Sec. 311. Accrediting agency recognition
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Section 496(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(a) ) is amended— in the matter preceding paragraph (1), in the first sentence, by striking or training and inserting skills development ; by amending paragraph
(1)to read as follows: the accrediting agency or association (other than an accrediting agency or association described in paragraph (2)(D)) shall be a State or national agency or association and shall demonstrate the ability to operate as an institutional or programmatic accrediting agency or association within the State or nationally, as appropriate; ; in paragraph (2)— in subparagraph (A)— in clause (i), by striking principal ; and in clause (ii), by striking its principal and inserting a ; and in subparagraph (C), by inserting or at the end; and by adding at the end the following: is an entity (such as an industry-specific quality assurance entity) that has been— determined by a State to be a reliable authority as to the quality of education or skills development offered in such State for the purposes of this Act; and designated (in accordance with subsection (b)(1)) by such State as an accrediting agency or association with respect to such State for such purposes; ; in paragraph (3)— by amending subparagraph
(A)to read as follows: subparagraph (A), (C), or
(D)of paragraph (2), then such agency or association is— distinctly incorporated or organized; and both administratively and financially separate from, and independent of, any related, associated, or affiliated trade association or membership organization, by ensuring that— the members of the board or governing body of the accrediting agency or association are not elected or selected by the board or chief executive officer (or the representative of such board or officer) of any related, associated, or affiliated trade association or membership organization; among the membership of the board or governing body of the accrediting agency or association— if such board or body is comprised of 5 or fewer members, there is a minimum of one public member who represents business and who is not a member of any related, associated, or affiliated trade association or membership organization; and if such board or body is comprised of 6 or more members, there is a minimum of 1 such public member for every 6 members; guidelines are established for such members to avoid conflicts of interest, including specific guidelines to ensure that no such member is an employee of any institution accredited by the agency or association or has a financial interest in any such institution; dues to the accrediting agency or association are paid separately from any dues paid to any related, associated, or affiliated trade association or membership organization; and the budget of the accrediting agency or association is developed, decided, and maintained by the accrediting agency or association without any review by, consultation with, or approval by any related, associated, or affiliated trade association or membership organization; ; by striking or at the end of subparagraph (B); and by striking subparagraph (C); in paragraph (4)— in subparagraph (A)— by inserting (in the manner described in subparagraph (B)) after religious missions ; and by striking and at the end; and by striking subparagraph
(B)and inserting the following: such accrediting agency or association consistently applies and enforces standards that respect the stated religious mission of an institution of higher education by— basing decisions regarding accreditation and preaccreditation on the standards of accreditation of such agency or association; and not using as a negative factor the institution’s religious mission based policies, decisions, and practices in the areas covered by subparagraphs (B), (C), (D), (E), and
(F)of paragraph (5), except that the agency or association may require that the institution’s or a program of study’s curricula include all core components required by the agency or association that are not inconsistent with the institution’s religious mission; and 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 shall not be required to have separate standards, procedures, or policies for the evaluation of the quality of any instruction delivery model or method in order to meet the requirements of this subparagraph; and in the 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 the program (including, to the extent practicable, the testing or other assessments required under the program), 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 in paragraph (5)— by amending subparagraph
(A)to read as follows: success with respect to student achievement outcomes in relation to the institution’s mission and to the programs the institution offers, or the mission of a specific degree, certificate, or credential program, which may include different standards for different institutions or programs, and which shall include— standards for consideration of the median total price charged to students for a program of study in relation to the median value-added earnings of students who completed such program; standards for consideration of learning outcomes measures (such as competency attainment and licensing examination passage rates); standards for consideration of labor market outcomes measures (such as employer satisfaction surveys, employability measures, earnings gains, employment rates, or other similar approaches); and standards for consideration of student success outcomes measures (such as completion rates, retention rates, and loan repayment rates); ; by amending subparagraph
(I)to read as follows: record of student complaints received by, or available to, the agency or association, and a process for resolving complaints received by the institution; and ; and in subparagraph (J), by inserting and the median total price charged to students for a program of study in relation to the median value-added earnings of students who completed such program provided by the Secretary after student loan default rate data provided by the Secretary . Subsection
