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Part 602 -- The Secretary’s Recognition of

Accrediting Agencies

The procedures and criteria for recognizing accrediting agencies are contained in Title 34 of the Code of 

Federal Regulations. The procedures and criteria that follow will be effective July 1, 2020.[insert new 

effective date].

Subpart A – General

Sec.

602.1 Why does the Secretary recognize accrediting agencies?

602.2 How do I know which agencies the Secretary recognizes? 

602.3 What definitions apply to this part?

Subpart B -- The Criteria for Recognition

BASIC ELIGIBILITY REQUIREMENTS

602.10 Link to Federal programs.

602.11 Geographic area of accrediting activities. 

602.12 Accrediting experience. 

602.13 Removed and ReservedAcceptance of the agency by others.

ORGANIZATIONAL AND ADMINISTRATIVE REQUIREMENTS

602.14 Purpose and organization.

602.15 Administrative and fiscal responsibilities. (Add cross references to 600.2, 668.8 (m))

REQUIRED STANDARDS AND THEIR APPLICATION

602.16 Accreditation and preaccreditation standards. (Add cross references to 600.2, 668.8 (m), 

668.10(b))

602.17 Application of standards in reaching an accrediting decision.

602.18 Ensuring consistency in decision-making. (Add cross references to 600.2, 668.8 (m), 668.10(b))

602.19 Monitoring and reevaluation of accredited institutions and programs. (add cross references to 

600.2, 668.8 (m))

602.20 Enforcement of standards. (Add cross reference to 600.11)

602.21 Review of standards.

REQUIRED OPERATING POLICIES AND PROCEDURES

602.22 Substantive changes and other reporting requirements. (Add cross references to 600.2, 

600.10(b), 600.20(c)(1),(2),(3), 600.20(g), 600.20(h)(2)(iii), 600.21(a)(4),(5), 600.21(a)(11),(12),(13),

600.21(d), 600.32(d)(1), 668.5(c), 668.10 (b))
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602.23 Operating procedures all agencies must have. (Add cross reference to 600.11)

602.24 Additional procedures certain institutional agencies must have. (Add cross references to 600.10 

(b), 600.11, 600.20(c)(1), 600.20(g), (h)(2)(iii), 600.21(d), 668.43(a)(11))

602.25 Due process. (Add cross reference to 600.11)

602.26 Notification of accrediting decisions. (Add cross reference to 600.11)

602.27 Other information an agency must provide the Department. (Add cross references to 600.2, 

668.8(m))

602.28 Regard for decisions of States and other accrediting agencies. (Add cross reference to 600.11)

602.29 Severability. 

Subpart C -- The Recognition Process

APPLICATION AND REVIEW BY DEPARTMENT STAFF

602.30 Removed and Reserved.

602.31 Agency applications and reports to be submitted to the Department.

602.31 Procedures for submitting an application for or renewal of recognition.

602.32 Procedures for submitting an application for recognition, renewal of recognition, 

 expansion of scope, compliance reports, and increases in enrollment. 

602.33 Procedures for review of agencies during the period of recognition, including the review 

 of monitoring reports.

REVIEW BY THE NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY

602.34 Advisory Committee meetings.

602.35 Responding to the Advisory Committee’s recommendation.

REVIEW AND DECISION BY THE SENIOR DEPARTMENT OFFICIAL

602.36 Senior Department official’s decision.

APPEAL RIGHTS AND PROCEDURES

602.37 Appealing the senior Department official’s decision to the Secretary. 

602.38 Contesting the Secretary’s final decision to deny, limit, suspend, or terminate an 

 agency’s recognition.

602.39 Severability. 

602.50 What information does the Department share with a recognized agency about its 

 accredited institutions and programs?

Subpart D-- Department Responsibilities

602.50 What information does the Department share with a recognized agency about its accredited 

institutions and programs?

AUTHORITY: 20 U.S.C. 1099b, unless otherwise noted.
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Subpart A -- General

§602.1 Why does the Secretary recognize accrediting agencies?

(a) The Secretary recognizes accrediting agencies to ensure that these agencies are, for the purposes of 

the Higher Education Act of 1965, as amended (HEA), or for other Federal purposes, reliable authorities 

regarding the quality of education or training offered by the institutions or programs they accredit.

(b) The Secretary lists an agency as a nationally recognized accrediting agency if the agency meets the 

criteria for recognition listed in subpart B of this part.

(Authority: 20 U.S.C. 1099b)

§602.2 How do I know which agencies the Secretary recognizes?

(a) Periodically, the Secretary publishes a list of recognized agencies in the Federal Register, together 

with each agency's scope of recognition. You may obtain a copy of the list from the Department at any 

time. The list is also available on the Department's web site.

(b) If the Secretary denies continued recognition to a previously recognized agency, or if the Secretary 

limits, suspends, or terminates the agency's recognition before the end of its recognition period, the 

Secretary publishes a notice of that action in the Federal Register. The Secretary also makes the reasons 

for the action available to the public, on request. 

(Authority: 20 U.S.C. 1099b)

§602.3 What definitions apply to this part?

(a) The following definitions are contained in the regulations for Institutional Eligibility under the Higher 

Education Act of 1965, as amended, 34 C.F.R. part 600: 

(1) Accredited 

(2) Additional location 

(3) Branch campus 

(4) Correspondence course 

(5) Direct assessment program 

(6) Institution of higher education 

(7) Nationally recognized accrediting agency 

(8) Preaccreditation 

(9) Religious mission 

(10) Secretary 

(11) State 

(12) Teach-out 

(13) Teach-out agreement 

(14) Teach-out plan

(b) The following definitions apply to this part:

Accreditation means the status of public recognition that an accrediting agency grants to an 
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educational institution or program that meets the agency's standards and requirements.

Accrediting agency or agency means a legal entity, or that part of a legal entity, that conducts 

accrediting activities through voluntary, non-Federal peer review and makes decisions concerning the 

accreditation or preaccreditation status of institutions, programs, or both.

Act means the Higher Education Act of 1965, as amended.

Adverse accrediting action or adverse action means the denial, withdrawal, suspension, 

revocation, or termination of accreditation or preaccreditation, or any comparable accrediting action an 

agency may take against an institution or program.

Advisory Committee means the National Advisory Committee on Institutional Quality and 

Integrity.

Compliance report means a written report that the Department requires an agency to file when 

the agency is found to be out of compliance to demonstrate that the agency has corrected deficiencies 

specified in the decision letter from the senior Department official or the Secretary. Compliance reports 

must be reviewed by Department staff and the Advisory Committee and approved by the senior 

Department official or, in the event of an appeal, by the Secretary.

Correspondence education means:

(1) Education provided through one or more courses by an institution under which the 

institution provides instructional materials, by mail or electronic transmission, including examinations 

on the materials, to students who are separated from the instructor.

(2) Interaction between the instructor and the student is limited, is not regular and substantive, 

and is primarily initiated by the student.

(3) Correspondence courses are typically self-paced.

(4) Correspondence education is not distance education.

Designated Federal Official means the Federal officer designated under section 10(f) of the 

Federal Advisory Committee Act, 5 U.S.C. Appdx. 1.

Direct assessment program means an instructional program that, in lieu of credit hours or clock 

hours as a measure of student learning, utilizes direct assessment of student learning, or recognizes the 

direct assessment of student learning by others, and meets the conditions of 34 C.F.R. § 668.10. For title 

IV, HEA purposes, the institution must obtain approval for the direct assessment program from the 

Secretary under 34 C.F.R. § 668.10(g) or (h) as applicable. As part of that approval, the accrediting 

agency must--

(1) Evaluate the program(s) and include them in the institution's grant of accreditation or 

preaccreditation; and
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(2) Review and approve the institution's claim of each direct assessment program's equivalence 

in terms of credit or clock hours.

Distance education means education that uses one or more of the technologies listed in 

paragraphs (1) through (4) to deliver instruction to students who are separated from the instructor and 

to support regular and substantive interaction between the students and the instructor, either 

synchronously or asynchronously. The technologies may include--

(1) The internet;

(2) One-way and two-way transmissions through open broadcast, closed circuit, cable, 

microwave, broadband lines, fiber optics, satellite, or wireless communications devices;

(3) Audioconferencing; or

(4) Video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a 

course in conjunction with any of the technologies listed in paragraphs (1) through (3).

Final accrediting action means a final determination by an accrediting agency regarding the 

accreditation or preaccreditation status of an institution or program. A final accrediting action is a 

decision made by the agency, at the conclusion of any appeals process available to the institution or 

program under the agency's due process policies and procedures. 

Institutional accrediting agency means an agency that accredits institutions of higher education.

Monitoring report means a report that an agency is required to submit to Department staff 

when it is found to be substantially compliant. The report contains documentation to demonstrate 

that—

(i) The agency is implementing its current or corrected policies; or 

(ii) The agency, which is compliant in practice, has updated its policies to align 

with those compliant practices. 

Program means a postsecondary educational program offered by an institution of higher 

education that leads to an academic or professional degree, certificate, or other recognized educational 

credential.

Programmatic accrediting agency means an agency that accredits specific educational 

programs, including those that prepare students in specific academic disciplines or for entry into a 

profession, occupation, or vocation. 

Recognition means an unappealed determination by the senior Department official under 

§602.36, or a determination by the Secretary on appeal under §602.37, that an accrediting agency 

complies with the criteria for recognition listed in subpart B of this part and that the agency is effective 

in its application of those criteria. A grant of recognition to an agency as a reliable authority regarding 
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the quality of education or training offered by institutions or programs it accredits remains in effect for 

the term granted except upon a determination made in accordance with subpart C of this part that the 

agency no longer complies with the subpart B criteria or that it has become ineffective in its application 

of those criteria.

Representative of the public means a person who is not--

(1) AnA current or former employee, member of the governing board, owner, or shareholder of, 

or consultant to, an institution or program that either is accredited or preaccredited by the 

agency or has applied for accreditation or preaccreditation; 

(2) A membercurrent or former member, employee, or representative of any trade association 

or membership organization related to, affiliated with, or associated with the agency; or or an 

institution or program that either is accredited or preaccredited by the agency or has applied for 

accreditation or preaccreditation;

(3) A current or former employee of or consultant to the agency;

(4)(3 A current or former employee of a member of the program integrity triad (the Department 

of Education; State higher education agencies or other officials or representatives of the State; 

and accrediting agencies); or 

(5) A spouse, parent, child, or sibling of an individual identified in paragraph (1) or), (2)), (3), or 

(4) of this definition.

Scope of recognition or scope means the range of accrediting activities for which the Secretary 

recognizes an agency. The Secretary may place a limitation on the scope of an agency's recognition for 

title IV, HEA purposes. The Secretary's designation of scope defines the recognition granted according 

to—

(i) Types of degrees and certificates covered; 

(ii) Types of institutions and programs covered; 

(iii) Types of preaccreditation status covered, if any; and 

(iv) Coverage of accrediting activities related to distance education or correspondence 

courses. 

Senior Department official means the official in the U.S. Department of Education designated 

by the Secretary who has, in the judgment of the Secretary, appropriate seniority and relevant subject 

matter knowledge to make independent decisions on accrediting agency recognition. 

Substantial compliance means the agency demonstrated to the Department that it has the 

necessary policies, practices, and standards in place and generally adheres with fidelity to those 

policies, practices, and standards; or the agency has policies, practices, and standards in place that 

need minor modifications to reflect its generally compliant practice. 
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(Authority: 20 U.S.C. 1099b)

§602.4 Severability. 

If any provision of this subpart or its application to any person, act, or practice is held invalid, 

the remainder of the subpart or the application of its provisions to any person, act, or practice shall 

not be affected thereby. 
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Subpart B -- The Criteria for Recognition

BASIC ELIGIBILITY REQUIREMENTS

§602.10 Link to Federal programs.

The agency must demonstrate that--

(a) If the agency is seeking renewal of recognition, it must--

(1) If the agency accredits institutions of higher education, demonstrate that its accreditation is 

a required element in enabling at least one of those institutions to establish eligibility to 

participate in HEA programs. If, pursuant to 34 CFR 600.11(b), an agency accredits one or more 

institutions that participate in HEA programs and that could designate the agency as its link to 

HEA programs, the agency satisfies this requirement, even if the institution currently designates 

another institutional accrediting agency as its Federal link; and provide documentation that at 

least one institution it accredits currently participates in and uses the agency’s accreditation to 

establish eligibility for HEA programs; or

(b) (2) If the agency accredits institutions of higher education or higher education programs, or 

both, demonstrate that its accreditation is a required element, as stated in enablinga Federal 

statute, Federal regulation, Federal grant or funding announcement, or other similar Federal 

publication, in enabling at least one of those entities to establish eligibilityeligibility to participateparticipate in non-HEA Federal programs; and provide documentation—

(i) That at least one institution or program it accredits currently participates in a nonHEA Federal program and uses the agency’s accreditation to establish eligibility to 

participate in that non-HEA Federal program; and

(ii) To show how many of the entities it accredits currently participate and rely on the 

agency’s accreditation to establish eligibility to participate in a non-HEA Federal 

program and how much those entities receive in funding as a result of the link.

(b) If the agency is seeking initial recognition, it must demonstrate that an institution or program it 

accredits will rely on the agency’s accreditation to establish eligibility to participate in an HEA or nonHEA Federal program upon recognition of the agency.

(Authority: 20 U.S.C. 1099b)

§ 602.11 Geographic area of accrediting activities.

The agency must demonstrate that it conducts accrediting activities within—

(a) A State, if the agency is part of a State government;

(b) A region or group of States chosen by the agency in which an agency provides accreditation to a main 

campus, a branch campus, or an additional location of an institution. An agency whose geographic area 
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includes a State in which a branch campus or additional location is located is not required to also

accredit a main campus in that State. An agency whose geographic area includes a State in which only a 

branch campus or additional location is located is not required to accept an application for accreditation 

from other institutions in such State; or

(c) The United States.

(Authority: 20 U.S.C. 1099b)

§602.12 Accrediting experience.

(a) An agency seeking initial recognition must demonstrate that it has--

(1) Granted accreditation or preaccreditation prior to submitting an application for 

recognition—

(i) To one or more institutions if it is requesting recognition as an institutional 

accrediting agency and to one or more programs if it is requesting recognition as a 

programmatic accrediting agency;

(ii) That covers the range of the specific degrees, certificates, institutions, and programs 

for which it seeks recognition; and

(iii) In the geographic area for which it seeks recognition; and

(2) Conducted accrediting activities, including deciding whether to grant or deny accreditation or 

preaccreditation, for at least two years prior to seeking recognition, unless the agency seeking 

initial recognition is affiliated with, or is a division of, an already recognized agency. 

