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34 C.F.R. §§ 602.10–602.15

6 sections in range

§602.10. Link to Federal programs.

34 C.F.R. § 602.10

The agency must demonstrate that—
(a)
If the agency accredits institutions of higher education, 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; or
(b)
If the agency accredits institutions of higher education or higher education programs, or both, its accreditation is a required element in enabling at least one of those entities to establish eligibility to participate in non-HEA Federal programs.
Notes, amendments, and revision history

Amendments

[64 FR 56617, Oct. 20, 1999, as amended at 85 FR 58918, Nov. 1, 2019]

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

Amendments

[64 FR 56617, Oct. 20, 1999, as amended at 85 FR 58918, Nov. 1, 2019]

§602.11. Geographic area of accrediting activities.

34 C.F.R. § 602.11

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 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.
Notes, amendments, and revision history

Amendments

[84 FR 58918, Nov. 1, 2019]

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

Amendments

[84 FR 58918, Nov. 1, 2019]

§602.12. Accrediting experience.

34 C.F.R. § 602.12

(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)
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.
Notes, amendments, and revision history

Amendments

[84 FR 58918, Nov. 1, 2019]

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

Amendments

[84 FR 58918, Nov. 1, 2019]

§602.13. Reserved

34 C.F.R. § 602.13

Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

§602.14. Purpose and organization.

34 C.F.R. § 602.14

(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;
(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 decision-making 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 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;
(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.
Notes, amendments, and revision history

Amendments

[84 FR 58919, Nov. 1, 2019]

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

Amendments

[84 FR 58919, Nov. 1, 2019]

§602.15. Administrative and fiscal responsibilities.

34 C.F.R. § 602.15

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 decision-making bodies, if the agency accredits programs or single-purpose institutions that prepare students for a specific profession;
(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 on-site 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.
Notes, amendments, and revision history

Amendments

[84 FR 58919, Nov. 1, 2019]

Authority

Authority: 20 U.S.C. 1099b, unless otherwise noted.

Source

Source: 64 FR 56617, Oct. 20, 1999, unless otherwise noted.

Amendments

[84 FR 58919, Nov. 1, 2019]