No accrediting agency or association may be recognized by the Secretary for the purpose of this chapter for a period of more than 5 years.
The Secretary may not recognize the accreditation of any institution of higher education unless the institution of higher education agrees to submit any dispute involving the final denial, withdrawal, or termination of accreditation to initial arbitration prior to any other legal action.
Notwithstanding any other provision of law, any civil action brought by an institution of higher education seeking accreditation from, or accredited by, an accrediting agency or association recognized by the Secretary for the purpose of this subchapter and involving the denial, withdrawal, or termination of accreditation of the institution of higher education, shall be brought in the appropriate United States district court.
Nothing in this chapter shall be construed to permit the Secretary to establish criteria for accrediting agencies or associations that are not required by this section. Nothing in this chapter shall be construed to prohibit or limit any accrediting agency or association from adopting additional standards not provided for in this section. Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.
The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education is in the process of changing its accrediting agency or association, unless the eligible institution submits to the Secretary all materials relating to the prior accreditation, including materials demonstrating reasonable cause for changing the accrediting agency or association.
The Secretary shall not 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, unless the institution submits to each such agency and association and to the Secretary the reasons for accreditation by more than one such agency or association and demonstrates to the Secretary reasonable cause for its accreditation by more than one 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 accreditation shall be utilized in determining the institution’s eligibility for programs under this chapter.
The Secretary may only recognize accrediting agencies or associations which accredit institutions of higher education for the purpose of enabling such institutions to establish eligibility to participate in the programs under this chapter or which accredit institutions of higher education or higher education programs for the purpose of enabling them to establish eligibility to participate in other programs administered by the Department of Education or other Federal agencies.
The Secretary shall by regulation provide procedures for the recognition of accrediting agencies or associations and for the appeal of the Secretary’s decisions. Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).
The Secretary shall require a review, at the next available meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 50 percent or more within any one institutional fiscal year.
2009—Subsec. (a)(6)(G). Pub. L. 111–39 substituted semicolon for period at end.
2008—Subsec. (a)(4). Pub. L. 110–315, § 495(1)(A), added par. (4) and struck out former par. (4) which read as follows: “such agency or association consistently applies and enforces standards that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered;”.
Subsec. (a)(5)(A). Pub. L. 110–315, § 495(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “success with respect to student achievement in relation to the institution’s mission, including, as appropriate, consideration of course completion, State licensing examinations, and job placement rates;”.
Subsec. (a)(6). Pub. L. 110–315, § 495(1)(C), added par. (6) and struck out former par. (6) which read as follows: “such agency or association shall apply procedures throughout the accrediting process, including evaluation and withdrawal proceedings, that comply with due process, including—
“(A) adequate specification of requirements and deficiencies at the institution of higher education or program being examined;
“(B) notice of an opportunity for a hearing by any such institution;
“(C) the right to appeal any adverse action against any such institution; and
“(D) the right to representation by counsel for any such institution;”.
Subsec. (c)(1). Pub. L. 110–315, § 495(2)(A), inserted “, including those regarding distance education” after “their responsibilities”.
Subsec. (c)(2) to (8). Pub. L. 110–315, § 495(2)(B)–(D), added pars. (2), (3), and (7), redesignated former pars. (2) to (6) as (4) to (8), respectively, and struck out former par. (7) which read as follows: “maintains and makes publicly available written materials regarding standards and procedures for accreditation, appeal procedures, and the accreditation status of each institution subject to its jurisdiction; and”.
Subsec. (c)(9). Pub. L. 110–315, § 495(2)(E), (F), added par. (9).
Subsec. (g). Pub. L. 110–315, § 495(3), inserted at end “Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.”
Subsec. (o). Pub. L. 110–315, § 495(4), inserted at end “Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).”
Subsecs. (p), (q). Pub. L. 110–315, § 495(5), added subsecs. (p) and (q).
1998—Pub. L. 105–244, § 492(a)(2), substituted “Recognition” for “Approval” in section catchline.
Subsec. (a). Pub. L. 105–244, § 492(b)(1), (2), substituted “Criteria” for “Standards” in heading and “criteria” for “standards” wherever appearing in introductory provisions.
Subsec. (a)(4). Pub. L. 105–244, § 492(b)(3), substituted “offered by the institution” for “at the institution” and inserted “, including distance education courses or programs,” after “higher education”.
Subsec. (a)(5). Pub. L. 105–244, § 492(b)(4)(A), (H), substituted “for accreditation” for “of accreditation” in introductory provisions and “(A), (H), and (J)” for “(G), (H), (I), (J), and (L)” in concluding provisions.
Subsec. (a)(5)(A) to (G). Pub. L. 105–244, § 492(b)(4)(C), (E), added subpar. (A) and redesignated former subpars. (A) to (F) as (B) to (G), respectively. Former subpar. (G) redesignated (H).
Subsec. (a)(5)(H). Pub. L. 105–244, § 492(b)(4)(F), substituted “measures of program length” for “program length and tuition and fees in relation to the subject matters taught”.