(b)of section 496 of the Higher Education Act of 1965 ( 20 U.S.C. 1099b ) is amended to read as follows: The Secretary shall— approve a State’s designation of an entity as an accrediting agency or association for the purposes described in subsection (a)(2)(D) for a 5-year period, beginning not later than 30 days after receipt of the plan from such State with respect to such designation, if such plan includes each of the elements listed in subparagraph (B); submit to the State and the authorizing committees, and make publicly available the Secretary’s response to the State with respect to such plan, including whether the plan includes each of the elements listed in subparagraph (B); and if a State’s designation of an entity as an accrediting agency or association is approved pursuant to this subparagraph, publish in the Federal Register with a 30-day public comment period— the plan submitted by such State with respect to such designation; and the Secretary’s response to such plan. The required elements of a State plan submitted under subparagraph
(A)with respect to the designation of an entity as an accrediting agency or association are as follows: A description of the process the State used to select the entity for such designation. A justification of the State’s decision to select the entity for such designation. A description of any requirements (in addition to the requirements of this section), that the State required the entity to comply with as a condition of receiving and maintaining such designation. A copy of the standards, policies, and procedures of the entity that the State considered in selecting the entity for such designation. The State’s assessment of how the standards for accreditation of the entity will be effective in meeting the requirements of subsection (a)(5). Evidence that at least one other State has determined that such entity is a reliable authority as to the quality of education offered for the purposes of this Act. An assurance that the State will comply with the monitoring requirements described in subparagraph (C). A State that has designated an entity as an accrediting agency or association for the purposes described in subsection (a)(2)(D) shall submit to the Secretary, and to the State authorizing entity, as appropriate, a report at the end of the 5-year period for which the entity has received such designation, which shall include, with respect to each postsecondary education program or institution that has been accredited by such entity during such period, and disaggregated by type of credential, certification, or degree— the number and percentage of students who have successfully obtained a postsecondary education credential, certification, or degree offered by such program or institution; and the number and percentage of students who were enrolled and did not successfully obtain such a credential, certification, or degree within 150 percent of the program length. For purposes of clause (i)(I), a student shall be counted as obtaining a credential, certification, or degree offered by a program or institution that was accredited by the entity during the period for which the report under this subparagraph is being submitted, if the student obtains such credential, certification, or degree after transferring to another institution during such period. With respect to a prospective accrediting agency or association that submits to the Secretary an application for initial recognition under this Act, the Secretary may provide such recognition to such agency or association within 2 years after receipt of such application, if such application— demonstrates that the agency or association— has at least one year of experience in making accreditation or preaccreditation decisions; and has policies in place that meet all the criteria under subsection
(a)for recognition covering the range of the specific degrees, certificates, institutions, or program of study for which the agency or association seeks such recognition; and provides an assurance that if the agency or association receives such recognition, the agency or association will submit to the Secretary monitoring reports regarding accreditation or preaccreditation decisions, as appropriate. Not later than 18 months after the date of enactment of the College Cost Reduction Act, the Secretary shall— convene a panel of experts to develop common terminology for accrediting agencies or associations to use in making accrediting decisions with respect to program of study or institutions, such as a common understanding of monitoring, warning, show cause, and other relevant statuses, as appropriate; and publish the recommendations for such common terminology in the Federal Register with a 60-day public comment period. . Paragraph
(1)of section 496(c) ( 20 U.S.C. 1099b(c) ) is amended— 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 authorized under subsection (p)) after intervals ; and by striking , including those regarding distance education . Section 496(c) ( 20 U.S.C. 1099b(c) ) is further amended— by redesignating paragraphs
(2)through
(9)as paragraphs
(3)through (10), respectively; and by inserting after paragraph
(1)the following: develops a policy process to identify any institution or program of study accredited by the agency or association that is not meeting the standards for accreditation of the agency or association, with a focus on the standards assessing an institution’s or program of study’s student achievement outcomes described in subsection (a)(5)(A), and other indicators, which shall include— not less than annually, evaluating the extent to which such an identified institution or program of study continues to be in compliance with such standards or other indicators; and as appropriate, requiring the institution or program of study to submit a plan, on an annual basis, to the accrediting agency or association to— address and remedy performance issues with respect to such compliance; and ensure that such plan is successfully implemented; . Paragraph
