 25

If an agency **that has notified the Secretary in writing of its** 26

**change in scope to include distance education or corre spondence**  27

**education in accordance with §**  **602.27(a)(5)** has report ed **s** an 28

increase in headcount enrollment under **in accordance with** 29

§ 602.19(f) for an institution it accredits, or if the Department 30

notifies the agency of such an increase at one of the agency’s 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 18 accredited institutions, the agency must, within 30 **45** days of 1

reporting the increase or receiving notice of the increase from 2

the Department, as applicable, submit a report addressing 3

**explaining**

-- 4

(1) How it **the agency** evaluates the capacity of **the** 5

insti tutions or programs it accredits to accommodate large 6

increases **significant growth** in enrollment and **to** maintain 7

educational quality; 8

(2) The results of the evaluation in the case of the 9

individual **specific circumstances regarding the growth at the** 10

insti tution(s) or programs(s) that triggered the review

, **and the**  11

**results of any evaluation conducted by the agency** ; and 12

(3) Any other information **that** the **agency deems** 13

**appropriate to demonstrate the effective application of the** 14

**criteria for recognition or that the**  Department may require. 15

(e) Consent to sharing of information. By submitting an 16

application for recognition, the agency authorizes Department 17

staff **throughout the application process and during any period** 18

**of recognition**

**--** 19

**(1) T**  t o observe its site v isits to one or more of the 20

institutions or programs it accredits or prea c credits

, **on an** 21

**announced or unannounced basis ;**  and 22

**(2) T**  t o visit locations where agency activities such as 23

training, review and evaluation panel meetings, and decision s 24

meetings tak e place, on an announced or unannounced basis; 25

throughout the application process and during any period of 26

recognition ; 27

**(3) T**  t o obtain copies of all documents the staff deems 28

necessary to complete its review of the agency; and 29

**(4) T**  t o gain access to ag ency records, personnel and 30

facilities. 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 19 ( f ) Public availability of agency records obtained by the 1

Department. (1) The Secretary’s processing and decision making 2

on requests for public disclosure of agency materials reviewed 3

under this p art are governed b y the Freedom of Information Act, 4

5 U.S.C. §552; the Trade Secrets Act, 18 U.S.C. §1905; the 5

Privacy Act of 1 974, as amended, 5 U.S.C §552a; the Federal 6

Advisory Committee Act, 5 U.S.C. Appdx

. 1, and all other 7

applicable laws. In recognition proceedings, a gencies must 8

**may**

-- 9

(i) Redact information that would identify individuals or 10

institutions that is not essential to the Department’s review of 11

the agency; 12

(ii) Make a good faith effort to designate all business 13

information within agency submissions that the agency believes 14

would be exempt from disclosure under exemption 4 of the Freedom 15

of Information Act (FOIA), 5 U.S.C

. § 552(b)( 4). A blanket 16

designation of all information contained within a submission, or 17

of a category of documents, as meeting this ex emption will not 18

be considered a good faith effort and will be disregarded; 19

(iii) Identify any other material the agency believes 20

would be exempt from public disclosure under FOIA, the factual 21

basis for the request and any legal basis the agency has 22

ident ified for withholding the document from disclosure; and 23

(iv) Ensure documents submitted are only those required 24

for Department review or as requested by Department officials. 25

(2) The Secretary processes FOIA requests in accordance 26

with 34 CFR part 5 and makes all documents provided to the 27

Advisory Committee available to the public. 28

29May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 20 **§ 602.32 Procedures for**  **Department review**  **of applications for** 1

**recognition or for change in scope, compliance reports, and**  2

**increases in enrollment.** 3

(a ) After receipt of an ag ency’s application for initial 4

or continued recognition, or change in scope, or an agency’s 5

compliance report, or an agency’s report submitted 6

under § 602.31(d), Department staff publishes a notice of 7

the agency’s application or report in the Federal Regi ster 8

inviting the public to comment on the agency’s compliance with 9

the criteria for recognition and establishing a deadlin e for 10

receipt of public comment. 11

(b) The Department staff analyzes the agency’s application 12

for initial or renewal of recognition, c ompliance report, or 13

report submitted under § 602.31(d) to determine whether the 14

agency satisfies the criteria for recognition, taking into 15

account all available relevant information concerning the 16

compliance of the agency with those criteria and in the age ncy’s 17

performance with respect to **effectiveness in applying** the 18

criteria

, and any previously identified deficiencies . The 19

analysis of an application for recognition and, as appropriate, 20

of a report required under § 602.31(c) or (d), includes

-- 21

(1) Observa tions from site visit(s), on an announced or 22

unannounced basis, to the agency or to a location where agency 23

activities such as training, review and evaluation panel 24

meetings, and decision meetings take place and to one or more of 25

the institutions or progra ms it accredits or preaccredits; 26

(2) Review of the public comments and other third

- party 27

information the Department staff receives by the established 28

deadline, and the agency’s responses to the third

- party 29

comments, as appropriate, as well as any other in formation 30May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 21 Department staff assembles for purposes of evaluating the agency 1

under this part; and 2

(3) Review of complaints or legal actions involving the 3

agency. 4

(c) The Department staff analyzes the materials submitted 5

in support of an application for exp ansion of scope to ensure 6

that the agency has the requisite experience, compliant policies 7

**that comply with subpart B** , capacity and performance record to 8

support the request. 9

(d) Department staff’s evaluation of an agency may also 10

include a review of info rmation directly related to institutions 11

or programs accredited or preaccredited by the agency relative 12

to their compliance with the agency’s standards, the 13

effectiveness of the standards, and the agency’s application of 14

those standards. 15

(e) If, at any po int in its evaluation of an agency 16

seeking initial recognition, Department staff determines that 17

the agency fails to demonstrate compliance with the basic 18

eligibility requirements in §§ 602.10 through 602.13, the staff

-- 19

(1) Returns the agency’s applicatio n and provides the 20

agency with an explanation of the deficiencies that caused staff 21

to take that action; and 22

(2) Recommends that the agency withdraw its application 23

and reapply when the agency can demonstrate compliance. 24

(f) Except with respect to an app lication that has been 25

returned or is withdrawn under paragraph (e) of this section, 26

when Department staff completes its evaluation of the agency, 27

the staff

-- 28

(1) Prepares a written draft analysis of the agency; 29

(2) Sends the draft analysis includ ing an y identified 30

areas of non

- compliance and a proposed recognition 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 22 recommendation , and all supporting documentation, including all 1

