To: Department of Educa�on

From:

Laura Rasar King, primary represen�ng Specialized and Professional Accredita�on

Jamienne Studley, primary represen�ng Ins�tu�onal Accredita�on

Michale McComis, alternate represen�ng Ins�tu�onal Accredita�on

Erika Linden, primary represen�ng Private Nonprofit Ins�tu�ons of Higher Educa�on

Scot Dolan, alternate represen�ng Private Nonprofit Ins�tu�ons of Higher Educa�on

Jillian Klein, primary represen�ng Proprietary Ins�tu�ons of Higher Educa�on

Date: February 14, 2024

Regula�on: 602.10

Ra�onale:

Accreditors who solely accredit programs with links to non-HEA federal funding have concerns 

about the Department’s interpreta�on of statute in the area of establishing recogni�on 

eligibility and the unintended consequences it will cause for students, programs, and 

accreditors.

First, as I have men�oned during the nego�ated rulemaking sessions, the statute states: “The 

Secretary may only recognize ... higher educa�on programs for the purpose of enabling them to 

establish eligibility to par�cipate in other programs administered by the Department of 

Educa�on or other Federal agencies." The term used in statute is “enable” – which means to 

make possible. It does not state that a program must be currently using a link – it says that it 

must be possible for a program to use a link. It is our asser�on that the Department is 

statutorily required to recognize the accreditor, whether or not a program is planning to take 

advantage of that link in the current year.

Second, I would refer the Department to the new provision of 668.14(b)(32)(i) and (ii) that 

indirectly �es programma�c accredita�on to Title IV. This regula�on will take effect on July 1, 

2024. It specifies that when accredita�on is needed for licensure, the program must meet all 

requirements for student eligibility for employment in the state it is located. Some states 

require programma�c accredita�on from a recognized agency. Is this not an appropriate or valid 

federal link?

Finally, circumstances change over �me and some years there may be several programs taking 

advantage of the accreditor’s link and some years when there are few or none. If during the 

year that the accreditor is up for recogni�on renewal and the link is not being used – then the 
accreditor would not be eligible for recogni�on. If during the next year a program requests 

access to the link, the accreditor would have to apply for recogni�on to provide that access. 

The program is very likely to miss the opportunity to apply for the linked federal funding with 

the length of �me that it takes for an accreditor to become recognized. This situa�on would also 

increase the administra�ve burden on the Department and the accreditor.

The concern that the Department lacks capacity to recognize accreditors if they currently do not 

have programs needing access to the advantages provided by the federal link is not a sufficient 

reason to disadvantage programs and students. We have been suppor�ve of the Department’s 

proposed changes regarding risk-based recogni�on to help address Department’s workload 

concerns. 

While we s�ll ques�on the Department’s statutory authority to make this change related to 

non-HEA programs, we offer the following proposed language in the spirit of nego�a�ng in good 

faith. 

Highlighted = our edits

§602.10 Link to Federal programs.

The agency must demonstrate that--

(a) If the agency is seeking renewal of recogni�on, it must-- (1) If the agency accredits ins�tu�ons, demonstrate that its accredita�on is a required element

in enabling at least one of those ins�tu�ons to establish eligibility to

par�cipate in �tle IV, HEA programs. If, pursuant to 34 CFR 600.11(b), an

agency accredits one or more ins�tu�ons that par�cipate in HEA

programs and that could designate the agency asitslink to HEA

programs, the agency sa�sfies this requirement, even if the ins�tu�on

currently designates another ins�tu�onal accredi�ng agency as its 

Federal link; and provide documenta�on that at least one ins�tu�on it

accredits currently par�cipates in and uses the agency’s accredita�on to

establish eligibility for �tle IV, HEA programs; or

(b) (2) If the agency accreditsins�tu�ons or programs, or both,

demonstrate that its accredita�on is a required element, as stated in

enabling a Federalstatute, Federal regula�on, Federal grant or funding

announcement, or othersimilar Federal publica�on, in enabling at least

one of those en��es to establish eligibility to par�cipate in non-HEA

Federal programs; and provide documenta�on—

(i) That at least one ins�tu�on or program it accredits within the 

past 3 years currently par�cipates in a non- HEA Federal program

and uses the agency’s accredita�on to establish eligibility to

par�cipate in that non-HEA Federal program; and
(ii) To show how many of the en��es it accredits currently

par�cipate and rely on the agency’s accredita�on to establish

eligibility to par�cipate in a non-HEA Federal program and how

much those en��es receive in funding as a result of the link.

(b) If the agency is seeking ini�al recogni�on, it must demonstrate that an

ins�tu�on or program it accredits will rely on the agency’s accredita�on to 

establish eligibility to par�cipate in an HEA or nonHEA Federal program upon recogni�on of the agency.