(5)of section 496(c) ( 20 U.S.C. 1099b(c) ) (as redesignated by paragraph (2)(A)) is amended to read as follows: establishes and applies or maintains policies, which ensure that any substantive change to the educational mission, program of study, or program of study 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, including the acquisition or addition of any other institution or new location where more than 50 percent of a program is offered; the addition of program of study at a higher credential level from the credential level previously accredited by the agency or association; or the entering into a contract under which an institution or organization not certified to participate in programs under this title offers more than 25 percent but less than 50 percent of the instruction of an educational program of the institution with such accreditation or preaccreditation status; . Section 496(c) ( 20 U.S.C. 1099b(c) ) is further amended— in paragraph
(8)(as redesignated by paragraph (2)(A))— in the matter preceding subparagraph (A), by inserting , on the agency’s or association’s website, after public ; and 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
(9)(as so redesignated), by striking and at the end; in paragraph (10)(B) (as so redesignated), by striking the period at the end and inserting the following: , including an assurance that the institution does not deny a transfer of credit based solely on the accreditation of the institution at which the credit was earned; ; and by adding at the end the following: such agency or association shall make publicly available, on the agency or association’s website, a list of the institutions of higher education or program of study accredited by such agency or association, which includes, with respect to each such institution or program of study— the year accreditation was granted; the most recent date of an award of accreditation or reaccreditation; and the anticipated date of the institution’s next evaluation for reaccreditation; . Section 496(c) ( 20 U.S.C. 1099b(c) ) is further amended by adding at the end the following: confirms that the standards for accreditation of the agency or association do not— except as provided in subparagraph (B)— require, encourage, or coerce any institution to— support, oppose, or commit to supporting or opposing— a specific partisan, political, or ideological viewpoint or belief or set of such viewpoints or beliefs; or a specific viewpoint or belief or set of viewpoints or beliefs on social, cultural, or political issues; or support or commit to supporting the disparate treatment of any individual or group of individuals on the basis of any protected class under Federal civil rights law, except as required by Federal law or a court order; or assess an institution’s or program of study’s commitment to any ideology, belief, or viewpoint; or prohibit an institution— from having a religious mission or from requiring an applicant, student, employee, or independent contractor (such as an adjunct professor) of such an institution to— provide or adhere to a statement of faith; or adhere to a code of conduct consistent with the stated religious mission of such institution or the religious tenets of such organization; or from requiring an applicant, student, employee, or contractor to take an oath to uphold the Constitution of the United States; or require, encourage, or coerce an institution of higher education to violate any right protected by the Constitution; . Section 496(c) ( 20 U.S.C. 1099b(c) ) is further amended by adding at the end the following: confirms that the standards for accreditation of the agency or association do not assess the roles (including actions or statements) of elected and appointed State and Federal officials and legislative bodies; and . Section 496(c) ( 20 U.S.C. 1099b(c) ) is further amended by adding at the end the following: confirms that the standards for accreditation of the agency or association do not require an institution to develop a program of study leading to a degree, certificate, or recognized postsecondary credential that is not in response to the needs of an industry or occupation. . Subsection
(d)of section 496 ( 20 U.S.C. 1099b ) is amended— by striking No accrediting and inserting the following: Except as otherwise provided in paragraph (2), no accrediting ; and by adding at the end the following new paragraph: Notwithstanding paragraph (1), an accrediting agency or association that has been recognized by the Secretary for the purpose of this Act for a period of 5 years, may be recognized for an additional period of up to 3 years, if the Secretary determines, based on the performance of the accrediting agency or association during its recognition period under this Act, that the accrediting agency or association— has the capability to evaluate the quality of institutions or program of study; and has maintained compliance with the criteria for accrediting agencies or associations required by this section. . Section 496 ( 20 U.S.C. 1099b ) is further amended by amending subsection
(g)to read as follows: The Secretary shall not establish criteria for accrediting agencies or associations that are not required by this section. An institution of higher education shall be eligible for participation in programs under this title if the institution is in compliance with the standards of its accrediting agency or association that assess the institution in accordance with subsection (a)(5), regardless of any additional standards adopted by the agency or association for purposes unrelated to participation in programs under this title. . Section 496 ( 20 U.S.C. 1099b ) is further amended by amending subsection