third

- party comments the Department received by the established 2

deadline, to the agency ; 3

(3) Invites the agency to provide a w ri tten response to 4

the draft analysis and proposed recognition recommendation and 5

third

- party comments, specifying a deadline that provides at 6

least 30 days for the agency’s response; 7

(4) Reviews the response to the draft analysis the agency 8

submits, if any, and prepares the written final analysis. The 9

final analysis includes a recognition recommendation to the 10

senior Department official

, as the Department staff deems 11

appropriate, including, but not limited to, a recommendation to 12

approve, deny, limit, s uspend, or terminate recognition , require 13

the submission of a compliance report and continue recognition 14

pending a final decision on compliance, or approve or deny a 15

request for expansion of scope, **or revise or affirm the scope of** 16

**the agency** ; and 17

(5) Prov ides to the agency, no later than seven days 18

before the Advisory Committee meeting, the final staff analysis 19

and any other available information provided to the Advisory 20

Committee under § 602.34(c). 21

(g ) The agency may request that the Advisory Committee 22

de fer acting on an application at that Advisory Committee 23

meeting if Department staff fails to provide the agency with the 24

materials d escribed , and within the timeframes provided, in 25

paragraphs (f)(3) and (f)(5) of this section

. If the Department 26

staff’s fa ilure to send the materials in accordance with the 27

timeframe described in paragraph (f)(3 ) or (f)(5) of this 28

section is due to the failure of the agency to submit reports to 29

the Department, other information the Secretary requested, or 30

its response to the draft analysis

, by the deadline established 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 23 by the Secretary, the agency forfeits its right to request a 1

deferral of its application. 2

3

**§ 60**  **2.33 Procedures for Department**  **review of agencies during the** 4

**period of recognition.** 5

(a ) Department staff may review the compliance of a 6

recognized agency with the criteria for recognition at any 7

time

-- 8

(1) On its own initiative; 9

(2 **(1** ) A t the request of the Advisory Committee ; or 10

(3 **(2** ) B ased on any other relevant information received

, 11

including any third party comp laint that, upon analysis **as** 12

**determined by Department staff** , appears credible and raises 13

issues relevant to recognition

. 14

(b) The review may include, but need not be limited to, 15

any of the activities described in §602.32(b) and ( d ). 16

(c ) If, in the course of the review

, **and after provision**  17

**to the agency of the**  **documentation concerning the inquiry and**  18

**consultation with the agency,** Department staff concludes **notes** 19

that one or more deficiencies **may** exist in the agency’s 20

compliance with the criteria for recogn ition or in the agency’s 21

**effective application of** effectiveness in its performance with 22

respect to those criteria, it

-- 23

( 1 ) Prepares a written draft analysis of the agency’s 24

compliance with the criteria of concern. The analysis reflects 25

the results of the review , and i ncludes a recommendation 26

regarding what action to take with respect to recognition. 27

Possible recommendations include, but are not limited to, a 28

recommendation to limit, suspend , or terminate recognition , or 29

require the submission of a com pliance report and to continue 30

recognition pending a final decision on compliance; 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 24 (2 ) Sends the draft analysis including any identified 1

areas of non

- compliance, and a proposed recognition 2

recommendation, and all supporting documentation to the agency ; 3

and 4

(3) Invites the agency to provide a written response to 5

the draft analysis and proposed recognition recommendation, 6

specifying a deadline that provides at least 30 days for the 7

agency’s response. 8

**(d) If, after review of the agency’s response to the d**  **raft** 9

**analysis, Department staff concludes that the agency has** 10

**demonstrated compliance with the criteria for recognition, the** 11

**staff notifies the agency in writing**  **of the results of the** 12

**review. If the review was requested by the Advisory Committee,** 13

**staff al**  **so provides the**  **Advisory Committee with the results of**  14

**the review.** 15

( d **e** ) If, after review of the agency’s response to the 16

draft analysis, Department staff concludes that the agency has 17

not demonstrated compliance, the staff

-- 18

(1) Notifies the agency that the draft analysis will be 19

finalized for presentation to the Advisory Committee; 20

(2) Publishes a notice in the Federal Register including, 21

if practicable, an invitation to the public to comment on the 22

agency’s compliance with the criteria in question and 23

establishing a deadline for receipt of public comment; 24

(3) Provides the agency with a copy of all public comments 25

received and, if practicable , invites a written response from 26

the agency; 27

(4 ) Finalizes the staff analysis as necessary to reflect 28

its revi ew of any agency response and any public comment 29

received; and 30May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 25 ( 5 ) Provides to the agency, no later than seven days 1

before the Advisory Committee meeting, the final staff analysis 2

and a recognition recommendation and any other information 3

provided to the Advisory Committee under § 602.34(c )

. 4

**(f) The Advisory Committee reviews the matter in** 5

**accordance with §**  **602.34.** 6

(e) If, after review of the agency’s response to the draft 7

analysis, Department staff concludes that the agency has 8

demonstrated compliance wit h the criteria for recognition, the 9

staff notifies the agency of the results of the review. If the 10

review was requested by the Advisory Committee, staff provides 11

the Committee with the results of the review. 12

13

REVIEW BY THE NATIONAL ADVISORY COMMITTEE ON I NSTITUTIONAL 14

QUALITY AND INTEGRITY 15

**§ 602.34 Advisory Committee meetings.**  16

(a ) Department staff submits a proposed schedule to the 17

Chairperson of the Advisory Committee based on anticipated 18

completion of staff analyses. 19

(b) T he Chairperson of the Advisor y Committee establishes 20

an agenda for the next meeting and, in accordance with the 21

Federal Advisory Committee Act , presents it to the Designated 22

Federal Official for approval. 23

(c ) Before the Advisory Committee meeting , Department 24

staff provides the Advi sory Committee with

-- 25

(1) The agency’s application for recognition or for 26

expansion of scope, the agency’s compliance report, or the 27

agency’s report submitted under § 602.31(d), and supporting 28

documentation; 29May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 26 (2) The final Department staff analysis of the agency 1

