Sec. 496. Recognition of accrediting agency or association
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Section 496 ( 20 U.S.C. 1099b ) is amended— in subsection (j), by striking section 102 and inserting section 101 ; in subsection (a)— in paragraph (2), by amending subparagraph
(A)to read as follows: for the purpose of participation in programs under this Act or other programs administered by the Department of Education or other Federal agencies, has a voluntary membership of institutions of higher education or other entities and has as a principal purpose the accrediting of institutions of higher education or programs; ; in paragraph (3)— in subparagraph (A)— by striking subparagraph (A)(i) and inserting subparagraph
(A)or
(C); by striking separate and inserting separately incorporated ; and by adding or at the end; by striking or at the end of subparagraph (B); and by striking subparagraph (C); in paragraph (4)— in subparagraph (A)— by inserting as defined by the institution after stated mission of the institution of higher education ; by striking , including distance education or correspondence courses or programs, ; and by striking and at the end; by striking subparagraph
(B)and inserting the following: such agency or association demonstrates the ability to review, evaluate, and assess the quality of any instruction delivery model or method such agency or association has or seeks to include within its scope of recognition, without giving preference to or differentially treating a particular instruction delivery model or method offered by an institution of higher education or program except that, in a case in which the instruction delivery model allows for the separation of the student from the instructor— the agency or association requires the institution to have processes through which the institution establishes that the student who registers in a course or program is the same student who participates in, including, to the extent practicable, testing or other assessment, and completes the program and receives the academic credit; and the agency or association requires that any process used by an institution to comply with the requirement under clause
(i)does not infringe upon student privacy and is implemented in a manner that is minimally burdensome to the student; and if such an agency or association evaluates or assesses the quality of competency-based education programs, the agency’s or association’s evaluation or assessment — shall address effectively the quality of an institution’s competency-based education programs as set forth in paragraph (5), except that the agency or association is not required to have separate standards, procedures, or policies for the evaluation of competency-based education; shall establish whether an institution has demonstrated that its program satisfies the definitions in section 103(25); and shall establish whether an institution has demonstrated that it has defined an academic year for a competency-based program in accordance with section 481(a)(3). ; by amending paragraph
(5)to read as follows: the standards for accreditation of the agency or association assess the institution’s success with respect to student learning and educational outcomes in relation to the institution’s mission, which may include different standards for different institutions or programs, except that the standards shall include consideration of student learning and educational outcomes in relation to expected measures of student learning and educational outcomes, which at the agency’s or association’s discretion are established— by the agency or association; or by the institution or program, at the institution or program level, as the case may be, if the institution or program— defines expected student learning goals and educational outcomes; measures and evaluates student learning, educational outcomes, and, if appropriate, other outcomes of the students who complete their program of study; uses information about student learning, educational outcomes, and, if appropriate, other outcomes, to improve the institution or program; and makes such information available to appropriate constituencies; ; and in paragraph (8), by striking , upon request, ; in subsection (b)— in the subsection heading, by striking and inserting Separate ; Separately Incorporated in the matter preceding paragraph (1), by striking separate and inserting separately incorporated ; in paragraph (2), by inserting who shall represent business after one such public member ; and in paragraph (4), by inserting before the period at the end and is maintained separately from any such entity or organization ; in subsection (c)— in paragraph (1)— by inserting (which may vary based on institutional risk consistent with policies promulgated by the agency or association to determine such risk and interval frequency as allowed under subsection (p)) after intervals ; and by striking distance education and inserting competency-based education ; by striking paragraph
(5)and redesignating paragraphs (2), (3), and
(4)as paragraphs (3), (4), and (5), respectively; by inserting after paragraph (1), the following: develops a mechanism to identify institutions or programs accredited by the agency or association that may be experiencing difficulties accomplishing their missions with respect to the student learning and educational outcome goals established under subsection (a)(5) and— as appropriate, uses information such as student loan default or repayment rates, retention or graduation rates, evidence of student learning, financial data, and other indicators to identify such institutions; not less than annually, evaluates the extent to which those identified institutions or programs continue to be in compliance with the agency or association’s standards; and as appropriate, requires the institution or program to address deficiencies and ensure that any plan to address and remedy deficiencies is successfully implemented. ; in paragraph (4)(A), as so redesignated, by striking 487(f) and inserting 487(e) ; by amending paragraph (5), as so redesignated, to read as follows: establishes and applies or maintains policies which ensure that any substantive change to the educational mission, program, or programs of an institution after the agency or association has granted the institution accreditation or preaccreditation status does not adversely affect the capacity of the institution to continue to meet the agency’s or association’s standards for such accreditation or preaccreditation