[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: 34CFR602.28]



[Page 208]

 

                           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. 602.28  Regard for decisions of States and other accrediting 

agencies.



    (a) If the agency is an institutional accrediting agency, it may not 

accredit or preaccredit institutions that lack legal authorization under 

applicable State law to provide a program of education beyond the 

secondary level.

    (b) Except as provided in paragraph (c) of this section, the agency 

may not grant initial or renewed accreditation or preaccreditation to an 

institution, or a program offered by an institution, if the agency 

knows, or has reasonable cause to know, that the institution is the 

subject of--

    (1) A pending or final action brought by a State agency to suspend, 

revoke, withdraw, or terminate the institution's legal authority to 

provide postsecondary education in the State;

    (2) A decision by a recognized agency to deny accreditation or 

preaccreditation;

    (3) A pending or final action brought by a recognized accrediting 

agency to suspend, revoke, withdraw, or terminate the institution's 

accreditation or preaccreditation; or

    (4) Probation or an equivalent status imposed by a recognized 

agency.

    (c) The agency may grant accreditation or preaccreditation to an 

institution or program described in paragraph (b) of this section only 

if it provides to the Secretary, within 30 days of its action, a 

thorough and reasonable explanation, consistent with its standards, why 

the action of the other body does not preclude the agency's grant of 

accreditation or preaccreditation.

    (d) If the agency learns that an institution it accredits or 

preaccredits, or an institution that offers a program it accredits or 

preaccredits, is the subject of an adverse action by another recognized 

accrediting agency or has been placed on probation or an equivalent 

status by another recognized agency, the agency must promptly review its 

accreditation or preaccreditation of the institution or program to 

determine if it should also take adverse action or place the institution 

or program on probation or show cause.

    (e) The agency must, upon request, share with other appropriate 

recognized accrediting agencies and recognized State approval agencies 

information about the accreditation or preaccreditation status of an 

institution or program and any adverse actions it has taken against an 

accredited or preaccredited institution or program.



(Approved by the Office of Management and Budget under control number 

1845-0003)



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