developed in accordance with § 602.32 or § 602.33, and any 2

supporting documentation; 3

(3) At the request of the agency, the agency’s response to 4

the draft staff analysis; 5

(4) Any written third

- party comments the Department 6

received about the agency o n or before the est ablished deadline; 7

(5 ) Any agency response to third

- party comments; and 8

(6 ) Any other information Department staff relied up on in 9

developing its analysis. 10

( **d** ) At least 30 days before the Advisory Committee 11

meeting , the Department pub lishes a notice of the meeting 12

in the Federal Register inviting interested parties, including 13

those who submitted third

- party comments concerning the agency’s 14

compliance with the criteria for recognition, to make oral 15

presentations before the Advisory Com mittee. 16

( **e** ) The Advisory Committee considers the materials 17

provided under paragraph (c) in a public meeting and invites 18

Department staff, the agency, and other interested parties to 19

make oral presentations during the meeting. A transcript is 20

made of all Advisory Committee meetings. 21

( **f** ) The written motion **adopted by the Advisory Committee** 22

regarding each agency’s recognition will be made available 23

during the Advisory Committee meeting. The Department will 24

provide each agency, upon request, with a copy of the motion on 25

recognition **at the meeting. Each agency that was reviewed will** 26

**be sent an electronic copy of the motion relative to that agency** 27

**as soon as practicable after the meeting.** 28

( **g** ) After each meeting of the Advisory Committee at which 29

a review of agencies occurs, the Advisory Committee forwards to 30

the senior Department official its recommendation with respect 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 27 to each agency, which may include

, but is not limited to, a 1

recommendation to approve, deny, limit, suspend, or terminate 2

recognition , to gr ant or deny a request for expansion of scope, 3

**to revise or affirm the scope of the agency,** or to require the 4

agency to submit a compliance report and to continue recognition 5

pending a final decision on compliance

. 6

7

**§602.35 Responding to the Advisory Comm ittee’s recommendation.**  8

( a) Within ten days of the date of **following** the Advisory 9

Committee meeting, the agency and Department staff may submit 10

written comments to the **s** enior Department official on the 11

Advisory Committee’s recommendation. The agency must 12

simultaneously submit a copy of its written comments, if any, to 13

Department staff. Department staff must simultaneously submit a 14

copy of its written comments, if any, to the agency. 15

(b) Comments may address **must be limited to**

-- 16

(1) Any Advisory Committ ee recommendation that the agency 17

or Department staff believes is not supported by the record; 18

(2) **Any** Omissions in the **incomplete** Advisory Committee 19

recommendation **based on the agency’s application** ; and 20

(3) Disagreement with the Advisory Committee’s 21

rec ommendation on recognition and, at the agency’s or Department 22

staff’s discretion

, **The inclusion of any recommendation or** a 23

draft proposed decision for the senior Department official’s 24

consideration. 25

(c)(1) **Neither the Department staff nor the** The agency m ay 26

not submit additional documentary evidence with its comments 27

unless the Advisory Committee’s recognition recommendation 28

proposes finding the agency noncompliant with, or ineffective in 29

its **application of** performance with respect to , a criterion or 30May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 28 crite ria for recognition not identified in the final Department 1

staff analysis provided to the Advisory Committee. 2

(2) Within ten days of receipt by the Department staff of 3

an agency’s comments or new evidence, if applicable, or of 4

receipt by the agency of the Department staff’s comments, 5

Department staff, the agency, or both, as applicable, may submit 6

a response to the senior Department official. Simultaneously 7

with submission, the agency must provide a copy of any response 8

to the Department staff. Simultane ously with submission, 9

Department staff must provide a copy of any response to the 10

agency. 11

12

REVIEW AND DECISION BY THE SENIOR DEPARTMENT OFFICIAL 13

**§602.36 Senior Department official’s decision.** 14

(a) The senior Department official makes a decision 15

regardin g recognition of an agency based on the record compiled 16

under § § 602.32, 602.33, 602.34

, and 602.35 including, as 17

applicable, the following: 18

( 1) The materials provided to the Advisory Committee under 19

§602.34(c); 20

(2) The transcript of the Advisory Committe e meeting; 21

**(3) The recommendation of the Advisory Committee;** 22

**(4)** (3) Written comments and responses submitted under 23

§602.35; 24

**(5)(** 4 ) New evidence submitt ed in accordance with 25

§602.35(c) (1); 26

**(6)** ( 5 ) A communication from the Secretary referring an 27

issue to the senior Department official’s consideration under 28

§602.37(e). 29

(b) In the event that statutory authority or 30

appropriations for the Advisory Committee ends, or there are 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 29 fewer duly appointed Advisory Committee members than needed to 1

constitute a quorum, **and there are serious concerns about an** 2

**agency’s compliance with subpart B that require prompt** 3

**attention,** the senior Department official may make a decision in 4

a recognition proceeding based on the record compiled under 5

§602.32 or §602.33

, **after providing the agency with an**  6

**opportunity to respond to the final staff analysis** . Any 7

decision made by the senior Department official absent a 8

recommendation from the Advisory Committee may be appealed to 9

the Secretary as provided in §602.37. 10

(c) Following conside ration of an agency’s recognition 11

under this section, the senior Department official issues a 12

recognition decision. 13

(d) Except with respect to **decisions made under paragraphs** 14

**(b), (f)** 
**, or (g) of this section and**  matters referred to the 15

senior Department o fficial under § 602.37(e) **or (f)**

, the senior 16

Department official notifies the agency in writing of the senior 17

Department official’s decision regarding the agency’s 18

recognition within 90 days of the Advisory Committee meeting **or** 19

**conclusion of the review unde r paragraph (b)** 

. 20

(e ) The senior Department official’s decision may include, 21

but is not limited to, approving, denying, limiting, suspending, 22

or terminating recognition, granting or denying an application 23

for an expansion of scope, **revising or affirmi ng the scope of**  24

**the agency,** or continuing recognition pending submission and 25

review of a compliance report under §§ 602.32 and 602.34, and 26

review of the report by the senior Department official under 27

§ 602.35 **this section**

. 28

(1)(i) The senior Department offic ial approves recognition 29

if the agency complies with the criteria for recognition listed 30May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 30 in subpart B of this part and if the agency is effective **ly** 1

