Department of Education

January 23, 2020

Accreditation – webinar #2 

1

2

Accreditation Regulations – Today’s Topics•	Substantive Changes and Additional Locations  •	Compliance•	Timeframes•	Alternate Standards•	Student Outcomes

2

Other Accreditation Webinars

January 22, 2020:

January 30, 2020:

Accreditation rulemaking

New recognition process

Standards 

Recognition criteria

Implementation timeframes

Teach-outs

School Closures

Additional Locations

State Authorization for Distance Education

3

3

Accreditation

Abbreviations

Code of Federal Regulations (CFR)

Department of Education (ED)

Higher Education Act (HEA)

Institution of Higher Education (IHE)

Program Participation Agreement (PPA)

Title IV of the HEA (Title IV or TIV) 

4

4

5

Negotiated Rulemaking Information: •	Website: www2.ed.gov	Search: rulemaking	Subject: 2018-2019 Rulemaking•	Contains: rulemaking public hearing and 	session documents, negotiator list, links to 	Federal Register Notices, etc.

5

6

Negotiated Rulemaking Information: •	Website: www.regulations.gov	Contains: public comments	Docket ID: ED-2018-OPE-0076 •	Website: www.federalregister.gov	Contains: Federal Register Notices and related 	documents (official) with search and filter 	options

6

7

Substantive Changes and Additional Locations

7

8

Accreditation Regulations – Substantive Change GOALS:	•	provide greater flexibility to institutions to 			innovate and respond to students and employers 	•	maintain strict agency oversight of complex or 			higher risk changes

8

9

Accreditation Regulations – Substantive ChangeSection 602.22 (a)For an agency that accredits institutions, the agency must have adequate substantive change policies that ensure that institutional changes made post-accreditation (or post-preaccreditation) do not adversely affect its capacity to meet agency standards.   • The agency meets this requirement if it requires the institution to obtain the its approval     of the substantive change before it includes the change in the scope of accreditation or preaccreditation it previously granted to the institution.  •  The agency must also define substantive change to cover high-impact, high-risk changes.

9

10

Accreditation Regulations – Substantive ChangeSection 602.22 (a)High-impact, high-risk changes include at least the following: (A) 	A substantial change in the established mission or objectives of the institution or its programs(B) 	Any change in the legal status, form of control, or ownership of the institution(C) 	Adding programs that represent a significant departure from the existing offerings or 	educational programs, or method of delivery, from those offered at the agency’s last 	evaluation(D)	Adding graduate programs if an institution previously offered only undergraduate programs(E) 	Changing the way an institution measures student progress(cont.)

10

11

Accreditation Regulations – Substantive ChangeSection 602.22 (a) – cont.High-impact, high-risk changes also include at least the following: (F) Substantially increasing the clock hours, credit hours, or the credential level 	for one or more programs(G) Acquiring any other institution or a program or location of another institution(H) Adding of a permanent location at a teach-out site(I)  Adding a new location or branch campus [note exception in 602.22 (c)]

11

12

Accreditation Regulations – Substantive ChangeSection 602.22 (a) - cont.The agency’s review must include assessment of the institution’s fiscal and administrative capability to operate the location or branch campus, regular evaluation of locations, and verification that the institution: • clearly identifies academic control• has adequate faculty, facilities, resources• has systems for academic and student support• is financially stable • engages in long-range planning for expansion

12

13

Accreditation Regulations – Substantive ChangeSection 602.22 (a) - cont.(J) Entering into a written arrangement (see 34 CFR 668.5) where an 	institution or organization not certified to participate in the title IV, 	HEA programs offers more than 25% and up to 50% of one or more of 	the accredited institution’s educational programs  (K) Addition of each direct assessment program

13

14

Accreditation Regulations – Substantive ChangeSection 602.22 (a) - cont.• 	For substantive changes under designated areas, the agency’s decision-making body 	may designate agency senior staff to approve or disapprove the request in a 	timely, fair, and equitable manner*• 	For a request related to written arrangements [see 602.22 (a)(1)(ii)(J)], the 	agency must decide within 90 days of receipt of a materially complete request**      	*[see 602.22 (a)(1)(ii)(C), (E), (F), (H), and (J) for specific changes	**Exception: an agency or its staff determine significant circumstances on the substantive 	change require agency’s decision-making body review to occur within 180 days 

14

15

Accreditation Regulations – Substantive ChangeSection 602.22 (b)• 	Institutions on probation (or its equivalent), those subject to negative agency 	action over the prior 3 academic years, or those with provisional certification (as 	per 34 CFR 668.13) – obtain prior approval from their accrediting agency for the 	following changes     • 	All other institutions - report the following changes to their accrediting agency 	within 30 days

15

16

Accreditation Regulations – Substantive ChangeSection 602.22 (b) – changes for approval or reporting(1)  A change in an existing program’s method of delivery(2)  An aggregate change of 25% or more of the clock hours, credit hours, or content of a program 	since the accrediting agency’s most recent review(3)  The development of customized pathways or abbreviated or modified courses or programs to— 	 • Accommodate and recognize a student’s existing knowledge	 • Close competency gaps between demonstrated prior knowledge or competency and course 	     or program requirements (4)  Entering into a written arrangement under 34 CFR 668.5 where an ineligible institution or 	organization offers up to 25% of 1 or more of the accredited institution’s educational 	programs

