34 C.F.R. Subpart C—The Recognition Process
Title 34 - Education
(a) An accrediting agency seeking initial or continued recognition must submit a written application to the Secretary. The application must consist of— (1) A statement of the agency's requested scope of recognition; (2) Evidence that the agency complies with the criteria for recognition listed in subpart B of this part; and (3) Supporting documentation. (b) By submitting an application for recognition, the agency authorizes Department staff to observe its site visits and decision meetings and to gain access to agency records, personnel, and facilities on an announced or unannounced basis. (c) The Secretary does not make available to the public any confidential agency materials a Department employee reviews during the evaluation of either the agency's application for recognition or the agency's compliance with the criteria for recognition. (Authority: 20 U.S.C. 1099b) (a) Upon receipt of an agency's application for either initial or continued recognition, Department staff— (1) Establishes a schedule for the review of the agency by Department staff, the National Advisory Committee on Institutional Quality and Integrity, and the Secretary; (2) Publishes a notice of the agency's application in the (3) Provides State licensing or authorizing agencies, all currently recognized accrediting agencies, and other appropriate organizations with copies of the (b) Department staff analyzes the agency's application 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 any deficiencies in the agency's performance with respect to the criteria. The analysis includes— (1) Site visits, on an announced or unannounced basis, to the agency and, at the Secretary's discretion, to some of the institutions or programs it accredits or preaccredits; (2) Review of the public comments and other third-party information the Department staff receives by the established deadline, as well as any other information Department staff assembles for purposes of evaluating the agency under this part; and (3) Review of complaints or legal actions involving the agency. (c) Department staff's evaluation 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. (d) If, at any point in its evaluation of an agency seeking initial recognition, Department staff determines that the agency fails to demonstrate substantial compliance with the basic eligibility requirements in §§602.10 through 602.13, 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) Recommends that the agency withdraw its application and reapply when the agency can demonstrate compliance. (e) Except with respect to an application that is withdrawn under paragraph (d) of this section, when Department staff completes its evaluation of the agency, the staff— (1) Prepares a written analysis of the agency, which includes a recognition recommendation; (2) Sends the analysis and all supporting documentation, including all third-party comments the Department received by the established deadline, to the agency no later than 45 days before the Advisory Committee meeting; and (3) Invites the agency to provide a written response to the staff analysis and third-party comments, specifying a deadline for the response that is at least two weeks before the Advisory Committee meeting. (f) If Department staff fails to provide the agency with the materials described in paragraph (e)(2) of this section at least 45 days before the Advisory Committee meeting, the agency may request that the Advisory Committee defer acting on the application at that meeting. If Department staff's failure to send the materials at least 45 days before the Advisory Committee meeting is due to the failure of the agency to submit reports or other information the Secretary requested by the deadline the Secretary established, the agency forfeits its right to request a deferral. (g) Department staff reviews any response to the staff analysis that the agency submits. If necessary, Department staff prepares an addendum to the staff analysis and provides the agency with a copy. (h) Before the Advisory Committee meeting, Department staff provides the Advisory Committee with the following information: (1) The agency's application for recognition and supporting documentation. (2) The Department staff analysis of the agency. (3) Any written third-party comments the Department received about the agency on or before the established deadline. (4) Any agency response to either the Department staff analysis or third-party comments. (5) Any addendum to the Department staff analysis. (6) Any other information Department staff relied on in developing its analysis. (i) At least 30 days before the Advisory Committee meeting, the Department publishes a notice of the meeting in the (Authority: 20 U.S.C. 1099b)
Title 34: Education
PART 602—THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES
Subpart C—The Recognition Process
Application and Review by Department Staff
§ 602.30 How does an agency apply for recognition?
§ 602.31 How does Department staff review an agency's application?
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?
(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)
§ 602.33 How may an agency appeal a recommendation of the Advisory Committee?
(a) Either the agency or the senior Department official may appeal the Advisory Committee's recommendation. If a party wishes to appeal, that party must—
(1) Notify the Secretary and the other party in writing of its intent to appeal the recommendation no later than 10 days after the Advisory Committee meeting;
(2) Submit its appeal in writing to the Secretary no later than 30 days after the Advisory Committee meeting; and
(3) Provide the other party with a copy of the appeal at the same time it submits the appeal to the Secretary.
(b) The non-appealing party may file a written response to the appeal. If that party wishes to do so, it must—
(1) Submit its response to the Secretary no later than 30 days after receiving its copy of the appeal; and
(2) Provide the appealing party with a copy of its response at the same time it submits its response to the Secretary.
(c) Neither the agency nor the senior Department official may include any new evidence in its submission; i.e., evidence it did not previously submit to the Advisory Committee.
(Authority: 20 U.S.C. 1099b and 1145)
Review and Decision by the Secretary
§ 602.34 What does the Secretary consider when making a recognition decision?
The Secretary makes the decision regarding recognition of an agency based on the entire record of the agency's application, including the following:
(a) The Advisory Committee's recommendation.
(b) The senior Department official's recommendation, if any.
(c) The agency's application and supporting documentation.
(d) The Department staff analysis of the agency.
(e) All written third-party comments forwarded by Department staff to the Advisory Committee for consideration at the meeting.
(f) Any agency response to the Department staff analysis and third-party comments.
(g) Any addendum to the Department staff analysis.
(h) All oral presentations at the Advisory Committee meeting.
(i) Any materials submitted by the parties, within the established timeframes, in an appeal taken in accordance with §602.33.
(Authority: 20 U.S.C. 1099b)
§ 602.35 What information does the Secretary's recognition decision include?
(a) The Secretary notifies the agency in writing of the Secretary's decision regarding the agency's application for recognition.
(b) The Secretary either approves or denies recognition or defers a decision on the agency's application for recognition.
(1)(i) The Secretary approves 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 Secretary approves recognition, the Secretary's recognition decision defines the scope of recognition and the recognition period.
(iii) If the scope or period of recognition is less than that requested by the agency, the Secretary explains the reasons for approving a 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 Secretary denies recognition, unless the Secretary concludes that a deferral under paragraph (b)(3) of this section is warranted.
(ii) If the Secretary denies recognition, the Secretary specifies the reasons for this decision, including all criteria the agency fails to meet and all areas in which the agency fails to perform effectively.
(3)(i) The Secretary may defer a decision on recognition if the Secretary concludes that the agency's deficiencies do not warrant immediate loss of recognition and if the Secretary 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 the deferral decision, the Secretary states the bases for the Secretary's 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 Secretary also establishes a deferral period, which begins on the date of the Secretary's decision.
(iv) The deferral period 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, except that the Secretary may grant an extension of an expiring deferral period at the request of the agency for good cause shown.
(c) The recognition period may not exceed five years.
(d) If the Secretary does not reach a final decision to approve or deny an agency's application for continued recognition before the expiration of its recognition period, the Secretary automatically extends the recognition period until the final decision is reached.
(Authority: 20 U.S.C. 1099b)
§ 602.36 May an agency appeal the Secretary's final recognition decision?
An agency may appeal the Secretary's decision under this part in the Federal courts as a final decision in accordance with applicable Federal law.
(Authority: 20 U.S.C. 1099b)
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