(b) (1) A recognized agency seeking an expansion of its scope of recognition must follow the 

requirements of § § 602.31 and 602.32 and demonstrate that it has accreditation or 

preaccreditation policies in place that meet all the criteria for recognition covering the range of 

the specific degrees, certificates, institutions, and programs for which it seeks the expansion of 

scope and has engaged and can show support from relevant constituencies for the expansion. A 

change to an agency's geographic area of accrediting activities does not constitute an expansion 

of the agency's scope of recognition, but the agency must notify the Department of, and publicly 

disclose on the agency's website, any such change.

(2) (2) An agency seeking an expansion of scope must--

(i) State the reason for the expansion of scope request;

(ii) Include letters from at least three institutions or programs that would seek 

accreditation under one or more of the elements of the expansion of scope; and

(iii) Explain whether the agency must expand its administrative or fiscal capacity to 

support the expansion of scope, and, if so, how the agency will do so, including 
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how the agency’s budget will support the expansion of its administrative or 

fiscal capacity. 

(2) An agency that cannot demonstrate experience in making accreditation or preaccreditation 

decisions under the expanded scope at the time of its application or review for an expansion 

of scope may—

(i) If it is an institutional accrediting agency, be limited in the number of institutions to 

which it may grant accreditation under the expanded scope for a designated period of 

time; or

(ii) If it is a programmatic accrediting agency, be limited in the number of programs to 

which it may grant accreditation under that expanded scope for a certain period of time; 

and

(iii) Be required to submit a monitoring report regarding accreditation decisions made 

under the expanded scope.

(Authority: 20 U.S.C. 1099b)

§ 602.13 [Removed and Reserved]Acceptance of the agency by others.

An agency seeking initial or renewal of recognition must demonstrate that its standards, policies, 

procedures, and decisions to grant or deny accreditation are widely accepted by providing to the 

Department the following:

(a) Letters of support for the agency from at least three accredited institutions or programs, 

three educators, and, if appropriate, three employers or practitioners, explaining the role for such an 

agency and the reasons for their support; and

(b) Letter(s) from at least one institution or program that will rely on the agency as its link to a 

Federal program, as identified in § 602.10, upon recognition of the agency.

ORGANIZATIONAL AND ADMINISTRATIVE REQUIREMENTS 

§602.14 Purpose and organization.

(a) The Secretary recognizes only the following four categories of accrediting agencies:

(1) A State agency that—

(i) Has as a principal purpose the accrediting of institutions of higher education, higher 

education programs, or both; and

(ii) Has been listed by the Secretary as a nationally recognized accrediting agency on or 

before October 1, 1991.

(2) An accrediting agency that—

(i) Has a voluntary membership of institutions of higher education;
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(ii) Has as a principal purpose the accrediting of institutions of higher education and that 

accreditation is used to provide a link to Federal HEA programs in accordance with §

602.10; and

(iii) Satisfies the “separate and independent” requirements in paragraph (b) of this 

section.

(3) An accrediting agency that—

(i) Has a voluntary membership; and

(ii) Has as its principal purpose the accrediting of institutions of higher education or 

programs, and the accreditation it offers is used to provide a link to non-HEA Federal 

programs in accordance with §602.10.

(4) An accrediting agency that, for purposes of determining eligibility for title IV, HEA 

programs—

(i) (A) Has a voluntary membership of individuals participating in a profession; or

(B) Has as its principal purpose the accrediting of programs within institutions 

that are accredited by another nationally recognized accrediting agency; and

(ii) Satisfies the “separate and independent” requirements in paragraph (b) of this 

section or obtains a waiver of those requirements under paragraph (d) of this section.

(b) For purposes of this section, “separate and independent” means that—

(1) The members of the agency's decision-making body, who decide the accreditation or 

preaccreditation status of institutions or programs, establish the agency's accreditation

policies, or both, are not elected or selected by the board or chief executive officer of any 

related, associated, or affiliated trade association, professional organization, or membership 

organization and are not staff of the related, associated, or affiliated trade association, 

professional organization, or membership organization;

(2) At least one member of the agency's decision-making body is a representative of the public, 

and at least one-seventh of the body consists of representatives of the public;

(3) The agency has established and implemented guidelines for each member of the decisionmaking body including guidelines on avoiding conflicts of interest in making decisions;

(4) The agency's dues are paid separately from any dues paid to any related, associated, or 

affiliated trade association or membership organization; and

(5) The agency develops and determines its own budget, with no review by or consultation with 

any other entity or organization.

(c) The Secretary considers that any joint use of personnel, services, equipment, or facilities by an 

agency and a related, associated, or affiliated trade association or membership organization does not 

violate the “separate and independent” requirements in paragraph (b) of this section if —

(1) The agency pays the fair market value for its proportionate share of the joint use; and

(2) The joint use does not compromise the independence and confidentiality of the 
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accreditation process.

(d) For purposes of paragraph (a)(4) of this section, the Secretary may waive the “separate and 

independent” requirements in paragraph (b) of this section if the agency demonstrates that—

(1) The Secretary listed the agency as a nationally recognized agency on or before October 1, 

1991, and has recognized it continuously since that date;

(2) The related, associated, or affiliated trade association or membership organization plays no 

role in making or ratifying either the accrediting or policy decisions of the agency;

(3) The agency has sufficient budgetary and administrative autonomy to carry out its accrediting 

functions independently; and

(4) The agency provides to the related, associated, or affiliated trade association or membership 

organization only information it makes available to the public.

(e) An agency seeking a waiver of the “separate and independent” requirements under paragraph (d) of 

this section must apply for the waiver each time the agency seeks recognition or continued recognition.

(Authority: 20 U.S.C. 1099b)

§602.15 Administrative and fiscal responsibilities.

The agency must have the administrative and fiscal capability to carry out its accreditation activities in 

light of its requested scope of recognition. The agency meets this requirement if the agency 

demonstrates that—

(a) The agency has—

(1) Adequate administrative staff and financial resources to carry out its accrediting 

responsibilities; 

 (2) Competent and knowledgeable individuals, qualified by education or experience in their 

own right and trained by the agency on their responsibilities, as appropriate for their roles, 

regarding the agency's standards, policies, and procedures, to conduct its on-site evaluations, 

apply or establish its policies, and make its accrediting and preaccrediting decisions, including, if 

applicable to the agency's scope, their responsibilities regarding distance education and 

correspondence courses; 

(3) Academic and administrative personnel on its evaluation, policy, and decision-making 

bodies, if the agency accredits institutions; 

(4) Educators, practitioners, and/or employers on its evaluation, policy, and decisionmaking bodies, if the agency accredits programs or single-purpose institutions that prepare 

students for a specific profession; 
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(5) Representatives of the public, which may include students, on all decision-making 

bodies; and 

(6) Clear and effective controls, including guidelines, to prevent or resolve conflicts of 

interest, or the appearance of conflicts of interest, by the agency's—

(i) Board members; 

(ii) Commissioners; 

(iii) Evaluation team members; 

(iv) Consultants; 

(v) Administrative staff; and 

(vi) Other agency representatives; and 

(b) The agency maintains complete and accurate records of—

 (1) Its last full accreditation or preaccreditation review of each institution or program, 

including on-site evaluation team reports, the institution's or program's responses to onsite 

reports, periodic review reports, any reports of special reviews conducted by the agency 

between regular reviews, and a copy of the institution's or program's most recent self-study; 

and 

 (2) All decision letters issued by the agency regarding the accreditation and 

preaccreditation of any institution or program and any substantive changes. 

(Authority: 20 U.S.C. 1099b)

REQUIRED STANDARDS AND THEIR APPLICATION

§602.16 Accreditation and preaccreditation standards.

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

offered, that are sufficiently rigorous to ensure that the agency is a reliable authority regarding the 

quality of the education or training provided by the institutions or programs it accredits. The agency 

meets this requirement if the following conditions are met: 

(1) The agency’s accreditation standards must set forth clear expectations for the institutions 

or programs it accredits in the following areas: 

(i) Success with respect to student achievement in relation to the institution's mission, 

which may include different standards for different institutions or programs, as established by 

the institution, including, as appropriate, consideration of State licensing examinations, course 

completion, and job placement rates. 
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(ii) Curricula. 

(iii) Faculty. 

(iv) Facilities, equipment, and supplies. 

(v) Fiscal and administrative capacity as appropriate to the specified scale of operations. 

(vi) Student support services. 

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

and advertising. 

(viii) Measures of program length and the objectives of the degrees or credentials offered. 

(ix) Record of student complaints received by, or available to, the agency. 

(x) Record of compliance with the institution's program responsibilities under title IV of the 

Act, based on the most recent student loan default rate data provided by the Secretary, the 

results of financial or compliance audits, program reviews, and any other information that the 

Secretary may provide to the agency; and 

(2) The agency's preaccreditation standards, if offered, must--

 (i) Be appropriately related to the agency's accreditation standards; and 

 (ii) Not permit the institution or program to hold preaccreditation status for more than five 

years before a final accrediting action is made. 

(b) Agencies are not required to apply the standards described in paragraph (a)(1)(x) of this section 

to institutions that do not participate in title IV, HEA programs. Under such circumstance, the agency’s 

grant of accreditation or preaccreditation must specify that the grant, by request of the institution, does 

not include participation by the institution in title IV, HEA programs. 

(c) If the agency only accredits programs and does not serve as an institutional accrediting agency 

for any of those programs, its accreditation standards must address the areas in paragraph (a)(1) of this 

section in terms of the type and level of the program rather than in terms of the institution. 

(d)

(1) If the agency has or seeks to include within its scope of recognition the evaluation of the 

quality of institutions or programs offering distance education, correspondence courses, or 

direct assessment education, the agency's standards must effectively address the quality of an 

institution's distance education, correspondence courses, or direct assessment education in the 

areas identified in paragraph (a)(1) of this section. 

(2) The agency is not required to have separate standards, procedures, or policies for the 

evaluation of distance education or correspondence courses. 
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(e) If none of the institutions an agency accredits participates in any title IV, HEA program, or if the 

agency only accredits programs within institutions that are accredited by a nationally recognized 

institutional accrediting agency, the agency is not required to have the accreditation standards 

described in paragraphs (a)(1)(viii) and (a)(1)(x) of this section. 

(f) An agency that has established and applies the standards in paragraph (a) of this section may 

establish any additional accreditation standards it deems appropriate. 

(g) Nothing in paragraph (a) of this section restricts-- 

(1) An accrediting agency from setting, with the involvement of its members, and applying 

accreditation standards for or to institutions or programs that seek review by the agency; 

(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; or 

(3) Agencies from having separate standards regarding an institution’s or a program’s 

process for approving curriculum to enable programs to more effectively meet the 

recommendations of-

 (i) Industry advisory boards that include employers who hire program graduates; 

 (ii) Widely recognized industry standards and organizations; 

 (iii) Credentialing or other occupational registration or licensure; or 

 (iv) Employers in a given field or occupation, in making hiring decisions. 

(4) Agencies from having separate faculty standards for instructors teaching courses within a 

dual or concurrent enrollment program, as defined in 20 U.S.C. 7801, or career and technical 

education courses, as long as the instructors, in the agency’s judgment, are qualified by 

education or work experience for that role. 

(Authority: 20 U.S.C. 1099b)

§602.17 Application of standards in reaching an accrediting decision.

The agency must have effective mechanisms for evaluating an institution’s or program’s compliance 

with the agency’s standards before reaching a decision to accredit or preaccredit the institution or 

program. The agency meets this requirement if the agency demonstrates that it--

(a) Evaluates whether an institution or program-–

(1) Maintains clearly specified educational objectives that are consistent with its mission 

and appropriate in light of the degrees or certificates awarded; 

(2) Is successful in achieving its stated objectives at both the institutional and program 

levels; and 
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(3) Maintains requirements that at least conform to commonly accepted academic 

standards, or the equivalent, including pilot programs in § 602.18(b).;

(b) Requires the institution or program to engage in a self-study process that assesses the 

institution's or program's education quality and success in meeting its mission and objectives, highlights 

opportunities for improvement, and includes a plan for making those improvements; 

(c) Conducts at least one on-site review of the institution or program during which it obtains 

sufficient information to determine if the institution or program complies with the agency's 

standards; 

(d) Allows the institution or program the opportunity to respond in writing to the report of the onsite review; 

(e) Conducts its own analysis of the self-study and supporting documentation furnished by the 

institution or program, the report of the on-site review, the institution's or program's response to the 

report, and any other information substantiated by the agency from other sources to determine 

whether the institution or program complies with the agency's standards; 

(f) Provides the institution or program with a detailed written report that assesses the institution's 

or program's compliance with the agency's standards, including areas needing improvement, and the 

institution's or program's performance with respect to student achievement; 

(g) Requires institutions to have processes in place through which the institution establishes that a 

student who registers in any course offered via distance education or correspondence is the same 

student who academically engages in the course or program; and 

(h) Makes clear in writing that institutions must use processes that protect student privacy and 

notify students of any projected additional student charges associated with the verification of student 

identity at the time of registration or enrollment. 

(Authority: 20 U.S.C. 1099b)

§602.18 Ensuring consistency in decision-making.

(a) The agency must consistently apply and enforce standards that respect the stated mission of the 

institution, including religious mission, and that ensure that the education or training offered by an 

institution or program, including any offered through distance education, correspondence courses, or 

direct assessment education is of sufficient quality to achieve its stated objective for the duration of any 

accreditation or preaccreditation period. 

(b) The agency meets the requirement in paragraph (a) of this section if the agency—

(1) Has written specification of the requirements for accreditation and preaccreditation 

that include clear standards for an institution or program to be accredited or preaccredited; 
17

(2) Has effective controls against the inconsistent application of the agency's standards; 

(3) Bases decisions regarding accreditation and preaccreditation on the agency's published 

standards and does not use as a negative factor the institution's religious mission-based policies, 

decisions, and practices in the areas covered by § 602.16(a)(1)(ii), (iii), (iv), (vi), and (vii) 

provided, however, that the agency may require that the institution's or program's curricula 

include all core components required by the agency; 

(4) Has a reasonable basis for determining that the information the agency relies on for 

making accrediting decisions is accurate; 

(5) Provides the institution or program with a detailed written report that clearly identifies 

any deficiencies in the institution's or program's compliance with the agency's standards; and 

(6) Publishes any policies for retroactive application of an accreditation decision, which 

must not provide for an effective date that predates either—

(i) An earlier denial by the agency of accreditation or preaccreditation to the institution or 

program; or

 (ii) The agency's formal approval of the institution or program for consideration in the 

agency's accreditation or preaccreditation process. 