16

17

Accreditation Regulations – Substantive ChangeSection 602.22 (c)Not required to apply for agency approval of subsequent locations if the institution: •	has successfully completed at least 1 accreditation cycle•	has agency approval for the addition of at least 2 additional locations•	has not been placed on probation (or equivalent) or been subject to a negative 	action by the agency in the prior 3 academic years•	is not under a provisional certification (see 34 CFR 668.13) 

17

18

Accreditation Regulations – Substantive ChangeSection 602.22 (c) - cont.•	When an institution is not required to apply for agency approval of subsequent additional 	locations, it must report these changes to the agency within 30 days •	The institution must meet agency criteria by indicating capacity to add locations 	without individual prior approvals, including, at a minimum, evidence of a system to 	ensure quality including— 	(1) Clearly identified academic control 	(2) Regular evaluation of the locations 	(3) Adequate faculty, facilities, resources, and academic and student support systems 	(4) Financial stability	(5) Long-range planning for expansion

18

19

Accreditation Regulations – Substantive ChangeSection 602.22 (d)The agency must have an effective mechanism for conducting visits* to a representative sample of additional locations approved as outlined in this section. 	* Visits must occur at reasonable intervals

19

20

Accreditation Regulations – Substantive ChangeSection 602.22 (e)•	An agency may determine how it grants prior approval of the substantive change. •	An agency must specify an effective date when the change is included in the program’s or 	institution’s accreditation (or preaccreditation). •	The date of prior approval cannot pre-date an earlier denial of the substantive change or 	the agency’s formal acceptance of the application for the substantive change for inclusion 	in granting accreditation (or preaccreditation) of a program or institution.•	An agency may designate the change in ownership date as the effective date of its approval 	if it makes the decision within 30 days of the ownership change. •	An agency may require a visit before granting such an approval [note limited exceptions in 602.22 (d) and (f)]

20

21

Accreditation Regulations – Substantive ChangeSection 602.22 (f)If the agency’s accreditation enables an institution to seek eligibility to participate in title IV, HEA programs, the approval procedures for an additional location where at least 50% of an educational program is offered must include several items...*Does not apply to branch campuses**Exception in paragraph (c) of this section 

21

22

Accreditation Regulations – Substantive ChangeSection 602.22 (f) – additional location requirements - cont.(1)	A visit, within 6 months, to each additional location the institution establishes, if it—  	•  has 3 or fewer additional locations  	•  has not shown that the location meets the agency’s additional locations standards –or-	•  has been placed on warning, probation, or show cause by the agency or is subject to a 	    limitation on its accreditation (or preaccreditation) status(2) 	A mechanism for conducting, at reasonable intervals, visits to a representative sample of 	additional locations of institutions that operate more than 3(3) 	A mechanism for ensuring that institutions that experience rapid growth in the number of 	additional locations maintain educational quality Note: the agency may conduct additional visits 

22

23

Accreditation Regulations – Substantive ChangeSection 602.22 (g–h)•	Visits verify that the location has appropriate personnel, facilities, and resources  •	The agency’s substantive change policy must define when the changes made or 	proposed by an institution are or would require the agency to conduct a new 	comprehensive evaluation of that institution

23

24

Compliance

24

25

Accreditation Regulations – ComplianceConcept: “substantial compliance”•	When an agency has not had an opportunity to apply a standard 	or policy, ED cannot find that the agency is not in compliance

25

26

Timeframes

26

Accreditation - Timeframes

HEA master calendar requirement: Nov. 1  July 1

Regulations in the Accreditation package are effective July 1, 2020.

Early implementation beginning on November 1, 2019, at the discretion of each institution or agency, as appropriate:

Section 600.2

Section 600.9

Section 668.43

Section 668.50

27

Accreditation - Timeframes

Regulations in the Accreditation package effective July 1, 2020:

Section 600.2

Section 600.9

Section 668.43

Section 668.50

Delayed implementation of selected recognition process provisions

ED will delay the 180-day agency response period in regulation at 602.32(g)(3) for implementation until January 1, 2021

ED will delay staff observation activities in regulation at 602.32(d)(1)(i-iii) until July 1, 2021

28

28

29

Alternate Standards

29

30

Accreditation Regulations – Alternate Standards•  	Statute: HEA section 496(a)(4)(A) requires that an agency’s standards ensure that 	the institution’s courses or programs are of sufficient quality to meet their stated 	objectives and for the entire accreditation period •  	Regulations: §602.21 clarifies that when agencies review standards, they must 	maintain a comprehensive systematic program that involves all relevant 	constituencies and responds to their input

30

31

Student Outcomes

31

32

Accreditation Regulations – Student Outcomes  GOAL: ensure that accrediting agencies emphasize student learning and student outcomes as part of their oversight on educational quality

32

33

Accreditation Regulations – Student Outcomes  GOAL: bring institutions and programs into compliance while 		  under oversight to protects students and increase the 	  	  likelihood of positive student outcomes

33

34

Questions?Recognition of Accrediting Agencies:Herman Bounds:	herman.bounds@ed.gov or (202) 453-7615 Elizabeth Daggett: 	elizabeth.daggett@ed.gov or (202) 453-6190 State Authorization:Scott Filter:  		scott.filter@ed.gov or (202) 453-7249Sophia McArdle:  	sophia.mcardle@ed.gov or (202) 453-6318Other Provisions:Barbara Hoblitzell: 	barbara.hoblitzell@ed.gov or (202) 453-7583Annmarie Weisman:	annmarie.weisman@ed.gov or (202) 453-6712*TDD/TTY: (800) 877-8339

34

# image2.png