**applies** in its performance with respect to those criteria. 2

(ii) If the senior Department official approves 3

recognition, the recognition decision defines the scope of 4

recognition and the recognition period. The recognition period 5

does not exceed five years, including any time during which 6

recognition was continued to permit submission and review of a 7

compliance report. 8

(iii) If the scope or period of recognition is less than 9

that requested by the agency, the senior Department official 10

explains the reasons for approving a lesser scope or recognition 11

period. 12

(2 )(i) Except as provided in paragraph ( e )(3), if the 13

agency either fails to comply with the criteria for recognition 14

listed in subpart B of this part, or is not effective in its 15

performance with respect to **apply** those criteria **effectively**

, 16

the senior Department official denies, limits, suspends, or 17

terminat es recognition. 18

(ii) If the senior Department official denies, limits, 19

suspends, or terminates recognition, the senior Department 20

official specifies the reasons for this decision, including all 21

criteria the agency fails to meet and all areas in which the 22

agency fails to perform **criteria the agency has failed to apply** 23

effectively with respect to the criteria

. 24

(3)(i) Excep t as provided in paragraph **(ii)** ( 2 )

, if a 25

recognized agency fails to demonstrate compliance **with** or 26

effective **application of a criterion or criteria**  performance in 27

one or more areas , but the senior Department official concludes 28

that the agency will demonstrate or achieve compliance with the 29

criteria for recognition and effective **application of** 30

performance with respect to those criteria with in twelve **12** 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 31 months or less, the senior Department official may continue the 1

agency’s recognition, pending submission by the agency of a 2

compliance report, review of the report under §§ 602.32 and 3

602.34, and review of the report by the senior Department 4

of ficial under this section. In such a case, the senior 5

Department official specifies the criteria the compliance report 6

must address, and a time period, not longer than twelve **12** 7

months, during which the agency must achieve compliance and 8

effective **ly** perfo rmance **apply the criteria**

. The compliance 9

report documenting compliance and effective performance 10

**application of criteria** is due not later than 30 days after the 11

end of the period specified in the senior Department official’s 12

decision. 13

(ii) If, followin g submission of **the record includes** a 14

compliance report, **and** the senior Department official determines 15

that an agency has not complied with the criteria for 16

recognition

, or has not demonstrated effective **ly** performance 17

with respect to **applied** those criteria , during the time period 18

specified by the senior Department official in accordance with 19

paragraph (3)(i) , the senior Department official denies, limits, 20

suspends, or terminates recognition, except, in extraordinary 21

circumstances, upon a showing of good cau se for an extension of 22

time as determined by the senior Department official and 23

detailed in the senior Department official’s decision . If the 24

senior Department official determines good cause for an 25

extension has been shown, the senior Department official 26

specifies the length of the extension and what the agency must 27

do during it to merit a renewal of recognition. 28

( f ) If the senior Department official determines
**,** based on 29

the record, that a decision to deny, limit, suspend, or 30

terminate an agency’s recogni tion may be warranted based on a 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 32 finding that the agency is noncompliant with, or ineffective in 1

its performance with respect to application of, a criterion or 2

criteria of recognition not identified earlier in the 3

proceedings as an area of noncompliance, t he senior Department 4

official provides

-- 5

(1) The agency with an opportunity to submit a written 6

response and documentary evidence addressing the finding; and 7

(2) The staff with an opportunity to present its analysis 8

in writing. 9

( g ) If **relevant** informati on regarding an agency

, 10

**pertaining to an agency’s compliance with recognition criteria,** 11

but not contained in the record, comes to the senior Department 12

official’s attention while a decision regarding the agency’s 13

recognition is pending before the senior De partment official, 14

and if the senior Department official concludes the recognition 15

decision should not be made without consideration of the 16

information, the senior Department official either

-- 17

(1 )(i) Does not make a decision regarding recognition of 18

the a gency ; and 19

(ii) Refers the matter to Department staff for review and 20

analysis under §§ 602.32 or 602.33, as appropriate, and 21

consideration by the Advisory Committee under § 602.34; or 22

(2)(i) Provides a copy or summary of the information to 23

the agency and D epartment staff; 24

(ii) Permits the agency to respond to the senior 25

Department official and the Department staff in writing, and to 26

include additional evidence relevant to the issue, and specifies 27

a deadline; 28

(iii) Provides Department staff with an opportu nity to 29

respond in writing to the agency’s submission under paragraph 30

(ii), specifying a deadline; and 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 33 (iv) Issues a recognition decision based on the record 1

described in paragraph (a), as supplemented by the information 2

provided under this paragraph. 3

(h ) No agency may submit information to the senior 4

Department official, or ask others to submit information on its 5

behalf, for purposes of invoking paragraph (g). 6

(i) If the senior Department official does not reach a 7

final decision to approve, deny, limit, suspend, or terminate an 8

agency’s recognition before the expiration of its recognition 9

period, the senior Department official automatically extends the 10

recognition period until a final decision is reached. 11

(j) Unless appealed in accordance with §602.37, the senior 12

Department official’s decision is the final decision of the 13

Secretary. 14

15

APPEAL RIGHTS AND PROCEDURES 16

**§602.37 Appealing the senior Department official’s decision to**  17

**the Secretary.** 18

(a) The agency may appeal the senior Department official’s 19

deci sion to the Secretary. Such appeal stays the decision of 20

the senior Department official until final disposition of the 21

appeal. If an agency wishes to appeal, the agency must

-- 22

(1) Notify the Secretary and the senior Department 23

official in writing of its intent to appeal the decision **of the** 24

**senior Department official,** no later than ten days after receipt 25

of the decision; 26

(2) Submit its appeal to the Secretary in writing no later 27

than 30 days after receipt of the decision; and 28

(3) Provide the senior Depa rtment official with a copy of 29

the appeal at the same time it submits the appeal to the 30

Secretary. 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 34 (b) The senior Department official may file a written 1

response to the appeal. To do so, the senior Department 2

official must

-- 3

(1) Submit a response to th e Secretary no later than 30 4

days after receipt of a copy of the appeal; and 5

(2) Provide the agency with a copy of the senior 6

Department official’s response at the same time it is submitted 7

to the Secretary. 8

(c) Neither the agency nor the senior Dep artment official 9

may include in its submission any new evidence it did not submit 10

previously in the proceeding. 11

(d) On appeal, the Secretary makes a recognition decision

, 12

as described in § 602.36(e )