status, which shall include policies that— require the institution to obtain the agency’s or association’s approval of the substantive change before the agency or association includes the change in the scope of the institution’s accreditation or preaccreditation status; and define substantive change to include, at a minimum— any change in the established mission or objectives of the institution; any change in the legal status, form of control, or ownership of the institution; the addition of courses, programs of instruction, training, or study, or credentials or degrees that represent a significant departure from the courses, programs, or credentials or degrees that were offered at time the agency or association last evaluated the institution; or the entering into a contract under which an institution or organization not certified to participate programs under title IV provides a portion of an accredited institution’s educational program that is greater than 25 percent; ; in paragraph (7)— in the matter preceding subparagraph (A), by inserting , on the agency’s or association’s website, after public ; in subparagraph (C), by inserting before the semicolon at the end the following: , and a summary of why such action was taken or such placement was made ; in paragraph (8), by striking and at the end; in paragraph (9), by striking the period at the end and inserting a semicolon; by adding at the end the following: makes publicly available, on the agency or association’s website, a list of the institutions of higher education accredited by such agency or association, which includes, with respect to each institution on the list–— the year accreditation was granted; the most recent date of a comprehensive evaluation of the institution under paragraph (1); and the anticipated date of the next such evaluation; and confirms, as a part of the agency’s or association’s review for accreditation or reaccreditation, that the institution’s website includes consumer information described section paragraphs
(1)and
(2)of section 132(d). ; in subsection (e)— by striking The Secretary and inserting the following: Subject to paragraph (2), the Secretary ; and by adding at the end the following: Paragraph
(1)shall not apply in the case of an institution described in subsection (j). . by striking subsection
(h)and inserting the following: The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution is in the process of changing its accrediting agency or association and is subject to one or more of the following actions, unless the eligible institution submits to the Secretary materials demonstrating a reasonable cause for changing the accrediting agency or association: 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. A decision by a recognized accrediting agency or association to deny accreditation or preaccreditation to the institution. A pending or final action brought by a recognized accrediting agency or association to suspend, revoke, withdraw, or terminate the institution’s accreditation or preaccreditation. Probation or an equivalent status imposed on the institution by a recognized accrediting agency or association. Nothing in this subsection shall be construed to restrict the ability of an institution of higher education not subject to an action described in paragraph
(1)and otherwise in good standing to change accrediting agencies or associations without the approval of the Secretary as long as the institution notifies the Secretary of the change. ; by striking subsection
(k)and inserting the following: Notwithstanding subsection (j), the Secretary shall allow an institution that has had its accreditation withdrawn, revoked, or otherwise terminated, or has voluntarily withdrawn from an accreditation agency, to remain certified as an institution of higher education under section 101 and subpart 3 of this part for a period sufficient to allow such institution to obtain alternative accreditation, if the Secretary determines that the withdrawal, revocation, or termination— is related to the religious mission or affiliation of the institution; and is not related to the accreditation criteria provided for in this section. For purposes of this section the following shall apply: The religious mission of an institution may be reflected in the institution’s religious tenets, beliefs, or teachings, and any policies or decisions related to such tenets, beliefs, or teachings (including any policies or decisions concerning housing, employment, curriculum, self-governance, or student admission, continuing enrollment, or graduation). An agency or association’s standard fails to respect an institution’s religious mission when the institution determines that the standard induces, pressures, or coerces the institution to act contrary to, or to refrain from acting in support of, any aspect of its religious mission. If an institution of higher education believes that an adverse action of an accrediting agency or association fails to respect the institution’s religious mission in violation of subsection (a)(4)(A), the institution— may file a complaint with the Secretary to require the agency or association to withdraw the adverse action; and prior to filing such complaint, shall notify the Secretary and the agency or association of an intent to file such complaint not later than 30 days after— receiving the adverse action from the agency or association; or determining that discussions with or the processes of the agency or association to remedy the failure to respect the religious mission of the institution will fail to result in the withdrawal of the adverse action by the agency or association. Upon notification of an intent to file a complaint and through the duration of the complaint process under this paragraph, the Secretary and the accrediting agency or association shall treat the accreditation status of the institution of higher education as if the adverse action for which the institution is filing the complaint had not been taken. Not later than 45 days after providing notice of the intent to file a complaint, the institution shall file the complaint with the Secretary (and provide a copy to the accrediting agency or association), which shall include— a description of the adverse action; how the adverse action fails to respect the institution’s religious mission in violation of subsection (a)(4)(A); and any other information the institution determines relevant to the complaint. The accrediting agency or association shall have 30 days from the date the complaint