[Code of Federal Regulations]

[Title 34, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR602.14]



[Page 200-201]

 

                           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 B_The Criteria for Recognition

 

Sec. 602.14  Purpose and organization.



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

agencies:



------------------------------------------------------------------------

 The Secretary recognizes . .

              .                                that . . .

------------------------------------------------------------------------

(1) An accrediting agency....  (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 a

                                required element in enabling those

                                institutions to participate in HEA

                                programs; and

                               (iii) Satisfies the ``separate and

                                independent'' requirements in paragraph

                                (b) of this section.

(2) An accrediting agency....  (i) Has a voluntary membership; and

                               (ii) Has as its principal purpose the

                                accrediting of higher education

                                programs, or higher education programs

                                and institutions of higher education,

                                and that accreditation is a required

                                element in enabling those entities to

                                participate in non-HEA Federal programs.

(3) An accrediting agency....  for purposes of determining eligibility

                                for Title IV, HEA programs--

                               (i) Either has a voluntary membership of

                                individuals participating in a

                                profession or has as its principal

                                purpose the accrediting of programs

                                within institutions that are accredited

                                by a nationally recognized accrediting

                                agency; and

                               (ii) Either satisfies the ``separate and

                                independent'' requirements in paragraph

                                (b) of this section or obtains a waiver

                                of those requirements under paragraphs

                                (d) and (e) of this section.

(4) A State agency...........  (i) Has as a principal purpose the

                                accrediting of institutions of higher

                                education, higher education programs, or

                                both; and

                               (ii) The Secretary listed as a nationally

                                recognized accrediting agency on or

                                before October 1, 1991 and has

                                recognized continuously since that date.

------------------------------------------------------------------------



    (b) For purposes of this section, the term 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 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 that body 

consists of representatives of the public;

    (3) The agency has established and implemented guide lines for each 

member of the decision-making body to



[[Page 201]]



avoid 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)(3) 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)