. , except that any required **If the** 13

**decision requires a** co mpliance report **, the report** is due within 14

30 days after the end of the period specified in the Secretary’s 15

decision. The Secretary renders a final decision after taking 16

into account the senior Department official’s decision, the 17

agency’s written submissio ns on appeal, the senior Department 18

official’s response to the appeal, if any, and the entire record 19

before the senior Department official. The Secretary notifies 20

the agency in writing of the Secretary’s decision regarding the 21

agency’s recognition. 22

(e) I f the **The** Secretary **may** determine s , based on the 23

record, that a decision to deny, limit, suspend or terminate an 24

agency’s recognition may be warranted based on a finding that 25

the agency is noncompliant with, or ineffective in its 26

performance **application** wi th respect to , a criterion or criteria 27

for recognition not identified as an area of noncompliance 28

earlier in the proceedings

**.** , **In that case,** the Secretary, 29

without further consideration of the appeal, refers the matter 30

to the senior Department official fo r consideration of the issue 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 35 under § 602.36(f). After the senior Department official makes a 1

decision, the agency may, if desired, appeal that decision to 2

the Secretary. 3

(f) If **relevant** information **pertaining to an agency’s** 4

**compliance with recognition cr iteria**  regarding an agency , but 5

not contained in the record, comes to the Secretary’s attention 6

while a decision regarding the agency’s recognition is pending 7

before the Secretary, and if the Secretary concludes the 8

recognition decision should not be made without consideration of 9

the information, the Secretary either

-- 10

(1)(i) Does not make a decision regarding recognition of 11

the agency; and 12

(ii) Refers the matter to Department staff for review and 13

analysis under §§ 602.32 or 602.33, as appropriate, and rev iew by 14

the Advisory Committee under § 602.34; and consideration by the 15

senior Department official under § 602.36; or 16

(2)(i) Provides a copy or summary of the information to 17

the agency and the senior Department official; 18

(ii) Permits the agency to respond t o the Secretary and 19

the senior Department official in writing, and to include 20

additional evidence relevant to the issue, and specifies a 21

deadline; 22

(iii) Provides the senior Department official with an 23

opportunity to respond in writing to the agency’s subm ission 24

under paragraph (ii), specifying a deadline; and 25

(iv) Issues a recognition decision based on all the 26

materi als described in paragraphs (d) and (f) of this section. 27

(g) No agency may submit information to the senior 28

Department official **Secretary** , o r ask others to submit 29

information on its behalf, for purposes of invoking paragraph 30

(f). 31May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 36 (h) If the Secretary does not reach a final decision on 1

appeal to approve, deny, limit, suspend, or terminate an 2

agency’s recognition before the expiration of its re cognition 3

period, the Secretary automatically e xtends the recognition 4

period until a final decision is reached. 5

6

**§ 602.38 Contesting the Secretary’s final decision to deny,**  7

**limit, suspend, or terminate an agency’s recognition.** 8

An agency may contest the Se cretary’s decision under this 9

part in the Federal courts as a final decision in accordance 10

with applicable Federal law. Unless otherwise directed by the 11

court, a decision of the Secretary to deny, limit, suspend, or 12

terminate the agency’s recognition is n ot stayed during an 13

appeal in the Federal courts. 14

[ Note: subpart D is being removed]May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 37 Issue #9

Proposed Regulatory Language
Team III

– Accreditation

Origin: ED

Issue: Direct Assessment Program

Statutory Cite : HEA section 481(b)(4)

Regulatory Cites : 34 CFR 602.3

Changes to the version provided for the April 21

- 23 meeting :

The changes made during the April 21

- 23 session are highlighted in yellow (light shading.) No additional changes to the version redrafted during session 2, and on which tentative agreement was reached on April 23 rd , have been made. A technical made is highlighted in aqua (dark shading).

Tentative Agreement : yes

Regulatory language (contextual format):

**§ 602.3 What definitions apply to this part?** 

The foll owing definitions apply to this part.

* * *

**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 meet**  **s the condition**  **s of §668.10. For** 

**title IV purposes, the ins titution must obtain approval for**  **the**

**direct assessment program from the Secretary under**  **§ 668.10(g)or** 

**(h) as applicable. As part of that approva**  **l, the accrediting**

**agency must**

**—**

**(1) Evaluate the program(s) and include them in the** 

**institution’s grant of accreditation or preaccreditation; and**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 38 **(2) Review and approve the institution’s claim of**  **the each** 

**direct assessment program’s equivalence in term s of credit or** 

**clock hours.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 39 Issue #10

Proposed Regulatory Language
Team III

– Accreditation

Origin: HEOA

Issue: Distance education and correspondence education

Statutory cites: HEOA sections 495( 1)(A) and (5) Amends HEA section 496(a)(4)(B) and (q) See pages 2

- 3 and 9 of statutory language handout

Regulatory cites: 34 CFR 602.03, 602.16, 602.17, 602.18, and 602.27

Changes to the version provided for the April 21

- 23 meeting:

Change s have been made to reflect the suggestions, made during the April 21

- 23 session, with which the Department concurs. These changes are highlighted in aqua (dark shading).

Tentative agreement: Not yet reached

Regulatory language (contextual format):

**§ 6**  **02.3 What definitions apply to this part?** 

The following definitions apply to this part:

* * *

Scope of recognition or scope means the range of

accrediting activities for which the Secretary recognizes an

agency. The Secretary may place a limitation o n the scope of an

agency’s recognition for title IV, HEA purposes. The

Secretary’s designation of scope defines the recognition granted

according to

– -

* * *

(5) Coverage of accrediting activities related to distance

education or **correspondence edu cation** 

.May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 40 **§ 602.16 Accreditation and preaccreditation standards.** 

* * * * *

(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 are as 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**

**pr ograms 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). The**

**agency is not r equired to have separate standards**  **, procedures**
**, or policies**  **for the evaluation of distance education or**

**correspondence education;**

**Reorder current (c) and (d) as (d) and (e)**

**§ 602.17 Application of standards in reaching an accrediting** 

**decision.**

* * * * *

**(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**

**pro gram 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**

**--**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 41 **(1) Requires institutions to verify the identity of a**

**student who participates in class or course work by using**  **such**

**methods such**  **as**
**– -** 
**(i) A secure login and pass code , randomly generated** 

**personal questions, or proctored examinations**  **; and**

**(ii) New identification technologies and practices**  **as they**

**become widely accepted ; and** 

**(2) Makes clear in w**  **riting that institutions**  **must use**

**processes that protect should not use or rely on technologies** 

**that interfere with student privacy**  **and notify students , before** 

**enrollment, of additional costs, if any, associated with** 

**verification**

**.**

§ **602.18 Ensuring consis tency in decision** 

**- making.** 

The agency must consistently apply and enforce its

standards **that respect the stated mission of the institution,** 

**including religious mission, and that**  to 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 requirem ent if the agency

--

* * * * *

NOTE: The changes in §602.27 reflect the restructuring of the section presented in issue #14.