Pub. L. 105–244, § 492(b)(4)(C), redesignated subpar. (G) as (H).
Pub. L. 105–244, § 492(b)(4)(B), struck out subpar. (H) which read as follows: “measures of program length in clock hours or credit hours;”.
Subsec. (a)(5)(I). Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (K) as (I) and struck out former subpar. (I) which read as follows: “success with respect to student achievement in relation to its mission, including, as appropriate, consideration of course completion, State licensing examination, and job placement rates;”.
Subsec. (a)(5)(J). Pub. L. 105–244, § 492(b)(4)(G), inserted “record of” before “compliance”, substituted “based on the most recent student loan default rate data provided by the Secretary, the” for “, including any”, and inserted “any” after “reviews, and”.
Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (L) as (J) and struck out former subpar. (J) which read as follows: “default rates in the student loan programs under this subchapter, based on the most recent data provided by the Secretary;”.
Subsec. (a)(5)(K), (L). Pub. L. 105–244, § 492(b)(4)(D), redesignated subpars. (K) and (L) as (I) and (J), respectively.
Subsec. (a)(7). Pub. L. 105–244, § 492(b)(5), substituted “State licensing or authorizing agency” for “State postsecondary review entity”.
Subsec. (a)(8). Pub. L. 105–244, § 492(b)(6), substituted “State licensing or authorizing agency” for “State postsecondary review entity of the State in which the institution of higher education is located”.
Subsec. (c). Pub. L. 105–244, § 492(c)(1), substituted “recognized by the Secretary” for “approved by the Secretary” in introductory provisions.
Subsec. (c)(1). Pub. L. 105–244, § 492(c)(2), substituted “(which may include unannounced site visits)” for “(at least one of which inspections at each institution that provides vocational education and training shall be unannounced),”.
Subsec. (d). Pub. L. 105–244, § 492(d)(1), substituted “recognition” for “approval” in heading and “recognized” for “approved” in text.
Subsec. (f). Pub. L. 105–244, § 492(d)(2), substituted “recognized” for “approved”.
Subsec. (g). Pub. L. 105–244, § 492(d)(3), substituted “criteria” for “standards” in heading and “establish criteria” for “establish standards” in text.
Subsec. (j). Pub. L. 105–244, § 102(b)(5), substituted “section 1002” for “section 1088” in introductory provisions.
Subsec. (k). Pub. L. 105–244, §§ 102(b)(5), 492(d)(4)(A), amended subsec. (k) identically, substituting “section 1002” for “section 1088” in introductory provisions.
Subsec. (k)(2). Pub. L. 105–244, § 492(d)(4)(B), substituted “criteria” for “standards”.
Subsec. (l). Pub. L. 105–244, § 492(d)(5), substituted “recognition” for “approval” in heading, added par. (1), and struck out former par. (1) which read as follows: “The Secretary shall limit, suspend, or terminate the approval of an accrediting agency or association if the Secretary determines, after notice and opportunity for a hearing, that the accrediting agency or association has failed to apply effectively the standards or operate according to the procedures provided in this section.”
Subsec. (n)(1). Pub. L. 105–244, § 492(d)(6)(A), substituted “criteria” for “standards” in introductory provisions.
Subsec. (n)(3). Pub. L. 105–244, § 492(d)(6)(A), (B), substituted “criteria” for “standards” in two places, “recognition process” for “approval process”, and “recognition or denial of recognition” for “approval or disapproval”, and inserted at end “When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association’s scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include accreditation of institutions offering distance education courses or programs.”
Subsec. (n)(4). Pub. L. 105–244, § 492(d)(6)(C), added par. (4) and struck out former par. (4) which read as follows: “The Secretary shall maintain sufficient documentation to support the conclusions reached in the approval process, and, upon disapproval of any accreditation agency or association, shall make publicly available the reason for such disapproval, including reference to the specific standards under this section which have not been fulfilled.”
1993—Subsec. (a)(2)(A)(i). Pub. L. 103–208, § 2(i)(3), inserted “of institutions of higher education” after “membership”.
Subsec. (a)(3)(A). Pub. L. 103–208, § 2(i)(4), substituted “subparagraph (A)(i)” for “subparagraph (A)”.
Subsec. (a)(5). Pub. L. 103–208, § 2(i)(5), substituted a semicolon for the period at end of subpar. (L) and inserted after subpar. (L) the following: “except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;”.
Subsec. (c). Pub. L. 103–208, § 2(i)(6), substituted “as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter” for “for the purpose of this subchapter”.
Subsec. (l)(2). Pub. L. 103–208, § 2(i)(7), substituted “institution” for “institutution” and “association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension” for “association leading to the suspension”.
Subsec. (n)(1)(B). Pub. L. 103–208, § 2(i)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “site visits at both the accrediting agency or association and member institutions, including unannounced visits where appropriate.”
Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (
Amendment by Pub. L. 105–244 effective
Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Section effective
Pub. L. 105–244, title VIII, § 804,