(c) Nothing in this part prohibits an agency, when special circumstances exist, to include innovative 

program delivery approaches or, when an undue hardship on students occurs, from applying equivalent 

written standards, policies, and procedures that provide alternative means of satisfying one or more of 

the requirements set forth in 34 CFR 602.16, 602.17, 602.19, 602.20, 602.22, and 602.24, as compared 

with written standards, policies, and procedures the agency ordinarily applies, if—

(1) The alternative standards, policies, and procedures, and the selection of institutions or 

programs to which they will be applied, are approved by the agency's decision-making body and 

otherwise meet the intent of the agency's expectations and requirements;

(2) The agency sets and applies equivalent goals and metrics for assessing the performance 

of institutions or programs;

(3) The agency's process for establishing and applying the alternative standards, policies, 

and procedures is set forth in its published accreditation manuals; and

(4) The agency requires institutions or programs seeking the application of alternative 

standards to demonstrate the need for an alternative assessment approach, that students will 

receive equivalent benefit, and that students will not be harmed through such application.

(d) Nothing in this part prohibits an agency from permitting the institution or program to be out of 

compliance with one or more of its standards, policies, and procedures adopted in satisfaction of §§ 

602.16, 602.17, 602.19, 602.20, 602.22, and 602.24 for a period of time, as determined by the agency 

annually, not to exceed three years unless the agency determines there is good cause to extend the 

period of time, and if—
18

(1) The agency and the institution or program can show that the circumstances requiring the 

period of noncompliance are beyond the institution's or program's control, such as—

(i) A natural disaster or other catastrophic event significantly impacting an institution's or 

program's operations;

(ii) Accepting students from another institution that is implementing a teach-out or 

closing;

(iii) Significant and documented local or national economic changes, such as an economic 

recession or closure of a large local employer;

(iv) Changes relating to State licensure requirements;

(v) The normal application of the agency's standards creates an undue hardship on 

students; or

(vi) Instructors who do not meet the agency's typical faculty standards, but who are 

otherwise qualified by education or work experience, to teach courses within a dual or 

concurrent enrollment program, as defined in 20 U.S.C. 7801, or career and technical education 

courses;

(2) The grant of the period of noncompliance is approved by the agency's decision-making 

body;

(3) The agency projects that the institution or program has the resources necessary to 

achieve compliance with the standard, policy, or procedure postponed within the time allotted; 

and

(4) The institution or program demonstrates to the satisfaction of the agency that the 

period of noncompliance will not—

(i) Contribute to the cost of the program to the student without the student's consent;

 

(ii) Create any undue hardship on, or harm to, students; or

 

(iii) Compromise the program's academic quality.

(Authority: 20 U.S.C. 1099b)

§602.19 Monitoring and reevaluation of accredited institutions and programs.

(a) The agency must reevaluate, at regularly established intervals, the institutions or programs it 

has accredited or preaccredited. 
19

(b) The agency must demonstrate it has, and effectively applies, monitoring and evaluation 

approaches that enable the agency to identify problems with an institution's or program's continued 

compliance with agency standards and that take into account institutional or program strengths and 

stability. These approaches must include periodic reports, and collection and analysis of key data and 

indicators, identified by the agency, including, but not limited to, fiscal information and measures of 

student achievement, consistent with the provisions of § 602.16(g). This provision does not require 

institutions or programs to provide annual reports on each specific accreditation criterion. 

(c) Each agency must monitor overall growth of the institutions or programs it accredits and, at 

least annually, collect head-count enrollment data from those institutions or programs. 

(d) Institutional accrediting agencies must monitor the growth of programs at institutions 

experiencing significant enrollment growth, as reasonably defined by the agency. 

(e) Any agency that has notified the Secretary of a change in its scope in accordance with § 

602.27(a) must monitor the headcount enrollment of each institution it has accredited that offers 

distance education or correspondence courses. The Secretary will require a review, at the next meeting 

of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope 

undertaken by an agency if the enrollment of an institution that offers distance education or 

correspondence courses that is accredited by such agency increases by 50 percent or more within any 

one institutional fiscal year. If any such institution has experienced an increase in head-count enrollment 

of 50 percent or more within one institutional fiscal year, the agency must report that information to the 

Secretary within 30 days of acquiring such data. 

(Authority: 20 U.S.C. 1099b)

§602.20 Enforcement of standards.

(a) If the agency's review of an institution or program under any standard, except a standard setting 

forth the agency’s expectations for success with respect to student achievement as required under § 

602.16(a)(1)(i), indicates that the institution or program is not in compliance with that standard, the 

agency must—

(1) Follow its written policy for notifying the institution or program of the finding of 

noncompliance; 

(2) Provide the institution or program with a written timeline for coming into compliance 

that is reasonable, as determined by the agency's decision-making body, based on the nature of 

the finding, the stated mission, and educational objectives of the institution or program. The 

timeline may include intermediate checkpoints on the way to full compliance and must not 

exceed the lesser of four years or 150 percent of the—

 

 (i) Length of the program in the case of a programmatic accrediting agency; or 

 

 (ii) Length of the longest program at the institution in the case of an institutional 

accrediting agency; 
20

(3) Follow its written policies and procedures for granting a good cause extension that may 

exceed the standard timeframe described in paragraph (a)(2) of this section when such an 

extension is determined by the agency to be warranted; and 

(4) Have a written policy to evaluate and approve or disapprove monitoring or compliance 

reports it requires, provide ongoing monitoring, if warranted, and evaluate an institution's or 

program's progress in resolving the finding of noncompliance. 

(b) Notwithstanding paragraph (a) of this section, the agency must have a policy for taking an 

immediate adverse action, and take such action, when the agency has determined that such action is 

warranted.

(1) Immediately initiate adverse action against the institution or program; or 

(2) Require the institution or program to take appropriate action to bring itself into compliance 

with the agency's standards within a time period that must not exceed--

(i) Twelve months, if the program, or the longest program offered by the institution, is 

less than one year in length; 

(ii) Eighteen months, if the program, or the longest program offered by the institution, 

is at least one year, but less than two years, in length; or 

(iii) Two years, if the program, or the longest program offered by the institution, is at 

least two years in length. 

(b) If the agency’s review of an institution’s or program’s compliance with a standard setting forth 

the agency’s expectations for success with respect to student achievement, as required under 34 C.F.R. 

§ 602.16(a)(1)(i), indicates that the institution or program is not in compliance with that standard, the 

agency must provide the institution or program with a written timeline for coming into compliance that 

is reasonable, as determined by the agency's decision-making body, based on the nature of the finding,

the stated mission, and the educational objectives of the institution or program. The timeline may 

include intermediate checkpoints on the way to full compliance and must not exceed the lesser of four 

years or 150 percent of the—

(1) Length of the program in the case of a programmatic accrediting agency; or 

(2) Length of the longest program at the institution in the case of an institutional accrediting 

agency. 

(c) If the institution or program does not bring itself into compliance within the specified period, 

the agency must take immediate adverse action unless the agency, for good cause, extends the period 

for achieving compliance. 

(cd) If the institution or program does not bring itself into compliance within the period specified in 

paragraph (a) of this section, the agency must take adverse action against the institution or program, 

but may maintain the institution's or program's accreditation or preaccreditation until the institution or 
21

program has had reasonable time to complete the activities in its teach-out plan or to fulfill the 

obligations of any teach-out agreement to assist students in transferring or completing their programs. 

(de) An agency that accredits institutions may limit the adverse or other action to particular 

programs that are offered by the institution or to particular additional locations of an institution, 

without necessarily taking action against the entire institution and all of its programs, provided the 

noncompliance was limited to that particular program or location. 

(ef) All adverse actions taken under this subpart are subject to the arbitration requirements in 20 

U.S.C. 1099b(e). 

(fg) An agency is not responsible for enforcing requirements in 34 CFR 668.14, 668.15, 668.16, 

668.41, or 668.46, but if, in the course of an agency's work, it identifies instances or potential instances 

of noncompliance with any of these requirements, it must notify the Department. 

(g) The Secretary may not require an agency to take action against an institution or program that 

does not participate in any title IV, HEA or other Federal program as a result of a requirement specified 

in this part. 

(h) Nothing in this part prohibits an agency from permitting the institution or program to be out of 

compliance with one or more of its standards, policies, and procedures adopted in satisfaction of §§ 

602.16, 602.17, 602.19, 602.22, and 602.24 for a period of time, as determined by the agency annually, 

not to exceed three years unless the agency determines there is good cause to extend the period of 

time, and if— 

(1) The agency and the institution or program can show that the circumstances requiring the 

period of noncompliance are beyond the institution's or program's control, such as— 

(i) A natural disaster or other catastrophic event significantly impacting an institution's 

or program's operations; 

(ii) Accepting students from another institution that is implementing a teach-out or 

closing; 

(iii) Significant and documented local or national economic changes, such as an 

economic recession or closure of a large local employer; 

(iv) Changes relating to State licensure requirements; 

(v) The normal application of the agency's standards creates an undue hardship on 

students; or 

(vi) Instructors who do not meet the agency's typical faculty standards, but who are 

otherwise qualified by education or work experience, to teach courses within a dual or 

concurrent enrollment program, as defined in 20 U.S.C. 7801, or career and technical 

education courses; 
22

(2) The grant of the period of noncompliance is approved by the agency's decision-making body; 

(3) The agency projects that the institution or program has the resources necessary to achieve 

compliance with the standard, policy, or procedure postponed within the time allotted; and 

(4) The institution or program demonstrates to the satisfaction of the agency that the period of 

noncompliance will not— 

(i) Contribute to the cost of the program to the student without the student's consent; 

(ii) Create any undue hardship on, or harm to, students; or 

(iii) Compromise the program's academic quality.

(Authority: 20 U.S.C. 1099b)

§602.21 Review of standards.

(a) The agency must maintain a comprehensive systematic program of review that involves all 

relevant constituencies and that demonstrates that its standards are adequate to evaluate the quality 

of the education or training provided by the institutions and programs it accredits and relevant to the 

educational or training needs of students. 

(b) The agency determines the specific procedures it follows in evaluating its standards, but the agency 

must ensure that its program of review--

(1) Is comprehensive; 

(2) Occurs at regular, yet reasonable, intervals or on an ongoing basis;

(3) Examines each of the agency's standards and the standards as a whole; and

(4) Involves all of the agency's relevant constituencies in the review and affords them a 

meaningful opportunity to provide input into the review. 

(c) If the agency determines, at any point during its systematic program of review, that it needs to 

make changes to its standards, the agency must initiate action within 12 months to make the changes 

and must complete that action within a reasonable period of time. 

(d) Before finalizing any changes to its standards, the agency must—

(1) Provide notice to all of the agency's relevant constituencies, and other parties who have 

made their interest known to the agency, of the changes the agency proposes to make; 

(2) Give the constituencies and other interested parties adequate opportunity to comment 

on the proposed changes; and 

(3) Take into account and be responsive to any comments on the proposed changes 
23

submitted timely by the relevant constituencies and other interested parties. 

(Authority: 20 U.S.C. 1099b)

REQUIRED OPERATING POLICIES AND PROCEDURES

§ 602.22 Substantive changes and other reporting requirements. 

(a) (1) If the agency accredits institutions, it must maintain adequatewritten substantive change 

policies that ensure that any substantive change, as defined in this section, after the agency has 

accredited or preaccredited the institution does not adversely affect the capacity of the institution to 

continue to meet the agency's standards. The agency meets this requirement if—

 (i) The agency requires the institution to obtain the agency's approval of the substantive 

change before the agency includes the change in the scope of accreditation or preaccreditation it 

previously granted to the institution; and 

 

 (ii) The agency's definition of substantive change covers high-impact, high-risk changes, 

including includes at least the following: 

(A) Any 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.described in 34 C.F.R. § 600.31 other than an excluded transaction. The agency's 

review of any change described in 34 C.F.R. § 600.31 must be completed in a timeframe that 

allows the institution to meet the deadline set forth in 34 C.F.R. § 600.20(h). 

(C) The addition of programs that represent a significant departure from the 

existing offerings or educational programs, or method of delivery, from those that were offered 

or used when the agency last evaluated the institution. 

(D) When an institution that the agency has approved to offer distance education 

meets or exceeds a 50 percent threshold for distance education offerings. Meeting or exceeding 

a 50 percent threshold for distance education means that the institution, during an award year 

and for the first time, offers at least 50 percent of a program through distance education; 

enrolls at least 50 percent of its students through distance education, which, for the purposes of 

these calculations, means that at least 50 percent of the institution’s students are enrolled in at 

least one course offered through distance education; or offers at least 50 percent of its courses 

through distance education.

(ED) The addition of any non-degree or degree-granting program at a level not

previously offered by the institutiongraduate programs by an institution that previously offered 

only undergraduate programs or certificates. 

(EF) A change in the way an institution measures student progress, including 
24

whether the institution measures progress in clock hours or credit-hours, semesters, trimesters, 

or quarters, or uses time-based or non-time-based methods. 

(GF) A substantial increase in the number of clock hours or credit hours awarded, or 

an increase in the level of credential awarded, for successful completion of one or more 

programs. 

(HG) An aggregate change since the agency’s most recent accreditation review of 25 

percent or more of the clock hours or credit hours awarded, the measurement of which must be 

clearly explained in the agency’s policies and procedures. 

(J) (I) Any changes to the content of a program equivalent to an aggregate change of 

25 percent or more of the content of the program, the measurement of which must be clearly 

explained in the agency’s policies and procedures. 

(K)(J) The acquisition of any other institution or any program or location of another 

institution. 

(KL) The additionacquisition of a permanentan additional physical location at a site 

at which the institution is conductinghas conducted a teach-out for students of another 

institution that has ceased operating before all students have completed their program of study. 

in accordance with the requirements of 34 C.F.R. § 600.32(d);

(ML) The addition of a newan additional physical location or branch campus, except 

as provided in paragraph (c) of this section. The agency's review must include assessment of the 

institution's fiscal and administrative capability to operate the location or branch campus, the 

regular evaluation of locations, and verification of the following: 

 (1) Academic control is clearly identified by the institution.;

 (2) The institution has adequate faculty, facilities, resources, and academic and 

student support systems in place.;

 (3) The institution is financially stable. ; and

 (4) The institution had engaged in long-range planning for expansion. 