**§ 602.27 Other information an agency must provide the** 

**Department.**

**(a)** The agency must submit to the Department

--

(a) **(1)** A copy of any annual report it prepares;May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 42 (b) **(2)** A copy, updated annually, of its directory of

accredited and preaccredited institutions and programs.

(c) **(3)** A summary of the agency’s major accrediting

activities during the previous year (an annual data summary), if

req uested by the Secretary to carry out the Secretary’s

responsibilities related to this part;

(d) **(4 )**  Any proposed change in the agency’s policies,

procedures, or accreditation or preacccreditation standards that

might alter its

--

**(1)** (i) Scope of recogni tion
**, except as provided in** 

**paragraph (5) ;**  or

**(2)** (ii) Compliance with the criteria for recognition;

(5) **Notification that the agency is expanding its scope of**

**recognition to include distance education or correspondence**

**education, as applicable**  **as provid ed for 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.**

* * * * *May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 43 Issues #11 and #12

Proposed Regulatory Language
Team III

- Accreditation

Origin: HEOA and ED

Issue: Monitoring of Institutions and Programs Throughout Period; Operating Procedure

– Growth Monitoring

Statutory Cite : Section 496(c)(1), (c)(2), (q)

Regulatory Cite : 34 CFR 602.19

Changes to the version provided for the April 21

- 23 meeting :

Changes have been made to reflect the suggestions

, made during the April 21

- 23 session, with which the Department concurs. These changes are highlighted in aqua (dark shading). Yellow highlighting (light shading) indicates those changes made and agree d to during the April 21

- 23
session.

Tentative Agreement : Not yet reached

Regulatory language (contextual format):

**§ 602.19 Monitoring and reevaluation of accredited institutions** 

**and programs.**

* * * * *

(b) The agency must monitor instituti ons or programs

throughout their accreditation or preaccreditation period **by**

**requiring periodic reports and** to ensure that they remain in

compliance with the agency's standards. This includes conducting

special evaluations or site visits, as necessary.

**(c ) The agency must monitor the growth of programs at** 

**institutions experiencing significant enrollment growth, as**

**reasonably defined by the agency.**

**(d) The agency must monitor overall growth of the**

**institutions it accredits and, no less frequently than an nually,** 

**collect headcount enrollment data from those institutions.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 44 **(e) For the purposes of determining the need for agency**

**review of the status of the institution or program, the agency**

**must regularly collect and analyze key data and performance**

**indicator s,**  **including but not limited to financial information**

**and measures of student success**

**. These may include but are not** 

**limited to**

**--**

**(1) Financial audits or other financial information;**

**(2) Retention rates, completion or graduation rates, and**

**job placem ent rates; and** 

**(3) State licensing examination pass rates or other**

**measures of student success.**

**( g**  **) (f)**  **The agency must demonstrate it has, and effectively**

**applies, a set of monitoring and re**  **evaluation approaches that**

**enables the agency to identify pot ential problems with an** 

**institution’s or program’s continued compliance with agency**

**standards and that takes into account institutional or program**

**strengths and stability. This provision does not require**

**institutions or programs to provide annual reports on each** 

**specific accreditation criterion.**

**( f**  **) (g)**  **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 educati on or correspondence** 

**education. If the**  **any institution has experienced an increase** 

**in headcount enrollment of fifty**  **50 percent or more within one** 

**institutional fiscal year, the agency must report that**

**information to the Secretary within 30 days of acquiri ng such** 

**data**

**.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 45 Issue # 13

Proposed Regulatory Language
Team III

- Accreditation

Origin: ED

Issue: Substantive Change

Statutory Cites : HEA section 496(a)(1), (a)(4), (c)(1), (c)(2), (c)(4), (c)(5), 498(i)

Regulatory Cite : 34 CFR 602.22

Ch anges to the version provided for the April 21

- 23 meeting:

Changes have been made to reflect the suggestions made to simplify and clarify the l anguage on which we reached tentative agreement during our discussion. These changes are highlighted in yellow ( light shading). Changes based on the discussions at the table with which the Department concurs are highlighted in aqua (dark shading).

Tentative agreement: Not yet reached

Regulatory language (contextual format):

**§ 602.22**  **Substantive change**

**.**

(a) * * *

(2) The agency’s definition of a substantive change

includes at least the following types of change:

* * *

(iii) The addition of courses or programs that represent a

significant departure in either content **from the academic** 

**content 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** above that which is included in

the institution's current accreditation or preaccreditation.

* * *May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 46 (vii) 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.

**(vii) If the a**  **gency’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 participat e in** 

**the title IV programs offer**  **s more than 25 percent of one or more**

**of the accredited institution’s educational programs.**

**(vii) (viii)**  **( A**  **) For institutions that operate with a main** 

**campus**
**. I**  **f the agency’s accreditation of an institution enables** 

**it to seek eligibility to participate in title IV HEA programs,** 

**T t**  he establishment of an additional location geographically

apart from the main campus at which the institution offers at

least 50 percent of an educational program.

