34 C.F.R. § 602.32 What is the role of the Advisory Committee and the senior Department official in the review of an agency's application?
Title 34 - Education
(a) The Advisory Committee considers an agency's application for recognition at a public meeting and invites Department staff, the agency, and other interested parties to make oral presentations at the meeting. A transcript is made of each Advisory Committee meeting. (b) When it concludes its review, the Advisory Committee recommends that the Secretary either approve or deny recognition or that the Secretary defer a decision on the agency's application for recognition. (1)(i) The Advisory Committee recommends approval of recognition if the agency complies with the criteria for recognition listed in subpart B of this part and if the agency is effective in its performance with respect to those criteria. (ii) If the Advisory Committee recommends approval, the Advisory Committee also recommends a recognition period and a scope of recognition. (iii) If the recommended scope or period of recognition is less than that requested by the agency, the Advisory Committee explains its reasons for recommending the lesser scope or recognition period. (2)(i) If the agency fails to comply with the criteria for recognition in subpart B of this part, or if the agency is not effective in its performance with respect to those criteria, the Advisory Committee recommends denial of recognition, unless the Advisory Committee concludes that a deferral under paragraph (b)(3) of this section is warranted. (ii) If the Advisory Committee recommends denial, the Advisory Committee specifies the reasons for its recommendation, including all criteria the agency fails to meet and all areas in which the agency fails to perform effectively. (3)(i) The Advisory Committee may recommend deferral of a decision on recognition if it concludes that the agency's deficiencies do not warrant immediate loss of recognition and if it concludes that the agency will demonstrate or achieve compliance with the criteria for recognition and effective performance with respect to those criteria before the expiration of the deferral period. (ii) In its deferral recommendation, the Advisory Committee states the bases for its conclusions, specifies any criteria for recognition the agency fails to meet, and identifies any areas in which the agency fails to perform effectively with respect to the criteria. (iii) The Advisory Committee also recommends a deferral period, which may not exceed 12 months, either as a single deferral period or in combination with any expiring deferral period in which similar deficiencies in compliance or performance were cited by the Secretary. (c) At the conclusion of its meeting, the Advisory Committee forwards its recommendations to the Secretary through the senior Department official. (d) For any Advisory Committee recommendation not appealed under §602.33, the senior Department official includes with the Advisory Committee materials forwarded to the Secretary a memorandum containing the senior Department official's recommendations regarding the actions proposed by the Advisory Committee. (Authority: 20 U.S.C. 1099b and 1145)
Title 34: Education
PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES
Subpart C—The Recognition Process
Review by the National Advisory Committee on Institutional Quality and Integrity
§ 602.32 What is the role of the Advisory Committee and the senior Department official in the review of an agency's application?