The requirements of paragraph (L) only apply to the first two additional locations of an eligible 

prison education program which is otherwise subject to the accreditation requirements of 34 

C.F.R. § 668.237.

(N)(M) Entering into a written arrangement under 34 C.F.R. § 668.5 under which an 

institution or organization not certified to participate in the title IV, HEA programs offers more 

than 25 and up to 50 percent of one or more of the accredited institution's educational 

programs. 

(NO) Addition of each direct assessment program. 
25

(b) If the agency approves a substantive change for an institution that is on probation or 

equivalent status, has been subject to a negative action by the agency over the prior three 

academic years, or that is provisionally certified under 34 C.F.R. § 668.13, the agency must notify 

the Secretary within 30 days of its approval of the substantive change. With its notification, it 

must provide an explanation for why it approved the change, consistent with its standards, and 

describe the agency's analysis of any risks that the substantive change might pose, including as a 

result of the institution's status under probation or equivalent status, negative action, or 

provisional certification. 

(2)(i) For substantive changes under only paragraph (a)(1)(ii)(C), (E), (F), (H), or (J) of this 

section, the agency's decision-making body may designate agency senior staff to approve or 

disapprove the request in a timely, fair, and equitable manner; and 

 (ii) In the case of a request under paragraph (a)(1)(ii)(J) of this section, the agency must make a 

final decision within 90 days of receipt of a materially complete request, unless the agency or its 

staff determine significant circumstances related to the substantive change require a review by 

the agency's decision-making body to occur within 180 days. 

(b) Institutions that have been placed on probation or equivalent status, have been subject 

to negative action by the agency over the prior three academic years, or are under a provisional 

certification, as provided in 34 CFR 668.13, must receive prior approval for the following 

additional changes (all other institutions must report these changes within 30 days to their 

accrediting agency): 

(1) A change in an existing program's method of delivery. 

(2) An aggregate change of 25 percent or more of the clock hours, credit hours, or content 

of a program since the agency's most recent accreditation review. 

(3) The development of customized pathways or abbreviated or modified courses or 

programs to—

 (i) Accommodate and recognize a student's existing knowledge, such as knowledge 

attained through employment or military service; and 

 (ii) Close competency gaps between demonstrated prior knowledge or competency and the 

full requirements of a particular course or program. 

(4) Entering into a written arrangement under 34 CFR 668.5 under which an institution or 

organization not certified to participate in the title IV, HEA programs offers up to 25 percent of 

one or more of the accredited institution's educational programs.

(c) Institutions that have successfully completed at least one cycle of accreditation and have 

received agency approval for the addition of at least two additional locations as provided in paragraph 

(a)(1)(ii)(I) of this section, and that have not been placed on probation or equivalent status or been 

subject to a negative action by the agency over the prior three academic years, and that are not under a 
26

provisional certification, as provided in 34 CFR 668.13, need not apply for agency approval of 

subsequent additions of locations, and must report these changes to the accrediting agency within 30 

days, if the institution has met criteria established by the agency indicating sufficient capacity to add 

additional locations without individual prior approvals, including, at a minimum, satisfactory evidence of 

a system to ensure quality across a distributed enterprise that includes—

(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; and 

(5) Long-range planning for expansion. 

(cd) The agency must have an effective mechanism for conducting, at reasonable intervals, visits to 

all representative sample of additional physical locations approved under paragraphs (a)(1)(ii)(KH) and 

(LI) of this section. 

(de) The agency may determine the procedures it uses to grant prior approval of the substantive 

change. However, these procedures must specify an effective date, on which the change is included in 

the program's or institution's grant of accreditation or preaccreditation. The date of prior approval must 

not pre-date either an earlier agency denial of the substantive change, or the agency's formal 

acceptance of the application for the substantive change for inclusion in the program's or institution's 

grant of accreditation or preaccreditation. An agency may designate the date of a change in ownership 

as the effective date of its approval of that substantive change if the accreditation decision is made 

within 30 days of the change in ownership. Except as provided in paragraphs (d) and (f) of this section, 

an agency may require a visit before granting such an approval. 

(ef) Except as provided in paragraph (c) of this section, ifIf the agency's accreditation of an 

institution enables the institution to seek eligibility to participate in title IV, HEA programs, the agency's 

procedures for the approval of an additional location as defined in 34 CFR 600.2 that is not a branch 

campus where at least 

50 percent of an educational program is offered must include—

(1) A visit, within six months, to each additional location the institution establishes, if the 

institution—

 

 (i) Has a total of three or fewer additional locations; 

 

 (ii) Has not demonstrated, to the agency's satisfaction, that the additional location is 

meeting all of the agency's standards that apply to that additional location; or 

 (iii) Has been placed on warning, probation, or show cause by the agency or is subject to 

some limitation by the agency on its accreditation or preaccreditation status;
27

(2) A mechanism for conducting, at reasonable intervals, visits to a representative sample 

of additional locations of institutions that operate more than three additional locations; and 

(3) A mechanism, which may, at the agency's discretion, include visits to additional 

locations, for ensuring that accredited and preaccredited institutions that experience rapid growth in 

the number of additional locations maintain education quality. 

(fg) The purpose of the visits described in paragraph (ef) of this section is to verify clearly identified

academic control, financial stability, and long-range planning and that the additional location has the 

personnel, facilities, and resources, academic, and student support systems the institution claimed it

had in its application to the agency for approval of the additional location. 

(gh) The agency's substantive change policy must define when the changes made or proposed by an 

institution are or would be sufficiently extensive to require the agency to conduct a new comprehensive 

evaluation of that institution.

(Authority: 20 U.S.C. 1099b)

§602.23 Operating procedures all agencies must have.

(a) The agency must maintain and make available to the public 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, 

preaccreditation, or substantive changes and the sequencing of those steps relative to any 

applications or decisions required by States or the Department relative to the agency's 

preaccreditation, accreditation, or substantive change decisions;

(3) The standards and procedures it uses to determine whether to grant, reaffirm, reinstate, 

restrict, deny, revoke, terminate, or take any other action related to each type of accreditation 

and preaccreditation that the agency grants;

(4) The institutions and programs that the agency currently accredits or preaccredits and, for 

each institution and program, the year the agency will next review or reconsider it for 

accreditation or preaccreditation; and

(5) A list of the names, academic and professional qualifications, and relevant employment 

and organizational affiliations of—

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

(ii) The agency's principal administrative staff.

(b) In providing public notice that an institution or program subject to its jurisdiction is being considered 

for accreditation or preaccreditation, the agency must provide an opportunity for third-party comment 
28

concerning the institution's or program's qualifications for accreditation or preaccreditation. At the 

agency's discretion, third-party comment may be received either in writing or at a public hearing, or 

both. 

(c) The accrediting agency must--

(1) Review any complaint it receives against an accredited or preaccredited institution or 

program that is related to the agency’s standards or procedures in a timely, fair, and equitable 

manner any complaint it receives against an accredited institution or program that is related to 

the agency's standards or procedures. The agency may not complete its review and make a 

decision regarding a complaint unless, in accordance with published procedures, it ensures that 

the institution or program has sufficient opportunity to provide a response to the complaint and 

may not refuse to accept a complaint on the basis that it does not identify the complainant or 

specify a particular accreditation standard. The agency must review complaints to determine 

whether they raise concerns related to possible noncompliance by the institution or 

program with the agency’s standards, policies, and procedures. The agency’s complaint 

procedures must include--;

(i) Clear timelines for the complaint review process, including the timely 

notification of the complainant regarding the status of the complaint;

(ii) Allowance for more than one complaint submission method;

(iii) A requirement that agency staff must provide feedback to a complainant who 

does not submit a complaint correctly under the agency’s prescribed method(s), 

or that the agency must accept a complaint even when the complainant does 

not technically follow the agency’s complaint procedures;

(iv) Allowance for the confidentiality of the complainant, including the 

complainant’s ability to elect to keep their personally identifiable information 

confidential from the institution or program that is the subject of the 

complaint;

(v) A clear explanation of whether, and under what circumstances, an agency 

requires the complainant to first submit the complaint to the institution or 

program and to allow the institution or program to reach a conclusion prior to 

filing a complaint with the accrediting agency;

(vi) Clear complaint procedures, including with respect to the responsibilities and 

roles of agency staff in handling and responding to complaints; and

(vii) Accessibility for individuals with disabilities.

(2) Adequately document the review and decision and, if applicable, Ttake and document 

follow-up action, as necessary, including enforcement action, if necessary, based on the results 

of its review; and

(3) Review in a timely, fair, and equitable manner, and apply unbiased judgment to, any 

complaints against itself and take and document follow-up action, as appropriate, based on the 

results of its review.

(d) If an institution or program elects to make a public disclosure of its accreditation or 

preaccreditation status, the agency must ensure that the institution or program discloses that status 
29

accurately, including the specific academic or instructional programs covered by that status and the 

name and contact information for the agency. 

(e) The accrediting agency must provide for the public correction of incorrect or misleading information 

an accredited or preaccredited institution or program releases about--

(1) The accreditation or preaccreditation status of the institution or program;

(2) The contents of reports of on-site reviews; and

(3) The agency's accrediting or preaccrediting actions with respect to the institution or program.

(f)

(1) If preaccreditation is offered—

 (i) The agency's preaccreditation policies must limit the status to institutions or programs 

that the agency has determined are likely to succeed in obtaining accreditation; 

 (ii) The agency must require all preaccredited institutions to have a teach-out plan, which 

must ensure students completing the teach-out would meet curricular requirements for professional 

licensure or certification, if any, and which must include a list of academic programs offered by the 

institution and the names of other institutions that offer similar programs and that could potentially 

enter into a teach-out agreement with the institution; 

 (iii) An agency that denies accreditation to an institution it has preaccredited may maintain 

the institution's preaccreditation for currently enrolled students until the institution has had a 

reasonable time to complete the activities in its teach-out plan to assist students in transferring or 

completing their programs, but for no more than 120 days unless approved by the agency for good 

cause; and 

 (iv) The agency may not move an accredited institution or program from accredited to 

preaccredited status unless, following the loss of accreditation, the institution or program applies for 

initial accreditation and is awarded preaccreditation status under the new application. Institutions that 

participated in the title IV, HEA programs before the loss of accreditation are subject to the 

requirements of 34 C.F.R. § 600.11(c). 

(2) All credits and degrees earned and issued by an institution or program holding 

preaccreditation from a nationally recognized agency are considered by the Secretary to be from an 

accredited institution or program.

(Authority: 20 U.S.C. 1099b)

§ 602.24 Additional procedures certain institutional agencies must have. 

If the agency is an institutional accrediting agency and its accreditation or preaccreditation enables 

those institutions to obtain eligibility to participate in title IV, HEA programs, the agency must 
30

demonstrate that it has established and uses all of the following procedures: 

(a) Branch campus. The agency must require the institution to notify the agency if it plans to 

establish a branch campus and to submit a business plan for the branch campus that describes—

(1) The educational program to be offered at the branch campus; and 

(2) The projected revenues and expenditures and cash flow at the branch campus. 

(b) Site visits. The agency must undertake a site visit to a new branch campus or following a change 

of ownership or control as soon as practicable, but no later than six months, after the establishment of 

that campus or the change of ownership or control. 

(c) Teach-out plans and agreements.

(1) The agency must require an institution it accredits to submit a teach-out plan as defined in 

34 C.F.R. § 600.2 to the agency for approval upon the occurrence of any of the following events: 

 (i) For a nonprofit or proprietary institution, the Secretary notifies the agency of a 

determination by the institution's independent auditor expressing doubt about the institution's ability to 

operate as a going concern or indicating an adverse opinion or a finding of material weakness related to 

financial stability. 

 (ii) The agency acts to place the institution on probation or equivalent status. 

 (iii) The Secretary notifies the agency that the institution is participating in title IV, HEA 

programs under a provisional program participation agreement and the Secretary has required a teachout plan as a condition of participation. 

(2) The agency must require an institution it accredits or preaccredits to submit a teach-out 

plan and, if practicable, teach-out agreements (as defined in 34 C.F.R. § 600.2) to the agency for 

approval upon the occurrence of any of the following events: 

 (i) The Secretary notifies the agency that it has placed the institution on the 

reimbursement payment method under 34 C.F.R. § 668.162(c) or the heightened cash monitoring 

payment method requiring the Secretary's review of the institution's supporting documentation under 

34 C.F.R. § 668.162(d)(2). 

 (ii) The Secretary notifies the agency that the Secretary has initiated an emergency action 

against an institution, in accordance with section 487(c)(1)(G) of the HEA, or an action to limit, suspend, 

or terminate an institution participating in any title IV, HEA program, in accordance with section 

487(c)(1)(F) of the HEA. 

 (iii) The agency acts to withdraw, terminate, or suspend the accreditation or 

preaccreditation of the institution. 

 (iv) The institution notifies the agency that it intends to cease operations entirely or close a 

location that provides one hundred percent of at least one program, including if the location is being 
31

moved and is considered by the Secretary to be a closed school. 

 (v) A State licensing or authorizing agency notifies the agency that an institution's license or 

legal authorization to provide an educational program has been or will be revoked. 

(3) The agency must evaluate the teach-out plan to ensure it includes a list of currently 

enrolled students, academic programs offered by the institution, and the names of other institutions 

that offer similar programs and that could potentially enter into a teach-out agreement with the 

institution. 

(4) If the agency approves a teach-out plan that includes a program or institution that is 

accredited by another recognized accrediting agency, it must notify that accrediting agency of its 

approval. 

(5) The agency may require an institution it accredits or preaccredits to enter into a teachout agreement as part of its teach-out plan. 

(6) The agency must require a closing institution to include in its teach-out agreement—

 (i) A complete list of students currently enrolled in each program at the institution and the 

program requirements each student has completed; 

 (ii) A plan to provide all potentially eligible students with information about how to obtain a 

closed school discharge and, if applicable, information on State refund policies; 

(iii) A record retention plan to be provided to all enrolled students that delineates the final 

disposition of teach-out records (e.g., student transcripts, billing, financial aid records); 

 

(iv) Information on the number and types of credits the teach-out institution is willing to 

accept prior to the student's enrollment; and 

 (v) A clear statement to students of the tuition and fees of the educational program and 

the number and types of credits that will be accepted by the teach-out institution. 