**(ix) For institutions**  **that operate as a dis**  **tributed**

**enterprise**

**. (A)**  **If the agency’s accreditation of the**

**institution enables it to seek eligibility to participate in**

**title IV HEA programs, the establishment of an additional**

**location where at least 50 percent of an educational program is**

**offered. 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**

**ac creditation 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**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 47 **( 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 ev**  **aluation 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**  **multiple an** 

**additional location**  **s , pursuant to (**  **viii )(ix)**  **( A), must require** 

**timely reporting to the agency of every additional location**

**established under this approval.**

**( C)**  **Each agency determination or redetermination to**

**preapprove the addition of multiple**  **an additional**  **locatio n**  **s**

**under ( viii**  **) (**  **ix )(A) must be of limited duration**  **and may not**

**exceed five years.**

**(D) The agency may not preapprove an institution’s** 

**addition of multiple addition**  **of a location s**  **under ( viii**  **)(ix) (A)** 

**after the institution undergoes a change in ownership r esulting** 

**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 multiple**  **an additional location**  **s described** 

**in this paragraph.**

**( ix**  **)(x) The acquisition of any other in**  **stitution or any**

**program or location of another institution.**

**(x )(xi)**  **The addition of a permanent location at a s**  **ite at**

**which the institution is conducting a teach**

**- out for students of** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 48 **another institution that has ceased operating before all**

**students have c ompleted 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**  **in stitution.** 

(b) The agency may determine the procedures it uses to

grant prior approval of the substantive change. **However, these**

**procedures must specify an**  **prospective effective date** 
**, which is** 

**not retroactive**
**, on which the change is included in the** 

**progr am’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 pr ovided in paragraph (c) of this

section, **the agency’s procedures for approval of multiple**

**locations** these **procedures** may, but need not, require a visit by

the agency.

(c) If the agency's accreditation of an institution

enables the institution to seek elig ibility to participate in

t itle IV, HEA programs, the agency's procedures for the approval

of an additional location described in paragraph

(a)( 2)( vii )(viii) of this section must **provide for a**

**determination** determine if **of** the institution **’s** has the fiscal

and administrative capacity to operate the additional location.

In addition, the a gency's procedures must include

--

* * *

(2) An effective mechanism for conducting, at reasonable

intervals, visits to **a representative sample of** additional

locations of in stitutions that operate more than three

additional locations; and * * * * *May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 49 Issue #14

Proposed Regulatory Language
Team III

- Accreditation

Origin: ED

Issue: Record Keeping and Confidentiality

Statutory Cites : HEA sections 496(a)(1), (a)(7 ), (a)(8), (c)(7), (c)(8), (c)(9), (n) and (o)

Regulatory Cites : 34 CFR 602.15 (b), 602.27(f), and 602.31 (g)

Change to the version provided for the April 21

- 23 meeting:

The changes made during the April 21

- 23 session are highlighted in yellow ( light shading.) The only additional changes to the version redrafted during session 2, and on which tentative agreement was reached on April 23 rd

, that have been made are to change “such” to “that” in §602.27(b)

. These changes are highlighted in aqua ( dark shading).

Tentative Agreement: yes

Regulatory language (contextual format):

**§ 602.15**  **Administrative and fiscal responsibilities.**

* * * * *

(b) The agency maintains complete and accurate records of

-

-

(1) Its last two 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

regu lar 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 progra mMay 18

- 20, 2009 meeting Prepared May 8, 2009 Page 50 **and substantive changes** , including all correspondence that is

significantly related to those decisions.

* * * * *

**§ 602.27**  **Other information an agency must provide the**

**Department.**

**(a)** The agency must submit to the Department

--

(a) **(1)** A copy of an y annual report it prepares;

(b) **(2)** A copy, updated annually, of its directory of

accredited and preaccredited institutions and programs;

(c **) (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;

(d) **(4)** Any proposed change in the agency's policies,

procedures, or accreditation or preaccreditation standards that

might alter its

--

(1) **(i)** Scope of re cognition **, except as provided in**

**paragraph (5)** ; or

(2) **(ii)** Compliance with the criteria for recognition;

[NOTE: The addition of (5) below reflects a change made in issue #10 and conforms with the restructure of §602.27]

**(5) Notification that the age ncy has expanded its scope of** 

**recognition to include distance education or correspondence**

**education as provided for in section 496(a)(4)(B)(i)(I) of the** 

**HEA ,**  **as applicable ;**  **. Such an expansion of scope is effective**

**on the date the Department receives the notification;** 

(e) ( **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 orMay 18

- 20, 2009 meeting Prepared May 8, 2009 Page 51 abuse, along with the agency's reasons for concern about the

institution or program; and

(f **) (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 prog ram to

participate in title IV, HEA programs. The Secretary may ask for

this information to assist the Department in resolving problems

with the institution's participation in the Title IV, HEA

programs.

**(b ) An agency must not establish or maintain a poli**  **cy of**

**providing notification to an institution of the agency’s contact**

**with the Department under paragraphs (a)(6) or (a)(7). The**

**agency must comply with a request from the Department to**

**consider such contact confidential**

**. If an agency has a policy** 

**regard ing notification to an institution**  **or program of c**  **ontact**

**with the Department in accordance with paragraphs (a)(**  **6) or**

**(a)(7), it must provide for**  **a case by case review of the** 

**circumstances surrounding the contact**
**, and the need for the** 

**confidentiality of suc**  **h that**  **contact. Upon a specific request** 

**by the Department, the agency must consider**  **such that**  **contact**

**confidential.**

* * * * *

**§ 602.31**  **(g) Agency submissions to the Department.** 

[ NOTE : this section reflects the restructuring in issues # 7 and # 8.]

* * * * *

(f) **Public availability of agency records to the**

**Department**

.May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 52 (1) The Secretary **’s processing and decision making on**

**requests for public disclosure of agency material 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.**

does not make available to the public any confidential agency

mate rials a Department employee reviews during the evaluation of

either the agency's application for recognition or the agency's

compliance with the criteria for recognition

. **In recognition**

**proceedings, agencies must**  **may --** 

**(i) Redact information that would id entify 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 unde r 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**

**National Advisory C ommittee on Institutional Quality and** 

**Integrity available to the public.**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 53

Issue #15

Proposed Regulatory Language
Team III

- Acc reditation

Origin: HEOA

Issue: Due process and appeals

Statutory cites: HEOA section 495(1)(C) Amends HEA 496(a) See pages 3

- 4 of statutory language handout

Regulatory cites: 34 CFR 602.18, 602.23(a) and 602.25

Changes to the version provided for the April 21

- 23 meeting:

Changes have been made to reflect the suggestions, made during the April 21

- 23 session, with which the Department concurs. These changes are highlight ed in aqua (dark shading).

