[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: 34CFR602.35]



[Page 211-212]

 

                           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. 602.35  What information does the Secretary's recognition decision 

include?



    (a) The Secretary notifies the agency in writing of the Secretary's 

decision regarding the agency's application for recognition.

    (b) The Secretary either approves or denies recognition or defers a 

decision on the agency's application for recognition.

    (1)(i) The Secretary approves 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 Secretary approves recognition, the Secretary's 

recognition decision defines the scope of recognition and the 

recognition period.

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

requested by the agency, the Secretary explains the reasons for 

approving a 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 Secretary denies 

recognition, unless the Secretary concludes that a deferral under 

paragraph (b)(3) of this section is warranted.

    (ii) If the Secretary denies recognition, the Secretary specifies 

the reasons for this decision, including all criteria the agency fails 

to meet and all areas in which the agency fails to perform effectively.

    (3)(i) The Secretary may defer a decision on recognition if the 

Secretary concludes that the agency's deficiencies do not warrant 

immediate loss



[[Page 212]]



of recognition and if the Secretary 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 the deferral decision, the Secretary states the bases for 

the Secretary's 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 Secretary also establishes a deferral period, which begins 

on the date of the Secretary's decision.

    (iv) The deferral period 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, except that the Secretary may grant an extension 

of an expiring deferral period at the request of the agency for good 

cause shown.

    (c) The recognition period may not exceed five years.

    (d) If the Secretary does not reach a final decision to approve or 

deny an agency's application for continued recognition before the 

expiration of its recognition period, the Secretary automatically 

extends the recognition period until the final decision is reached.



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