(7) 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 teachout 

agreement for approval. The agency may approve the teachout agreement only if the agreement meets 

the requirements of 34 C.F.R. § 600.2 and this section, is consistent with applicable standards and 

regulations, and provides for the equitable treatment of students being served by ensuring that the 

teachout institution—

 (i) Has the necessary experience, resources, and support services to provide an educational 

program that is of acceptable quality and reasonably similar in content, delivery modality, and 

scheduling to that provided by the institution that is ceasing operations either entirely or at one of its 

locations; however, while an option via an alternate method of delivery may be made available to 

students, such an option is not sufficient unless an option via the same method of delivery as the 

original educational program is also provided; 

 (ii) Has the capacity to carry out its mission and meet all obligations to existing students; 
32

and 

 (iii) Demonstrates that it—

(A) Can provide students access to the program and services without requiring 

them to move or travel for substantial distances or durations; and 

(B) Will provide students with information about additional charges, if any. 

(8) Irrespective of any teach-out plan or signed teach-out agreement, the agency must not 

permit an institution to serve as a teach-out institution under the following conditions: 

 

 (i) The institution is subject to the conditions in paragraph (c)(1) or (2) of this section. 

 (ii) The institution is under investigation, subject to an action, or being prosecuted for an 

issue related to academic quality, misrepresentation, fraud, or other severe matters by a law 

enforcement agency. 

(9) The agency is permitted to waive requirements regarding the percentage of credits that 

must be earned by a student at the institution awarding the educational credential if the student is 

completing his or her program through a written teach-out agreement or transfer. 

(10) The agency must require the institution to provide copies of all notifications from the 

institution related to the institution's closure or to teach-out options to ensure the information 

accurately represents students' ability to transfer credits and may require corrections. 

(d) Closed institution. If an institution the agency accredits or preaccredits closes without a teachout plan or agreement, the agency must work with the Department and the appropriate State agency, to 

the extent feasible, to assist students in finding reasonable opportunities to complete their education 

without additional charges. 

(e) Transfer of credit policies. The accrediting agency must confirm, as part of its review for initial 

accreditation or preaccreditation, or renewal of accreditation, that the institution has transfer of credit 

policies that—

(1) Are publicly disclosed in accordance with § 668.43(a)(11); and 

(2) Include a statement of the criteria established by the institution regarding the transfer of 

credit earned at another institution of higher education. 

(f) Agency designations. In its accrediting practice, the agency must—

(1) Adopt and apply the definitions of “branch campus” and “additional location” in 34 

C.F.R. § 600.2; 

(2) On the Secretary's request, conform its designations of an institution's branch campuses 

and additional locations with the Secretary's if it learns its designations diverge; and 
33

(3) Ensure that it does not accredit or preaccredit an institution comprising fewer than all of 

the programs, branch campuses, and locations of an institution as certified for title IV participation by 

the Secretary, except with notice to and permission from the Secretary. 

(Authority: 20 U.S.C. 1099b)

§602.25 Due process.

The agency must demonstrate that the procedures it uses throughout the accrediting process satisfy 

due process. The agency meets this requirement if the agency does the following:

(a) Provides adequate written specification of its requirements, including clear standards, for an 

institution or program to be accredited or preaccredited.

(b) Uses procedures that afford an institution or program a reasonable period of time to comply with 

the agency's requests for information and documents. 

(c) Provides written specification of any deficiencies identified at the institution or program examined.

(d) Provides sufficient opportunity for a written response by an institution or program regarding any 

deficiencies identified by the agency, to be considered by the agency within a time frame determined by 

the agency, and before any adverse action is taken.

(e) Notifies the institution or program in writing of any adverse accrediting action or an action to place 

the institution or program on probation or show cause. The notice describes the basis for the action. 

(f) Provides an opportunity, upon written request of an institution or program, for the institution or 

program to appeal any adverse action prior to the action becoming final.

(1) The appeal must take place at a hearing before an appeals panel that--

(i) May not include current members of the agency's decision-making body that took 

the initial adverse action;

(ii) Is subject to a conflict of interest policy;

(iii) Does not serve only an advisory or procedural role, and has and uses the authority 

to make the following decisions: To affirm, amend, or remand adverse actions of the 

original decision-making body; and

(iv) Affirms, amends, or remands the adverse action. A decision to affirm or amend the 

adverse action is implemented by the appeals panel or by the original decision-making 

body, at the agency's option; however, in the event of a decision by the appeals panel to 

remand the adverse action to the original decision-making body for further 

consideration, the appeals panel must explain the basis for a decision that differs from 

that of the original decision-making body and the original decision-making body in a 

remand must act in a manner consistent with the appeals panel's decisions or 
34

instructions.

(2) The agency must recognize the right of the institution or program to employ counsel to 

represent the institution or program during its appeal, including to make any presentation that 

the agency permits the institution or program to make on its own during the appeal.

(g) The agency notifies the institution or program in writing of the result of its appeal and the basis for 

that result.

(h) 

(1) The agency must provide for a process, in accordance with written procedures, through 

which an institution or program may, before the agency reaches a final adverse action decision, seek 

review of new financial information if all of the following conditions are met:

 (i) The financial information was unavailable to the institution or program until after the 

decision subject to appeal was made.

 (ii) The financial information is significant and bears materially on the financial deficiencies 

identified by the agency. The criteria of significance and materiality are determined by the agency.

 (iii) The only remaining deficiency cited by the agency in support of a final adverse action 

decision is the institution's or program's failure to meet an agency standard pertaining to finances.

(2) An institution or program may seek the review of new financial information described in 

paragraph (h)(1) of this section only once and any determination by the agency made with 

respect to that review does not provide a basis for an appeal.

(Authority: 20 U.S.C. 1099b)

§602.26 Notification of accrediting decisions.

The agency must demonstrate that it has established and follows written procedures requiring it to 

provide written notice of its accrediting decisions to the Secretary, the appropriate State licensing or 

authorizing agency, the appropriate accrediting agencies, and the public. The agency meets this 

requirement if the agency, following its written procedures--

(a) Provides written notice of the following types of decisions to the Secretary, the appropriate State 

licensing or authorizing agency, the appropriate accrediting agencies, and the public no later than 30 

days after it makes the decision:

(1) A decision to award initial accreditation or preaccreditation to an institution or program.

(2) A decision to renew an institution's or program's accreditation or preaccreditation; 

(b) Provides written notice of a final decision of a probation or equivalent status or an initiated adverse 

action 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 and requires 

the institution or program to disclose such an action within seven business days of receipt to all current 
35

and prospective students; 

(c) Provides written notice of the following types of decisions to the Secretary, the appropriate 

State licensing or authorizing agency, and the appropriate accrediting agencies at the same time it 

notifies the institution or program of the decision, but no later than 30 days after it reaches the decision: 

(1) A final decision to deny, withdraw, suspend, revoke, or terminate the accreditation or 

preaccreditation of an institution or program. 

(2) A final decision to take any other adverse action, as defined by the agency, not listed in 

paragraph (c)(1) of this section; 

(d) Provides written notice to the public of the decisions listed in paragraphs (b) and (c) of this 

section within one business day of its notice to the institution or program; 

(e) For any decision listed in paragraph (c) of this section, requires the institution or program to 

disclose the decision to current and prospective students within seven business days of receipt and 

makes available to the Secretary, the appropriate State licensing or authorizing agency, and the public, 

no later than 60 days after the decision, a brief statement summarizing the reasons for the agency's 

decision and the official comments that the affected institution or program may wish to make with 

regard to that decision, or evidence that the affected institution has been offered the opportunity to 

provide official comment; 

(f) Notifies the Secretary, the appropriate State licensing or authorizing agency, the appropriate 

accrediting agencies, and, upon request, the public if an accredited or preaccredited institution or 

program—

(1) Decides to withdraw voluntarily from accreditation or preaccreditation, within 10 

business days of receiving notification from the institution or program that it is withdrawing voluntarily 

from accreditation or preaccreditation; or 

(2) Lets its accreditation or preaccreditation lapse, within 10 business days of the date on 

which accreditation or preaccreditation lapses. (Approved by the Office of Management and Budget 

under control number 1845-0003)

(Authority: 20 U.S.C. 1099b)

§602.27 Other information an agency must provide the Department.

(a) The agency must submit to the Department—

(1) A list, updated annually, of its accredited and preaccredited institutions and programs, 

which may be provided electronically; 

(2) 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; 
36

(3) Any proposed change in the agency's policies, procedures, or accreditation or 

preaccreditation standards that might alter its—

 (i) Scope of recognition, except as provided in paragraph (a)(4) of this section; or 

 

(ii) Compliance with the criteria for recognition; 

(4) Notification that the agency has expanded its scope of recognition to include distance 

education or correspondence courses as provided in section 496(a)(4)(B)(i)(I) of the HEA. Such an 

expansion of scope is effective on the date the Department receives the notification; 

(5) The name of any institution or program it accredits that the agency has reason to 

believe is failing to meet its title IV, HEA program responsibilities or is engaged in fraud or abuse, along 

with the agency's reasons for concern about the institution or program; and 

(6) If the Secretary requests, information that may bear upon an accredited or 

preaccredited institution's compliance with its title IV, HEA program responsibilities, including the 

eligibility of the institution or program to participate in title IV, HEA programs. 

(b) If an agency has a policy regarding notification to an institution or program of contact with the 

Department in accordance with paragraph (a)(5) or (6) of this section, it must provide for a case-by-case 

review of the circumstances surrounding the contact, and the need for the confidentiality of that 

contact. When the Department determines a compelling need for confidentiality, the agency must 

consider that contact confidential upon specific request of the Department.

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

(a) If the agency is an institutional accrediting agency, it may not accredit or preaccredit institutions that 

lack legal authorization under applicable State law to provide a program of education beyond the 

secondary level. 

(b) Except as provided in paragraph (c) of this section, the agency may not grant initial or renewed 

accreditation or preaccreditation to an institution, or a program offered by an institution, if the agency 

knows, or has reasonable cause to know, that the institution is the subject of--

(1) A pending or final action brought by a State agency to suspend, revoke, withdraw, or 

terminate the institution's legal authority to provide postsecondary education in the State;

(2) A decision by a recognized agency to deny accreditation or preaccreditation;

(3) A pending or final action brought by a recognized accrediting agency to suspend, revoke, 

withdraw, or terminate the institution's accreditation or preaccreditation; or

(4) Probation or an equivalent status imposed by a recognized agency.

(c) The agency may grant accreditation or preaccreditation to an institution or program described in 
37

paragraph (b) of this section only if it provides to the Secretary, within 30 days of its action, a thorough 

and reasonable explanation, consistent with its standards, why the action of the other body does not 

preclude the agency's grant of accreditation or preaccreditation.

(d) If the agency learns that an institution it accredits or preaccredits, or an institution that offers a 

program it accredits or preaccredits, is the subject of an adverse action by another recognized 

accrediting agency or has been placed on probation or an equivalent status by another recognized 

agency, the agency must promptly review its accreditation or preaccreditation of the institution or 

program to determine if it should also take adverse action or place the institution or program on 

probation or show cause.

(e) The agency must, upon request, share with other appropriate recognized accrediting agencies and 

recognized State approval agencies information about the accreditation or preaccreditation status of an 

institution or program and any adverse actions it has taken against an accredited or preaccredited 

institution or program.

(Approved by the Office of Management and Budget under control number 1845-0003)

(Authority: 20 U.S.C. 1099b)

§602.29 Severability. 

If any provision of this subpart or its application to any person, act, or practice is held invalid, the 

remainder of the subpart or the application of its provisions to any person, act, or practice shall not be 

affected thereby. 

(Authority: 20 U.S.C. 1099b)

Subpart C -- The Recognition Process

APPLICATION AND REVIEW BY DEPARTMENT STAFF

§602.30 [Removed and Reserved] 

§ 602.31 Agency applications and reports to be submitted to the Department. 

(a) Applications for recognition or renewal of recognition. An accrediting agency seeking initial or 

continued recognition must submit a written application to the Secretary. Each accrediting agency must 

submit an application for continued recognition at least once every five years, or within a shorter time 

period specified in the final recognition decision, and, for an agency seeking renewal of recognition, 24 

months prior to the date on which the current recognition expires.. The application, to be submitted 

concurrently with information required, as applicable by § 602.1332(a) and (b) and, if applicable, § 

602.32(b), must consist of—

(1) A statement of the agency's requested scope of recognition; 

(2) Documentation that the agency complies with the criteria for recognition listed in subpart B 
38

of this part, including a copy of its policies and procedures manual and its accreditation 

standards; and 

(3) Documentation of how an agency that includes or seeks to include distance education or 

correspondence courses in its scope of recognition applies its standards in evaluating programs and 

institutions it accredits that offer distance education or correspondence courses. 

(b) Applications for expansions of scope. An agency seeking an expansion of scope by application must 

submit a written application to the Secretary. The application must—

(1) Specify the scope requested; 

(2) Provide copies of any relevant standards, policies, or procedures developed and applied by 

the agency for its use in accrediting activities conducted within the expansion of scope proposed and 

documentation of the application of these standards, policies, or procedures; and 

(3) Provide the materials required by § 602.32(j)(a) and, if applicable, § 602.32(l)(b).

(c) Compliance or monitoring reports. If an agency is required to submit a compliance or 

monitoring report, it must do so within 30 days following the end of the period for achieving compliance 

as specified in the decision of the senior Department official or Secretary, as applicable. 

(d) Review following an increase in headcount enrollment. If an agency that has notified the 

Secretary in writing of its change in scope to include distance education or correspondence courses in 

accordance with § 602.27(a)(4) reports an increase in headcount enrollment in accordance with § 

602.19(e) for an institution it accredits, or if the Department notifies the agency of such an increase at 

one of the agency's accredited institutions, the agency must, within 45 days of reporting the increase or 

receiving notice of the increase from the Department, as applicable, submit a report explaining—

(1) How the agency evaluates the capacity of the institutions or programs it accredits to 

accommodate significant growth in enrollment and to maintain education quality; 

(2) The specific circumstances regarding the growth at the institution or program that triggered 

the review and the results of any evaluation conducted by the agency; and 

(3) Any other information that the agency deems appropriate to demonstrate the effective 

application of the criteria for recognition or that the Department may require. 

(e) Consent to sharing of information. By submitting an application for recognition, the agency 

authorizes Department staff throughout the application process and during any period of recognition—

(1) To observe its site visits to one or more of the institutions or programs it accredits or 

preaccredits, on an announced or unannounced basis; 

(2) To visit locations where agency activities such as training, review and evaluation panel 

meetings, and decision meetings take place, on an announced or unannounced basis; 
39

(3) To obtain copies of all documents the staff deems necessary to complete its review of the 

agency; and 

(4) To gain access to agency records, personnel, and facilities. 