(h)to read as follows: The Secretary shall recognize the accreditation of any otherwise eligible institution or program of study if the institution (or program) is in the process of changing its accrediting agency or association, unless the institution (or program) is subject to one or more covered actions. For purposes of this subsection, the term covered action means one or more of the following, when used with respect to an institution or program of study: 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 or program of study. A pending or final action brought by a recognized accrediting agency or association to suspend, revoke, withdraw, or terminate the institution’s or program of study’s accreditation or preaccreditation. Probation or an equivalent status imposed on the institution or program of study by a recognized accrediting agency or association. An institution (or program of study ) that is not subject to a covered action described in paragraph
(1)and that desires to change its accrediting agency or association for a reason not related to any such covered action (such as compliance with State law) may make such a change without the approval of the Secretary, as long as the institution (or program) and the new accrediting agency or association of the institution (or program), not later than 30 days after the accreditation decision by such agency or association, notify the Secretary, in writing, of the effective date of the institution’s (or program’s)accreditation by such agency or association. . Section 496 ( 20 U.S.C. 1099b ) is further amended by amending subsection
(i)to read as follows: The Secretary shall recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is accredited, as an institution, by more than one accrediting agency or association. If the institution is accredited, as an institution, by more than one accrediting agency or association, the institution— shall designate which agency’s or association’s accreditation shall be utilized in determining the institution’s eligibility for participation in programs under this Act; and may change this designation at the end of the institution’s period of recognition. . Section 496 ( 20 U.S.C. 1099b ) is further amended by amending subsection
(k)to read as follows: 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 102 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. 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)(B), the institution— may file a complaint with the Secretary to review the adverse action of the agency or association; 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)(B); 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)(B). 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)(B), by showing that the adverse action does not impact the aspect of the religious mission 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 30 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 30 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)(B), and that such agency or association shall carry out the requirements of item
(bb)to be in compliance with subsection (a)(4)(B); 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)(B) 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 this Act, the term religious mission — means a published institutional mission that is approved by the governing body of an institution of higher education and that includes, refers to, or is predicated upon religious tenets, beliefs, or teachings; and may be reflected in any of the institution’s policies, decisions, or practices 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). . Section 496(n)(3) ( 20 U.S.C. 1099b(n)(3) ) is amended by striking the last sentence. Section 496(o) ( 20 U.S.C. 1099b(o) ) is amended 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 . Section 496 ( 20 U.S.C. 1099b ) is further amended— 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 shall establish risk-based 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) under which the agency or association— creates a system for understanding an institution’s or program of study’s performance in comparison with other similarly situated institutions or programs of study (which may include past performance with respect to meeting the accrediting agency or association’s standards, including the standards relating to the student achievement outcomes described in subclauses
(I)through
(IV)of subsection (a)(5)(A)); requires for each institution and program of study designated as high-risk, in accordance with the accrediting agency or association’s system in subparagraph (A), to submit the annual plans described in subsection (c)(2)(B) to the agency or association that address the performance issues of such institution or program of study that resulted in such designation; with respect to institutions or program of study meeting or exceeding performance as described in subparagraph (A), reduces any compliance requirements with the standards of accreditation of the agency that are not assessing an institution or program of study under subsection (a)(5), such as on-site inspections; and may require an institution or program of study that has declining performance (such as an institution or program of study with a high-risk designation under subparagraph (B)), which has not improved as required by the annual plan submitted under subsection (c)(2)(B), to take actions to avoid or minimize the risks that may lead to revocation of accreditation (such as limiting certain program of study enrollment or recommending to the Secretary to limit funds under this title for such an institution or program. Any risk-based review process or procedure established pursuant to this subsection 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. . Section 496 ( 20 U.S.C. 1099b ) is further amended by adding at the end the following: For purposes of this section, the term total price has the meaning given such term in section 454(d)(3). .
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Sec. 311
Accrediting agency recognition
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