[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: 34CFR602.31]



[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--



[[Page 209]]



    (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