(f) Public availability of agency records obtained by the Department. 

(1) The Secretary's processing and decision-making on requests for public disclosure of agency 

materials reviewed under this part are governed by the Freedom of Information Act, 5 U.S.C. 552; the 

Trade Secrets Act, 18 U.S.C. 1905; the Privacy Act of 1974, as amended, 5 U.S.C. 552a; the Federal 

Advisory Committee Act, 5 U.S.C. Appdx. 1; and all other applicable laws. In recognition proceedings, 

agencies must, before submission to the Department—

 (i) Redact the names and any other personally identifiable information about individual 

students and any other individuals who are not agents of the agency or of an institution or program the 

agency is reviewing; 

 (ii ) Redact the personal addresses, personal telephone numbers, personal email addresses, 

Social Security numbers, and any other personally identifiable information regarding individuals who are 

acting as agents of the agency or of an institution or program under review; 

 (iii) Designate all business information within agency submissions that the agency believes 

would be exempt from disclosure under exemption 4 of the Freedom of Information Act (FOIA), 5 U.S.C. 

552(b)(4). A blanket designation of all information contained within a submission, or of a category of 

documents, as meeting this exemption will not be considered a good faith effort and will be 

disregarded; and 

 (iv) Ensure documents submitted are only those required for Department review or as 

requested by Department officials. 

(2) The agency may, but is not required to, redact the identities of institutions or programs that 

it believes are not essential to the Department's review of the agency and may 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 public 

disclosure. 

(3) The Secretary processes FOIA requests in accordance with 34 C.F.R. part 5 and makes all 

documents provided to the Advisory Committee available to the public. 

(4) Upon request by Department staff, the agency must disclose to Department staff any specific 

material the agency has redacted that Department staff believes is needed to conduct the staff review. 

Department staff will make any arrangements needed to ensure that the materials are not made public 

if prohibited by law. 

(g) Length of submissions. The Secretary may publish reasonable, uniform limits on the length of 

submissions described in this section. 

(Authority: 20 U.S.C. 1099b)
40
41

§ 602.312 Procedures for submitting an applications for recognition, and renewal of recognition, 

expansion of scope, compliance reports, and increases in enrollment. 

(a) An agency submitting an application for initial or renewal of recognition must meet the 

submission deadline set by the Department preparing for renewing recognition will submit, 24 months 

prior to the date on which the current recognition expires, and in conjunction with the materials 

required by § 602.31(a), a list of all institutions or programs that the agency plans to consider for an 

award of initial or renewed accreditation over the next year or, if none, over the succeeding year, as well 

as any institutions or programs currently subject to compliance report review or reporting requirements. 

An agency that does not anticipate a review of any institution or program for an initial award of 

accreditation or renewed accreditation in the 24 months prior to the date of recognition expiration may 

submit a list of institutions or programs it has reviewed for an initial award of accreditation or renewal 

of accreditation at any time since the prior award of recognition or leading up to the application for an 

initial award of recognition. 

(b) An agency seeking initial recognition must follow the policies and procedures outlined in 

paragraph (a) of this section, but in addition must also submit—

(1)Letters of support for the agency from at least three accredited institutions or programs, 

three educators, and, if appropriate, three employers or practitioners, explaining the role for such an 

agency and the reasons for their support; and 

(2)Letters from at least one program or institution that will rely on the agency as its link to a 

Federal program upon recognition of the agency or intends to seek multiple accreditation which will 

allow it in the future to designate the agency as its Federal link. 

(bc) After receipt of an agency’s application for initial or renewal of recognition, Department staff 

publishes a notice in the Federal Register stating that the of the agency's submittedssion of an 

application in the Federal Register and inviting the public to comment provide information concerning 

the performance of on the agency's compliance to assist the Department in determining whether the 

agency meets the criteria for recongitrecognition and with the criteria for recognition and establishing a 

deadline for receipt of information from the public comment. 

(cd) The Department staff analyzes the agency's application for initial or renewal of recognition, to 

determine whether the agency satisfies the criteria for recognition, taking into account all available 

relevant information concerning the compliance of the agency with those criteria and the agency's 

consistency in applying the criteria. The analysis of an application may include and, after January 1, 

2021, will include—

(1) A site visit, which may be `conducted as an in-person visit at the agency, including an onsite 

file review of agency documents, or through a virtual file review of agency documents.  The site visit 

may also include, as appropriate, an in-person visit to the agency's member institutions or programs, an 

onsite or virtual observation of a meeting of the agency’s decision-making body, or an on-site or virtual 

observation of other agency activity.  During the site visit, Department staff may retain copies of 

documents needed for inclusion in the administrative record;

 

 (i) Observations from site visits, on an announced or unannounced basis, to the agency or to a 
42

location where the agency conducts activities such as training, review and evaluation panel meetings, or 

decision meetings; 

 

 (ii)Observations from site visits, on an announced or unannounced basis, to one or more of the 

institutions or programs the agency accredits or preaccredits; 

 (iii)A file review at the agency of documents, at which time Department staff may retain copies 

of documents needed for inclusion in the administrative record; 

 (2iv)Review of the public comments and other third-party information Department staff 

receives by the established deadline, the agency's responses to the third-party commentsinformation, 

as appropriate, and any other information Department staff obtains for purposes of evaluating the 

agency under this part; and 

(3v) Review of complaints or legal actions involving the agency; and 

(42) Review of complaints or legal actions against an institution or program accredited or 

preaccredited by the agency, which may be considered but are not necessarily determinative of 

compliance. 

(e) The Department may view as a negative factor when considering an application for initial, or 

expansion of scope of, recognition as proposed by an agency, among other factors, any evidence that 

the agency was part of a concerted effort to unnecessarily restrict the qualifications necessary for a 

student to sit for a licensure or certification examination or otherwise be eligible for entry into a 

profession. 

(df) Department staff's evaluation of an agency may also include a review of information directly 

related to institutions or programs accredited or preaccredited by the agency relative to their 

compliance with the agency's standards, the effectiveness of the standards, and the agency's application 

of those standards, but must make all materials relied upon in the evaluation available to the agency for 

review and comment. 

(eg) If, at any point in its evaluation of an agency seeking initial recognition, Department staff 

determines that the agency fails to demonstrate compliance with the basic eligibility requirements in §§ 

602.10 through 602.15, the staff—

(1) Returns the agency's application and provides the agency with an explanation of the 

deficiencies that caused staff to take that action; and 

(2) Requires that the agency withdraw its application and instructs the agency that it may 

reapply when the agency is able to demonstrate compliance. 

(hf) Except with respect to an application that has been returned and is withdrawn under paragraph 

(eg) of this section, when Department staff completes its evaluation of the agency, the staff may and, 

after July 1, 2021, will —

(1) Prepare a written draft analysis of the agency's application; 
43

(2) Send to the agency the draft analysis including any identified areas of potential 

noncompliance and all third-party comments and complaints, if applicable, and any other materials the 

Department received by the established deadline or is including in its review; 

(3) Invite the agency to provide a written response to the draft analysis and third-party 

comments information or other material included in the review, specifying a deadline that provides at 

least 18090 days for the agency's response; 

(4)Review the response to the draft analysis the agency submits, if any, and prepares the written 

final analysis—

 (i) Indicating that the agency is in full compliance, substantial compliance, or noncompliance 

with each of the criteria for recognition; and 

 (ii) Recommending that the senior Department official approve, renew continue recognition 

with compliance reporting requirements due in 12 months, renew continue recognition with compliance 

reporting requirements with a deadline in excess of 12 months based on a finding of good cause and 

extraordinary circumstances, approve with monitoring or other reporting requirements, or deny, limit, 

suspend, or terminate recognition; and 

(5) Provide to the agency, no later than 30 days before the Advisory Committee meeting, the 

final staff analysis and any other available information provided to the Advisory Committee under § 

602.34(c). 

(gi) The agency may request that the Advisory Committee defer acting on an application at that 

Advisory Committee meeting if Department staff fails to provide the agency with the materials 

described, and within the timeframes provided, in paragraphs (fg)(3) and (5) of this section. If the 

Department staff's failure to send the materials in accordance with the timeframe described in 

paragraph (fg)(3) or (5) of this section is due to the agency’s failure to timely submit reports or other 

information requested by the Secretary, submit its response to the draft analysis, or to comply with the 

requirements of § 602.30(e), the agency forfeits its right to request a deferral of its application.n to the 

failure of the agency to, by the deadline established by the Secretary, submit reports to the Department, 

other information the Secretary requested, or its response to the draft analysis, the agency forfeits its 

right to request a deferral of its application.

(h) If Department staff does not conclude its review of the application for recognition before the 

expiration of an agency’s recognition period, the recognition period automatically extends until a final 

recognition decision is made and Department staff will limit the length of the recognition 

recommendation to not exceed five years from the expiration.

(j) An agency seeking an expansion of scope, either as part of the regular renewal of recognition 

process or during a period of recognition, must submit an application to the Secretary, separately or as 

part of the policies and procedures outlined in paragraph (a) of this section, that satisfies the 

requirements of §§ 602.12(b) and 602.31(b) and—

(1) States the reason for the expansion of scope request; 
44

(2)Includes letters from at least three institutions or programs that would seek accreditation 

under one or more of the elements of the expansion of scope; and 

(3)Explains how the agency must expand capacity to support the expansion of scope, if 

applicable, and, if necessary, how it will do so and how its budget will support that expansion of 

capacity.

(k) The Department may view as a negative factor when considering an application for initial or 

expansion of scope of recognition as proposed by an agency, among other factors, any evidence that the 

agency was part of a concerted effort to unnecessarily restrict the qualifications necessary for a student 

to sit for a licensure or certification examination or otherwise be eligible for entry into a profession. 

(l) Department staff's evaluation of a compliance report includes review of public comments 

solicited by Department staff in the Federal Register received by the established deadline, the agency's 

responses to the third-party comments, as appropriate, other third-party information Department staff 

receives, and additional information described in paragraphs (d) and (e) of this section, as appropriate. 

(m) The Department will process an application for an expansion of scope, compliance report, or 

increase in enrollment report in accordance with paragraphs with paragraphs (c) through (h) of this 

section. 

(Authority: 20 U.S.C. 1099b)

§ 602.32 Procedures for review of an expansion of scope, compliance report, or increase in headcount 

enrollment.

(a) For an expansion of scope, (1) The Department will only accept such applications in conjunction with 

an application for recognition, except as provided in (a)(2) of this section.(2) At the discretion of 

Department staff and on a case-by-case basis, Department staff may review an application for an 

expansion of scope independent of a renewal application. The accrediting agency must demonstrate 

that the Department’s review of the agency’s application for an expansion of scope is essential to 

prevent the delay of educational programs for which high student interest exists and where projected 

enrollment demonstrates support for educational programs associated with the expansion of scope.

(b) For the review of a compliance report, Department staff--

(1) Publishes in the Federal Register a notice that an agency submitted a compliance 

report, inviting the public to provide information concerning the performance of the agency to assist 

the Department in determining whether the agency meets the criteria for recognition identified in the 

recognition decision and establishing a deadline for receipt of information from the public;

(2) Completes its evaluation of the agency’s compliance report;

(3) Prepares a written draft analysis of the agency's compliance report;

(4) Sends to the agency the draft analysis, including any identified areas of potential 

noncompliance and all third-party information, if applicable, and any other materials the Department 

received by the established deadline or that is included in its review;
45

(5) Invites the agency to provide a written response to the draft analysis and third-party 

information or other material included in the review, specifying a deadline that provides at least 45 days 

for the agency's response;

(6) Reviews the response to the draft analysis the agency submits, if any, and prepares the 

written final analysis—

(i) Indicating that the agency is in full compliance, substantial compliance, or 

noncompliance with each of the criteria for recognition under review; and 

(ii) Including a recognition recommendation to the senior Department official, including, 

but not limited to a recommendation that the senior Department official approve, continue recognition 

with compliance reporting requirements due in 12 months, continue recognition with compliance 

reporting requirements with a deadline in excess of 12 months based on a finding of good cause and 

extraordinary circumstances, approve with monitoring or other reporting requirements, or deny, limit, 

suspend, or terminate recognition; and 

(7) Provide to the agency, no later than 30 days before the Advisory Committee meeting, the 

final staff analysis and any other available information provided to the Advisory Committee under 34 

C.F.R. § 602.34(c).

(c) For the review of a report related to an increase in headcount enrollment, as required by 34 C.F.R. § 

602.30(d), the agency will provide the report required by 34 C.F.R. § 602.30(d); and the Department will 

process the report in accordance with the procedures described in paragraph (b) for a compliance 

report.

§ 602.33 Procedures for review of agencies during the period of recognition, including the review of 

monitoring reports.

(a) Department staff may review the compliance of a recognized agency with the criteria for recognition 

at any time—

(1) Based on the submission of a monitoring report as directed by a decision by the senior 

Department official or Secretary; or 

(2) Based on any information that, as determined by Department staff, appears credible and 

raises concerns relevant to the criteria for recognition. 

(b) The review may include, but need not be limited to, any of the activities described in §

602.312(cd) and (df). 

(c) If the inquiry was initiated under paragraph (a)(2) of this section, Department staff will provide the 

agency with the documentation concerning the inquiry and an opportunity to respond within a 

reasonable time.

(d) If, in the course of the review, Department staff determines that the agency is in compliance with

the criteria for recognition, Department staff will conclude the review.
46

(ec) If, in the course of the review, and after providing the agency the documentation concerning the 

inquiry and consulting with the agency, Department staff notes that one or more deficiencies may 

exist in the agency's compliance with the criteria for recognition or in the agency's effective

application of those criteria, Department staff—

(1) Prepares a written draft analysis of the agency's compliance with the criteria of concern; 

(2) Sends to the agency the draft analysis, including any identified areas of noncompliance 

and all supporting documentation; 

(3) Invites the agency to provide a written response to the draft analysis within 4590 days; 

and 

(4) Reviews any response provided by the agency, including any monitoring report submitted, 

and either—

 (i) Concludes the review; 

 (ii) Continues monitoring of the agency's areas of deficiencies; or 

 (iii)(A) Notifies the agency, in the event that the agency's response or monitoring report does 

not satisfy the staff, that the draft analysis will be finalized for presentation to the Advisory Committee; 

 (B)

Publishes a notice in the Federal Register with an invitation for the public to comment provide 

information on the agency's compliance performance to assist the Department in determining whether 

the agency meets with the criteria in question and establishesing a deadline for receipt of public 

commentinformation; 

 (C) Provides the agency with a copy of all public comments information received and, if 

practicable, invites a written response from the agency; 

 (D) Finalizes the staff analysis as necessary to reflect its review of any agency response and 

any public comment information received; 

 (E) Provides to the agency, no later than 30 days before the Advisory Committee meeting, the 

final staff analysis and a recognition recommendation and any other information provided to the 

Advisory Committee under § 602.34(c); and 

 (F) Submits the matter for review by the Advisory Committee in accordance with § 602.34.

