[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR602.31]

[Page 208-210]
 
                           TITLE 34--EDUCATION
 
 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 602_THE SECRETARY'S RECOGNITION OF ACCREDITING AGENCIES--Table of Contents
 
                    Subpart C_The Recognition Process
 
Sec. 602.31  How does Department staff review an agency's application?

    (a) Upon receipt of an agency's application for either initial or 
continued recognition, Department staff--

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    (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 Federal 
Register, inviting the public to comment on the agency's compliance with 
the criteria for recognition and establishing a deadline for receipt of 
public comment; and
    (3) Provides State licensing or authorizing agencies, all currently 
recognized accrediting agencies, and other appropriate organizations 
with copies of the Federal Register notice.
    (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 Sec. Sec. 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

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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 Federal Register 
inviting interested parties, including those who submitted third-party 
comments concerning the agency's compliance with the criteria for 
recognition, to make oral presentations before the Advisory Committee.

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

 Review by the National Advisory Committee on Institutional Quality and 
                                Integrity