[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: 34CFR602.32]



[Page 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. 602.32  What is the role of the Advisory Committee and the senior 

Department official in the review of an agency's application?



    (a) The Advisory Committee considers an agency's application for 

recognition at a public meeting and invites Department staff, the 

agency, and other interested parties to make oral presentations at the 

meeting. A transcript is made of each Advisory Committee meeting.

    (b) When it concludes its review, the Advisory Committee recommends 

that the Secretary either approve or deny recognition or that the 

Secretary defer a decision on the agency's application for recognition.

    (1)(i) The Advisory Committee recommends approval of recognition if 

the agency complies with the criteria for recognition listed in subpart 

B of this part and if the agency is effective in its performance with 

respect to those criteria.

    (ii) If the Advisory Committee recommends approval, the Advisory 

Committee also recommends a recognition period and a scope of 

recognition.

    (iii) If the recommended scope or period of recognition is less than 

that requested by the agency, the Advisory Committee explains its 

reasons for recommending the lesser scope or recognition period.

    (2)(i) If the agency fails to comply with the criteria for 

recognition in subpart B of this part, or if the agency is not effective 

in its performance with respect to those criteria, the Advisory 

Committee recommends denial of recognition, unless the Advisory 

Committee concludes that a deferral under paragraph (b)(3) of this 

section is warranted.

    (ii) If the Advisory Committee recommends denial, the Advisory 

Committee specifies the reasons for its recommendation, including all 

criteria the agency fails to meet and all areas in which the agency 

fails to perform effectively.

    (3)(i) The Advisory Committee may recommend deferral of a decision 

on recognition if it concludes that the agency's deficiencies do not 

warrant immediate loss of recognition and if it concludes that the 

agency will demonstrate or achieve compliance with the criteria for 

recognition and effective performance with respect to those criteria 

before the expiration of the deferral period.

    (ii) In its deferral recommendation, the Advisory Committee states 

the bases for its conclusions, specifies any criteria for recognition 

the agency fails to meet, and identifies any areas in which the agency 

fails to perform effectively with respect to the criteria.

    (iii) The Advisory Committee also recommends a deferral period, 

which may not exceed 12 months, either as a single deferral period or in 

combination with any expiring deferral period in which similar 

deficiencies in compliance or performance were cited by the Secretary.

    (c) At the conclusion of its meeting, the Advisory Committee 

forwards its recommendations to the Secretary through the senior 

Department official.

    (d) For any Advisory Committee recommendation not appealed under 

Sec. 602.33, the senior Department official includes with the Advisory 

Committee materials forwarded to the Secretary a memorandum containing 

the senior Department official's recommendations regarding the actions 

proposed by the Advisory Committee.



(Authority: 20 U.S.C. 1099b and 1145)



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