(Authority: 20 U.S.C. 1099b) 

REVIEW BY THE NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY

§602.34 Advisory Committee meetings.

(a) Department staff submits a proposed schedule to the Chairperson of the Advisory Committee based 

on anticipated completion of staff analyses. 

(b) The Chairperson of the Advisory Committee establishes an agenda for the next meeting and, in 

accordance with the Federal Advisory Committee Act, presents it to the Designated Federal Official for 

approval. 

(c) Before the Advisory Committee meeting, Department staff provides the Advisory Committee with—

(1) TheAs applicable, the agency's application for recognition, or renewal of recognition, orthe 
47

agency’s application for expansion of scope when Advisory Committee review is required, and when the

application for expansion of scope is reviewed by Department staff under either 34 C.F.R. §§

602.32(a)(1) or 602.32(a)(2), or the agency's compliance report, and supporting documentation 

submitted by the agency; 

(2) The final Department staff analysis of the agency developed in accordance with § 602.31, § 

602.32, or § 602.33, and any supporting documentation; 

(3) The agency's response to the draft analysis; 

(4) Any written third-party commentsinformation the Department received about the agency 

on or before the established deadline; 

(5) Any agency response to third-party commentsinformation; and 

(6) Any other information Department staff relied upon in developing its analysis. 

(d) At least 30 days before the Advisory Committee meeting, the Department publishes a notice of the 

meeting in the Federal Register inviting interested parties to make oral presentations before the 

Advisory Committee. 

(e) The Advisory Committee considers the materials provided under paragraph (c) of this section in a 

public meeting and invites Department staff, the agency, and other interested parties to make oral 

presentations during the meeting. A transcript is made of all Advisory Committee meetings. 

(f) The written motion adopted by the Advisory Committee regarding each agency's recognition will be 

made available during the Advisory Committee meeting. The Department will provide each agency, 

upon request, with a copy of the motion on recognition at the meeting. Each agency that was reviewed 

will be sent an electronic copy of the motion relative to that agency as soon as practicable after the 

meeting. 

(g) After each meeting of the Advisory Committee, the Advisory Committee forwards to the senior 

Department official its recommendation with respect to each agency, which may include, but is not 

limited to—

(1)(i) For an agency that is fully compliant, approve initial or renewed recognition; 

 (ii) In the case of non-compliance--

(A) Continue recognition with a required compliance report to be submitted to the Department within 

12 months from30 days after the end of the period specified in the decision of the senior Department 

official, which may not exceed 12 months; 

 (iiiB) In conjunction with a finding of exceptional circumstances and good cause, continue 

recognition for a specified period in excess of 12 months pending submission of a compliance report; or

 (iv) (C) Deny, limit, suspend, or terminate recognition;

(iii) In the case of substantial compliance, grant initial recognition or renewed recognition and 

recommend a monitoring report with a set deadline to be reviewed by Department staff to ensure that 

corrective action is taken, and full compliance is achieved or maintained (or recommend for action by 

staff under § 602.33 if it is not); or 

 (v) Deny, limit, suspend, or terminate recognition; 

(2)Grant or deny a request for expansion of scope; or 

(3) Revise or affirm the scope of the agency. 

(Authority: 20 U.S.C. 1099b) 
48

§602.35 Responding to the Advisory Committee’s recommendation.

(a) Within ten business days following the publication of the transcripts of the Advisory Committee 

meeting, the agency and Department staff may submit written comments to the senior Department 

official on the Advisory Committee’s recommendation. The agency must simultaneously submit a copy 

of its written comments, if any, to Department staff. Department staff must simultaneously submit a 

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

(b) Comments must be limited to--

(1) Any Advisory Committee recommendation that the agency or Department staff believes is 

not supported by the record;

(2) Any incomplete Advisory Committee recommendation based on the agency’s application; 

and

(3) The inclusion of any recommendation or draft proposed decision for the senior Department 

official’s consideration.

(c) (1) Neither the Department staff nor the agency may submit additional documentation with its 

comments unless the Advisory Committee’s recognition recommendation proposes finding the agency 

noncompliant with, or ineffective in its application of, a criterion or criteria for recognition not identified 

in the final Department staff analysis provided to the Advisory Committee.

(2) Within ten business days of receipt by the Department staff of an agency’s comments or 

new evidence, if applicable, or of receipt by the agency of the Department staff’s comments, 

Department staff, the agency, or both, as applicable, may submit a response to the senior Department 

official. Simultaneously with submission, the agency must provide a copy of any response to the 

Department staff. Simultaneously with submission, Department staff must provide a copy of any 

response to the agency. No additional comments or new documentation may be submitted after the 

responses described in this paragraph are submitted. 

(Authority: 20 U.S.C. 1099b)

REVIEW AND DECISION BY THE SENIOR DEPARTMENT OFFICIAL

§602.36 Senior Department official’s decision.

(a) The senior Department official makes a decision regarding recognition of an agency based on the 

record compiled under §§ 602.31, 602.32, 602.33, 602.34, and 602.35 including, as applicable, the 

following: 

(1) The materials provided to the Advisory Committee under §602.34(c). 

(2) The transcript of the Advisory Committee meeting. 

(3) The recommendation of the Advisory Committee. 

(4) Written comments and responses submitted under §602.35. 

(5) New documentation submitted in accordance with §602.35(c)(1). 
49

(6) A communication from the Secretary referring an issue to the senior Department official's 

consideration under §602.37(e). 

(b) In the event that statutory authority or appropriations for the Advisory Committee ends, or there 

are fewer duly appointed Advisory Committee members than needed to constitute a quorum, and under 

extraordinary circumstances when there are serious concerns about an agency's compliance with 

subpart B of this part that require prompt attention, the senior Department official may make a decision 

on an application for renewal of recognition or compliance report on the record compiled under §§§

602.31, 602.32, or § 602.33 after providing the agency with an opportunity to respond to the final staff 

analysis. Any decision made by the senior Department official under this paragraph from the Advisory 

Committee may be appealed to the Secretary as provided in § 602.37. 

(c) Following consideration of an agency's recognition under this section, the senior Department official 

issues a recognition decision. 

(d) Except with respect to decisions made under paragraph (f) or (g) of this section and matters referred 

to the senior Department official under § 602.37(e) or (f), the senior Department official notifies the 

agency in writing of the senior Department official's decision regarding the agency's recognition within 

90 days of the Advisory Committee meeting or conclusion of the review under paragraph (b) of this 

section. 

(e) The senior Department official's decision may include, but is not limited to, approving for 

recognition; approving with a monitoring report; denying, limiting, suspending, or terminating 

recognition following the procedures in paragraph (g) of this section; granting or denying an application 

for an expansion of scope; revising or affirming the scope of the agency; or continuing recognition 

pending submission and review of a compliance report under §§ 602.3112 and 602.3242 and review of 

the report by the senior Department official under this section. 

(1)(i) The senior Department official approves recognition if the agency has demonstrated 

compliance or substantial compliance with the criteria for recognition listed in subpart B of this part. 

The senior Department official may determine that the agency has demonstrated compliance or 

substantial compliance with the criteria for recognition if the agency has a compliant policy or procedure 

in place but has not had the opportunity to apply such policy or procedure. 

 (ii) If the senior Department official approves recognition, the recognition decision defines the 

scope of recognition and the recognition period. The recognition period does not exceed five years, 

including any time during which recognition was continued to permit submission and review of a 

compliance report. 

 (iii) If the scope of recognition is less than that requested by the agency, the senior 

Department official explains the reasons for continuing or approving a lesser scope. 

(2) (i) Except as provided in paragraph (e)(3) of this section, if the agency fails to comply with 

the criteria for recognition listed in subpart B of this part, the senior Department official denies, limits, 

suspends, or terminates recognition. 

 (ii) If the senior Department official denies, limits, suspends, or terminates recognition, the 

senior Department official specifies the reasons for this decision, including all criteria the agency fails to 

meet and all criteria the agency has failed to apply effectively. 

(3)(i) If the senior Department official concludes an agency is noncompliant, the senior 

Department official may continue the agency's recognition, pending submission of a compliance report 
50

that will be subject to review in the recognition process, provided that—

 (A) The senior Department official concludes that the agency will demonstrate compliance 

with, and effective application of, the criteria for recognition within 12 months from the date of the 

senior Department official’s decision; or 

 (B) The senior Department official identifies a deadline more than 12 months from the date 

of the decision by which the senior Department official concludes the agency will demonstrate full 

compliance with, and effective application of, the criteria for recognition, and also identifies exceptional 

circumstances and good cause for allowing the agency more than 12 months to achieve compliance and 

effective application. 

 (ii) In the case of a compliance report ordered under paragraph (e)(3)(i) of this section, the 

senior Department official specifies the criteria the compliance report must address, and the time 

period for achieving compliance and effective application of the criteria. The compliance report 

documenting compliance and effective application of criteria is due not later than 30 days after the end 

of the period specified in the senior Department official's decision. 

 (iii) If the record includes a compliance report required under paragraph (e)(3)(i) of this 

section, and the senior Department official determines that an agency has not complied with the criteria 

for recognition, or has not effectively applied those criteria, during the time period specified by the 

senior Department official in accordance with paragraph (e)(3)(i) of this section, the senior Department 

official denies, limits, suspends, or terminates recognition, except, in extraordinary circumstances, upon 

a showing of good cause for an extension of time as determined by the senior Department official and 

detailed in the senior Department official's decision. If the senior Department official determines good 

cause for an extension has been shown, the senior Department official specifies the length of the 

extension and what the agency must do during it to merit a renewal of recognition. 

(f) If the senior Department official determines that the agency is substantially compliant, or is fully 

compliant but has concerns about the agency maintaining compliance, the senior Department official 

may approve the agency’s recognition or renewal of recognition and require periodic monitoring reports 

that are to be reviewed and approved by Department staff. 

(g) If the senior Department official determines, based on the record, that a decision to deny, limit, 

suspend, or terminate an agency's recognition may be warranted based on a finding that the agency is 

noncompliant with one or more criteria for recognition, or if the agency does not hold institutions or 

programs accountable for complying with one or more of the agency’s standards or criteria for 

accreditation that were not identified earlier in the proceedings as an area of noncompliance, the senior 

Department official provides--

(1) The agency with an opportunity to submit a written response addressing the finding; and 

(2) The staff with an opportunity to present its analysis in writing. 

(h) If relevant and material information pertaining to an agency's compliance with recognition criteria, 

but not contained in the record, comes to the senior Department official's attention while a decision 

regarding the agency's recognition is pending before the senior Department official, and if the senior 

Department official concludes the recognition decision should not be made without consideration of the 

information, the senior Department official either—

(1)(i) Does not make a decision regarding recognition of the agency; and 

 (ii) Refers the matter to Department staff for review and analysis under § 602.312, or § 
51

602.323 or § 602.33, as appropriate, and consideration by the Advisory Committee under § 602.34; or 

(2)(i) Provides the information to the agency and Department staff; 

 (ii) Permits the agency to respond to the senior Department official and the Department staff 

in writing, and to include additional documentation relevant to the issue, and specifies a deadline; 

 (iii) Provides Department staff with an opportunity to respond in writing to the agency's 

submission under paragraph (h)(2)(ii) of this section, specifying a deadline; and 

 (iv) Issues a recognition decision based on the record described in paragraph (a) of this 

section, as supplemented by the information provided under this paragraph (h). 

 (i) No agency may submit information to the senior Department official, or ask others to 

submit information on its behalf, for purposes of invoking paragraph (h) of this section. Before invoking 

paragraph (h) of this section, the senior Department official will take into account whether the 

information, if submitted by a third party, could have been submitted in accordance with § 602.321(a) 

or § 602.33(c)(e)(2). 

 (j) If the senior Department official does not reach a final decision to approve, deny, limit, 

suspend, or terminate an agency's recognition before the expiration of its recognition period, the senior 

Department official automatically extends the recognition period until a final decision is reached. 

 (k) Unless appealed in accordance with § 602.37, the senior Department official's decision is 

the final decision of the Secretary. 

(Authority: 20 U.S.C. 1099b) 

APPEAL RIGHTS AND PROCEDURES

§602.37 Appealing the senior Department official’s decision to the Secretary.

(a) The agency may appeal the senior Department official's decision to the Secretary. Such appeal stays 

the decision of the senior Department official until final disposition of the appeal. If an agency wishes to 

appeal, the agency must—

(1) Notify the Secretary and the senior Department official in writing of its intent to appeal the 

decision of the senior Department official, no later than 10 business days after receipt of the decision; 

(2) Submit its appeal to the Secretary in writing no later than 30 days after receipt of the 

decision; and 

(3) Provide the senior Department official with a copy of the appeal at the same time it submits 

the appeal to the Secretary. 

(b) The senior Department official may file a written response to the appeal. To do so, the senior 

Department official must—

(1) Submit a response to the Secretary no later than 30 days after receipt of a copy of the 

appeal; and 

(2) Provide the agency with a copy of the senior Department official's response at the same 

time it is submitted to the Secretary. 

(c) Once the agency's appeal and the senior Department official's response, if any, have been provided, 

no additional written comments may be submitted by either party. 

(d) Neither the agency nor the senior Department official may include in its submission any new 

Formatted: Not Highlight
52

documentation it did not submit previously in the proceeding. 

(e) On appeal, the Secretary makes a recognition decision, as described in § 602.36(e). If the decision 

requires a compliance report, the report is due within 30 days after the end of the period specified in 

the Secretary's decision. The Secretary renders a final decision after taking into account the senior 

Department official's decision, the agency's written submissions on appeal, the senior Department 

official's response to the appeal, if any, and the entire record before the senior Department official. The 

Secretary notifies the agency in writing of the Secretary's decision regarding the agency's recognition. 