Tentative agreement: Not yet reached

Regulatory language (contextual format):

**§ 602.18 Ensuring consistency in decision** 

**- making** 

**.** The agency must consistently apply and enforce its

standards **that respect the stated mission**  **of the institution,**

**including religious mission, and that** to 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 cl ear standards** 

**for an institution or program to be accredited;**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 54 **(a) (b)**  Has effective controls against the inconsistent

application of the agency’s standards;

**(b) (c)**  Bases decisions regarding accreditation and

preaccreditation on the agency’s published standards; and

(c) **(d)** Has a reasonable basis for determining that the

information the agency relies on for making accrediting

decisions is accurate.

**(e) Provides the institution or program with a detailed** 

**written report that assesses**  **clearly identifies any defi ciencies** 

**in the institution’s or program’s compliance with the agency’s** 

**standards , including any deficiencies identified by the agency** 

**.**

**§ 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 deter mine

whether to grant, reaffirm, reinstate, restrict, deny, revoke,

terminate, or take any other action related to each type of

accred itation 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 a nd organizational affiliations of

--
(i) The members of the agency's policy and decision

- making

bodies; andMay 18

- 20, 2009 meeting Prepared May 8, 2009 Page 55 (ii) The agency's principal administrative staff.

* * * * *

(c) The accrediting agency must

--
(1) Review in a timely, fair, and equitable man ner any

complaint it receives against an accredited institution or

program that is related to the agency's stan dards or procedures.

**The agency may**  **not complete its review and make a decision**

**regarding a complaint unless, in accordance with published**

**proc edures, it ensures that the institution or program has** 

**sufficient opportunity to provide a response to the complaint** 

**.**

* * * * *

**§ 602.25 Due process** 

**.** The agency must demonstrate that the procedures it uses

throughout the accrediting process satisfy d ue 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 ;** 

(a) The agency uses **(b )**  **Uses** procedures that afford an

institution or program a reasonable period of time to comply

with the agency’s requests for informa tion and documents.

**(c) Provides written specification of any deficiencies** 

**identified at the institution or program examine d** 

**.**
**(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 timefram e determined by the agency, and before any adverse** 

**action is taken**

**.**
(b) **(e)** The agency n **N** otifies the institution or program in

writing of any adverse accrediting action or an action to placeMay 18

- 20, 2009 meeting Prepared May 8, 2009 Page 56 the institution or program on probation or show cause. The

notice describes the basis for the action.

(c) The agency permits the institution or program the

opportunity to appeal an adverse action and the right to be

represented by counsel during that appeal. If the agency allows

institutions or programs the right to appeal other types of

actions, the agency has the discretion to li mit the appeal to a

written appeal.

**(f) Provides an opportunity, upon written request of an** 

**institution or program, for the institution or program to appeal**

**any adverse action , orally or in writing, at the option of the** 

**institution, prior to the action be**  **coming final.**

**(1) The appeal must take place at a hearing before**  **a n** 

**decision**

**- making**  **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 a conflict of int erest policy.** 

**(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**
**, orally or in writing, at the option of**  **the institution, th**  **at the**

**agency permits the institution or program to make on its own**

**during the appeal.**

**(d )**  **(g)** The agency notifies the institution or program in

writing of the result of its appeal and the basis for that

result.

**(3) (**  **h )(1)**  **The agency must provide for a pro cess, 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 t**  **he**

**following conditions are met:**May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 57 **(i) T**  **he financial inf ormation was unavailable to the** 

**institution or program until after the conclusion of the fact** 

****
**finding phase of the action prior to the determination**  **described**

**under paragraph (e)**

**.**
**(ii) The financial information**  **provided is**  **significant and**

**bears materiall y on the financial defici**  **encies identified by the**

**agency. The criteria of significance and materiality are** 

**defined by the agency.**

**(iii) The financial information meets the criteria of**

**significance and materiality, as defined by the agency.**

**(iv) (iii)**  **T he only remaining deficiency cited by the** 

**agency in support of a final adverse action decision**  **is In the** 

**absence of such new financial information, the appeals panel** 

**would affirm a final adverse action based sole**  **ly remaining** 

**deficiency is upon**  **the institut ion’s or program’s failure to** 

**meet a n**  **agency standard pertaining to finances.**

**(2) An institution or program may seek the review of new**

**financial information described in paragraph (1) only once and**

**any determination by the agency made with respect to that review** 

**does not provide a basis for a n**  **appeal.**

**(4) Any determination by the agency made with respect to the new financial information described in paragraph (3) is not**  **separately appealable by the institute** May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 58 Issu e #16

Pro posed Regulatory Language
Team III

– Accreditation

Origin: HEOA

Issue: Operating procedures

– Summary of agency actions

Statutory cites: HEOA section 495(2)(D) Amends HEA section 496(c)(7) See page 6 of statutory language handout

Regulatory cite: 34 CFR 602.26

Changes to the version provided for the April 21

- 23 meeting:

The changes made during the April 21

- 23 session are highlighted in yellow (light shading.) No additional changes to the versi on redrafted dur ing session 2, and on which tentative agreement was reached, have been made.

Tentative agreement: yes

Regulatory language (contextual format) :

**§ 602.26 Notification of accrediting decisions** 

.

* * * * *

(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

dec ision:

(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

.May 18

- 20, 2009 meeting Prepared May 8, 2009 Page 59 **(3) A final de cision to take any other adverse action,**  **as**

**defined by the agency, not listed in paragraph (b)(2)**  ;

(c) Provides written notice to the public of the decisions

listed in paragraphs (b)(1)
**,** and (b)(2)
**, and (b)(**  **3)** of this

section within 24 hours of its notic e to the institution or

program

(d) For any decision listed in paragraph (b)(2) of this 1

section , makes available to the Secretary, the appropriate State 2

licensing or authorizing agency, and the public upon request , no 3

later than 60 days after the decisi on, a brief statement 4

summarizing the reasons for the agency's decision and the 5

**official** comments

, if any, that the affected institution or 6

program may wish to make with regard to that decision
**, or**  7

**evidence that the affected institution has been offered th e**  8

**opportunity to provide official**  **comment ;**  9