is filed with the Secretary to file with the Secretary (and provide a copy to the institution) a response to the complaint, which response shall include— how the adverse action is based on a violation of the agency or association’s standards for accreditation; and how the adverse action does not fail to respect the religious mission of the institution and is in compliance with subsection (a)(4)(A). The accrediting agency or association shall bear the burden of proving that the agency or association has not taken the adverse action as a result of the institution’s religious mission, and that the action does not fail to respect the institution’s religious mission in violation of subsection (a)(4)(A), by showing that the adverse action does not impact the aspect of the religious claimed to be affected in the complaint. Any evidence that the adverse action results from the application of a neutral and generally applicable rule shall be insufficient to prove that the action does not fail to respect an institution’s religious mission. The institution shall have 15 days from the date on which the agency or association’s response is filed with the Secretary to— file with the Secretary (and provide a copy to the agency or association) a response to any issues raised in the response of the agency or association; or inform the Secretary and the agency or association that the institution elects to waive the right to respond to the response of the agency or association. Not later than 15 days of receipt of the institution’s response under subparagraph
(D)or notification that the institution elects not to file a response under such subparagraph— the Secretary shall review the materials to determine if the accrediting agency or association has met its burden of proof under subparagraph (C)(ii)(I); or in a case in which the Secretary fails to conduct such review— the Secretary shall be deemed as determining that the adverse action fails to respect the religious mission of the institution; and the accrediting agency or association shall be required to reverse the action immediately and take no further action with respect to such adverse action. In reviewing the complaint under clause (i)(I)— the Secretary shall consider the institution to be correct in the assertion that the adverse action fails to respect the institution’s religious mission and shall apply the burden of proof described in subparagraph (C)(ii)(I) with respect to the accrediting agency or association; and if the Secretary determines that the accrediting agency or association fails to meet such burden of proof— the Secretary shall notify the institution and the agency or association that the agency or association is not in compliance with subsection (a)(4)(A), and that such agency or association shall carry out the requirements of item
(bb)to be in compliance subsection (a)(4)(A); and the agency or association shall reverse the adverse action immediately and take no further action with respect to such adverse action. The Secretary’s determination under this subparagraph shall be the final action of the Department on the complaint. Nothing in this paragraph shall prohibit— an accrediting agency or association from taking an adverse action against an institution of higher education for a failure to comply with the agency or association’s standards of accreditation as long as such standards are in compliance with subsection (a)(4)(A) and any other applicable requirements of this section; or an institution of higher education from exercising any other rights to address concerns with respect to an accrediting agency or association or the accreditation process of an accrediting agency or association. The Secretary may only issue guidance under this paragraph that explains or clarifies the process for providing notice of an intent to file a complaint or for filing a complaint under this paragraph. The Secretary may not issue guidance, or otherwise determine or suggest, when discussions to remedy the failure by an accrediting agency or association to respect the religious mission of an institution of higher education referred to in subparagraph (A)(i)(II)(bb) have failed or will fail. ; in subsection (n)(3), by striking distance education courses or programs each place it appears and inserting competency-based education programs ; in subsection (o), by inserting before the period at the end the following: , or with respect to the policies and procedures of an accreditation agency or association described in paragraph
(2)or
(5)of subsection
(c)or how the agency or association carries out such policies and procedures ; by striking subsections
(p)and (q); and by adding at the end the following: Notwithstanding any other provision of law (including subsection (a)(4)(A)), an accrediting agency or association may establish, with the involvement of its membership, risk-based or differentiated review processes or procedures for assessing compliance with the accrediting agency or association’s standards, including policies related to substantive change and award of accreditation statuses, for institutions of higher education or programs that have demonstrated exceptional past performance with respect to meeting the accrediting agency or association’s standards. Risk-based or differentiated review processes or procedures shall not discriminate against, or otherwise preclude, institutions of higher education based on institutional sector or category, including an institution of higher education’s tax status. Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes an accrediting agency or association’s risk-based or differentiated review process or procedure. The Secretary shall establish a process through which an agency or association may seek to have a requirement of this subpart waived, if such agency or association— demonstrates that such waiver is necessary to enable an institution of higher education or program accredited by the agency or association to implement innovative practices intended to— reduce administrative burdens to the institution or program without creating costs for the taxpayer; or improve the delivery of services to students, improve instruction or learning outcomes, or otherwise benefit students; and describes the terms and conditions that will be placed upon the program or institution to ensure academic integrity and quality. .
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Sec. 496
Recognition of accrediting agency or association
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