(f) The Secretary may determine, based on the record, that a decision to deny, limit, suspend, or 

terminate an agency's recognition may be warranted based on a finding that the agency is noncompliant 

with, or ineffective in its application with respect to, a criterion or criteria for recognition not identified 

as an area of noncompliance earlier in the proceedings. In that case, the Secretary, without further 

consideration of the appeal, refers the matter to the senior Department official for consideration of the 

issue under § 602.36(g). After the senior Department official makes a decision, the agency may, if 

desired, appeal that decision to the Secretary. 

(g) If relevant and material information pertaining to an agency's compliance with recognition criteria, 

but not contained in the record, comes to the Secretary's attention while a decision regarding the 

agency's recognition is pending before the Secretary, and if the Secretary concludes the recognition 

decision should not be made without consideration of the information, the Secretary either—

(1)(i) Does not make a decision regarding recognition of the agency; and 

 (ii) Refers the matter to Department staff for review and analysis under § 602.31, § 602.32,

or § 602.33, as appropriate; review by the Advisory Committee under § 602.34; and consideration by the 

senior Department official under § 602.36; or 

(2)(i) Provides the information to the agency and the senior Department official; 

 (ii) Permits the agency to respond to the Secretary and the senior Department official in 

writing, and to include additional documentation relevant to the issue, and specifies a deadline; 

 (iii) Provides the senior Department official with an opportunity to respond in writing to the 

agency's submission under paragraph (g)(2)(ii) of this section, specifying a deadline; and 

 (iv) Issues a recognition decision based on all the materials described in paragraphs (e) and 

(g) of this section. 

(h) No agency may submit information to the Secretary, or ask others to submit information on its 

behalf, for purposes of invoking paragraph (g) of this section. Before invoking paragraph (g) of this 

section, the Secretary will take into account whether the information, if submitted by a third party, 

could have been submitted in accordance with § 602.312(a) or § 602.33(c). 

(i) If the Secretary does not reach a final decision on appeal to approve, deny, limit, suspend, or 

terminate an agency's recognition before the expiration of its recognition period, the Secretary 

automatically extends the recognition period until a final decision is reached. 

(Authority: 20 U.S.C. 1099b) 

§602.38 Contesting the Secretary’s final decision to deny, limit, suspend, or terminate an agency’s 

recognition.

An agency may contest the Secretary’s decision under this part in the Federal courts as a final decision in 

accordance with applicable Federal law. Unless otherwise directed by the court, a decision of the 
53

Secretary to deny, limit, suspend, or terminate the agency’s recognition is not stayed during an appeal in 

the Federal courts.

(Authority: 20 U.S.C. 1099b)

§602.39 Severability. 

If any provision of this subpart or its application to any person, act, or practice is held invalid, the 

remainder of the subpart or the application of its provisions to any person, act, or practice shall not be 

affected thereby. 

(Authority: 20 U.S.C. 1099b) 

Subpart D -- Department Responsibilities

§602.50 What information does the Department share with a recognized agency about its accredited 

institutions and programs?

(a) If the Department takes an action against an institution or program accredited by the agency, it 

notifies the agency no later than 10 days after taking that action.

(b) If another Federal agency or a State agency notifies the Department that it has taken an action 

against an institution or program accredited by the agency, the Department notifies the agency as soon 

as possible but no later than 10 days after receiving the written notice from the other Government 

agency.

(Authority: 20 U.S.C. 1099b)

Proposed 34 C.F.R. Part 604 – The Secretary’s Recognition of State Agencies for the Approval of Nurse 

Education

Subpart A - General

604.1 – Scope

For the purposes of the Public Health Service Act, 42 U.S.C. 296, the Secretary recognizes State agencies 

for the approval of nurse education to ensure that those agencies are reliable authorities regarding the 

quality of the education or training offered by the programs or entities they approve.

604.2 - Definitions

(a) The following definitions are contained in the regulations for Institutional Eligibility under the Higher 

Education Act of 1965, as amended, 34 C.F.R. part 600:

(1) Secretary

(2) State 

(b) The following definitions are contained in the regulations for the Secretary’s Recognition of 
54

Accrediting Agencies under the Higher Education Act of 1965, as amended, 34 C.F.R. part 602:

(1) Adverse action

(32) Recognition

(43) Senior Department official

(c) The following definitions apply to this part:

(1) State approval agency or agency means a legal entity, or that part of a legal entity, that 

conducts approval activities for programs of nurse education in a State and makes decisions 

concerning the approval status of programs of nurse education in that State.

(2) Approval means the status of public recognition that a State approval agency grants a 

program of nurse education that meets the agency’s standards and requirements.

604.3 – Publication of list

The Secretary publishes a list of recognized State approval agencies for the approval of programs of 

nurse education in their respective States, which includes State approval agencies that meet the criteria 

for recognition listed in subpart B of this part. 

604.4 – Severability

If any provision of this subpart or its application to any person, act, or practice is held invalid, the 

remainder of the subpart or the application of its provisions to any other person, act, or practice will not 

be affected thereby.

Subpart B – Criteria for Recognition

604.10 – Purpose and organization

(a) The Secretary recognizes only State approval agencies with a statewide geographic area of 

operations.

(b) The State approval agency must have the appropriate legal authorization from the State to approve 

programs of nurse education.

604.11 – Administrative and fiscal responsibilities
55

(a) The State approval agency must have an appropriate organization to carry out its approval activities 

and administrative staff qualified for their roles.

(b) The State approval agency must have a decision-making body, appointed or selected according to the 

requirements of relevant State law to make approval decisions.

(c) The State approval agency must have site visitors that are qualified by education and experience and 

trained by the agency on their responsibilities.

(d) The State approval agency must have clear and effective controls, including guidelines, to prevent or 

resolve conflicts of interest, or the appearance of conflicts of interest, by the agency’s decision-making 

body, site visitors, and administrative staff.

604.12 – Approval standards

The State approval agency must demonstrate that it has standards of approval that are sufficiently 

rigorous to ensure that the agency is a reliable authority regarding the quality of education or training 

provided by the programs of nurse education it approves. The agency’s standards must set forth clear 

expectations for the programs of nurse education it approves in the following areas:

(a) Success with respect to student achievement, including consideration of State licensing examination 

pass rates.

(b) Curricula.

(c) Qualified department head and faculty.

(d) Facilities, equipment, and supplies.

(e) Administrative capacity.

(f) Student support services.

(g) Recruiting and admissions practices.

(h) Student complaints.

(i) Refund policies.

(j) Contractual arrangements which reflect upon the academic program, including for clinical and 

training sites

604.13 – Site visit and documentation 

Before reaching a decision to approve a program of nurse education, the State approval agency must -

(a) Conduct at least one site visit of the program of nurse education, during which it obtains sufficient 

information and documentation to determine if the program complies with the agency’s standards.

(b) Allow the program of nurse education the opportunity to respond in writing to the report of the onsite review; and
56

(c) Provide the program of nurse education with a detailed written report that assesses the program’s 

compliance with the agency’s standards for use by the decision-making body in making an approval 

decision.

604.14 – Annual report

(a) The State approval agency must demonstrate that it requires each program of nurse education it 

approves to submit a comprehensive annual report that enables the agency to identify problems with a 

program’s continued compliance with agency standards.

(b) The required annual report for each approved program of nurse education must include current data 

and information in at least the following areas: 

(1) Enrollment by class;

(2) Student-teacher ratios;

(3) Admissions data for prior five years;

(4) Graduation/completion data for prior five years;

(5) Performance of students on State licensing examination(s) for prior 5 years;

(6) Any changes to the curricula;

(7) A copy of the course catalog;

(8) Any new contractual arrangements which reflect upon the academic program;

(9) A copy of its audited fiscal report; and

(10) Any other key indicators, as determined by the State approval agency.

604.15 – Program evaluation

The State approval agency must evaluate a program of nurse education for initial approval and must 

reevaluate approved programs at regularly established intervals.

604.16 – Enforcement of standards

(a) If the State approval agency's review of a program of nurse education under any standard, except a 

standard setting forth the agency’s expectations for success with respect to student achievement as 

required under 34 C.F.R. § 604.12(a), indicates that the program is not in compliance with that standard, 

the agency must--

(1) Immediately initiate adverse action against the program of nurse education; or 

(2) Require the program of nurse education to take appropriate action to bring itself into 

compliance with the agency's standards within a time period that must not exceed--

(i) Twelve months, if the program is less than one year in length;
57

(ii) Eighteen months, if the program is at least one year, but less than two years, in 

length; or

(iii) Two years, if the program is at least two years in length.

(b) If the State approval agency’s review of a program of nurse education’s compliance with a standard 

setting forth the agency’s expectations for success with respect to student achievement, as required 

under 34 C.F.R. § 604.12(a), indicates that the program of nurse education is not in compliance with that 

standard, the State approval agency must provide the program of nurse education with a written 

timeline for coming into compliance that is reasonable, as determined by the State approval agency’s 

decision-making body, based on the nature of the finding, the stated mission, and the educational 

objectives of the institution or program. The timeline may include intermediate checkpoints on the way 

to full compliance and must not exceed the lesser of four years or 150 percent of the length of the 

program of nurse education.

(c) If the program of nurse education does not bring itself into compliance within the specified period, 

the State approval agency must take immediate adverse action unless the agency, for good cause, 

extends the period for achieving compliance.

(d) Nothing in this part prohibits a State approval agency from permitting the program of nurse 

education to be out of compliance with one or more of its standards, policies, and procedures for a 

period of time, as determined by the agency annually, not to exceed three years unless the agency 

determines there is good cause to extend the period of time, and if –

(1) The State approval agency and the program of nurse education can show that the 

circumstances requiring the period of noncompliance are beyond the program’s control, such 

as—

(i) A natural disaster or other catastrophic event significantly impacting the program of 

nurse education’s operations; 

(ii) Accepting students from another program of nurse education that is closing; 

(iii) Significant and documented local or national economic changes, such as an 

economic recession or closure of a large local employer; 

(iv) Changes relating to State licensure requirements; or

(v) The normal application of the State approval agency's standards creates an undue 

hardship on students.

(2) The grant of the period of noncompliance is approved by the State approval agency's 

decision-making body; 

(3) The State approval agency projects that the program of nurse education has the resources 

necessary to achieve compliance with the standard, policy, or procedure within the time 

allotted; and 

(4) The program of nurse education demonstrates to the satisfaction of the State approval 

agency that the period of noncompliance will not—

(i) Contribute to the cost of the program of nurse education to the student without the 
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student's consent; 

(ii) Create any undue hardship on, or harm to, students; or 

(iii) Compromise the program of nurse education’s academic quality.

604.17 – Operating procedures

(a) The State approval agency must maintain and make available to the public written materials 

describing--

(1) Each type of approval it grants;

(2) The procedures that programs of nurse education must follow in applying for approval;

(3) The standards, policies, and procedures it uses to determine whether to grant, reaffirm, 

reinstate, restrict, deny, revoke, terminate, or take any other action related to each type of 

approval that it grants;

(4) The programs of nurse education that it currently approves and, for each program, the year 

it will next review or reconsider the program for approval;

(5) Actions taken by the agency’s decision-making body; and

(6) A list of the names of--

(i) The members of the agency’s decision-making body; and 

(ii) The agency’s principal administrative staff.

(b) The State approval agency must--

(1) Review any complaint it receives against an approved program of nurse education that is 

related to the agency's standards or procedures in a timely, fair, and equitable manner. The 

agency may not complete its review and make a decision regarding a complaint unless, in 

accordance with published procedures, it ensures that the program of nurse education has 

sufficient opportunity to provide a response to the complaint and may not refuse to accept a 

complaint on the basis that it does not identify the complainant or specify a particular approval 

standard. The State approval agency must review complaints to determine whether they raise 

concerns related to possible noncompliance by the program of nurse education with the 

agency’s standards, policies, and procedures. The State approval agency’s complaint 

procedures must include –

(i) Clear timelines for the complaint review process, including the timely notification of 

the complainant regarding the status of the complaint;

(ii) Allowance for more than one complaint submission method;

(iii) A requirement that agency staff must provide feedback to a complainant who 

does not submit a complaint correctly under the agency’s prescribed method(s), 

or that the agency must accept a complaint even when the complainant does 
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not technically follow the agency’s complaint procedures;

(iv) Allowance for the confidentiality of the complainant, including the 

complainant’s ability to elect to keep their personally identifiable information 

confidential from the program of nurse education that is the subject of the 

complaint;

(v) A clear explanation of whether, and under what circumstances, an agency 

requires the complainant to first submit the complaint to the program of nurse 

education and to allow the program of nurse education to reach a conclusion 

prior to filing a complaint with the State approval agency; 

(vi) Clear complaint procedures, including with respect to the responsibilities and 

roles of agency staff in handling and responding to complaints; and

(vii) Accessibility for individuals with disabilities. 

(2) Adequately document the review and decision and, if applicable, take and document 

follow-up action, as necessary, including enforcement action, based on the results of its review; 

and

(3) Review in a timely, fair, and equitable manner, and apply unbiased judgment to, any 

complaints against itself and take and document follow-up action, as appropriate, based on the 

results of its review.

604.18 Due Process

(1) The State approval agency must demonstrate that the procedures it uses throughout the approval 

process satisfy due process. The State approval agency meets this requirement if the agency does the 

following:

(i) Provides for adequate discussion during the on-site visit between the visiting team and the 

faculty, administrative staff, students, and other appropriate persons; 

(ii) Furnishes as a result of the evaluation visit, a written report to the program of nurse 

education commenting on areas of strength, areas needing improvement, and, when 

appropriate, suggesting means of improvement and including specific areas, if any, where the 

program of nurse education may not be in compliance with the agency's standards; 

(iii) Provides the Department head of the program of nurse education with opportunity to 

comment upon the written report and to file supplemental materials pertinent to the facts and 

conclusions in the written report of the visiting team before the agency takes action on the 

report; 

(iv) Provides the Department head of the institution with a specific statement of reasons for any 

adverse action, and notice of the right to appeal such action before an appeal body designated 

for that purpose; 

(v) Publishes rules of procedure regarding appeals; 
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(vi) Continues the approval status of the program of nurse education pending disposition of an 

appeal; 

(vii) Furnishes the Department head of the program of nurse education with a written decision 

of the appeal body, including a statement of its reasons therefor.

Subpart C – The Recognition Process

The Department will follow the regulations at Part 602, Subpart C for the recognition process except 

that each State approval agency recognized under this subpart will be reevaluated by the Secretary at 

his discretion, but at least once every four years.