U.S. Department of Education Issues Accreditation Guidance

Publication Number 101 July 25, 2022

U.S. Department of Education Issues Guidance on Changing Accreditors

USDEOn July 19, 2022, the U.S. Department of Education (USDE) released several guidance documents addressing the responsibilities of institutions and accrediting organizations when an institution seeks to change accreditors. In a blog post on USDE’s website announcing the new documents, USDE said that guidance was issued to ensure that institutions are held to high standards, to maintain the integrity of the Federal Triad of USDE, state governments and accrediting organizations and to preserve accreditors’ role in oversight as intended in the Higher Education Act. The three guidance documents addressed: ·      

The guidance from USDE will require colleges and universities to notify and get prior approval from USDE if they seek to change accreditors. Essentially, USDE must be convinced that an institution seeking to change accreditors is motivated by a desire to improve their institution's quality and quality assurance. This is an additional requirement for institutions, making the process of potentially changing accreditors very time intensive. Prior approval is an expansion of current interpretation of the rules.

All institutions seeking to change accreditors, including those in Florida, will need to notify and seek prior approval from USDE. The Department notes that it will assess "whether the institution's desire to change accreditors is voluntary." The impact here -- where Florida is requiring that institutions change accreditors every five years -- is uncertain.

USDE also provided guidance to accreditors on whether membership (i.e., accreditation) is voluntary and the Department will examine the issue of "voluntariness" when accreditors undergo a recognition review. In its guidance, USDE notes that the Florida accreditation law "undermines" the voluntary nature of accreditors' memberships. USDE-recognized accreditors may face additional scrutiny when it comes to their membership and the voluntary-membership nature of those institutions they accredit.

National Advisory Committee on Institutional Quality and Integrity Meets Virtually on July 19-22, 2022

NACIQI

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) met by video conference on July 19-22, 2022. NACIQI is the advisory board to the Secretary of Education that provides recommendations on recognition of accrediting organizations by USDE. Prior to the meeting, USDE issued staff reports on each organization being reviewed.

NACIQI followed the staff recommendations for a number of the organizations being reviewed, including

  • New York State Board of Regents, State Education Department, Office of the Professions, Public Postsecondary Vocational Education, Practical Nursing (NYBRVE)
  • Distance Education Accrediting Commission (DEAC)
  • American Occupational Therapy Association, Accreditation Council for Occupational Therapy Education (ACOTE)
  • Association for Clinical Pastoral Education, Inc., Accreditation Commission (ACPEI)
  • Association for Biblical Higher Education, Commission on Accreditation (ABHE)
  • Middle States Commission on Secondary Schools (MSA-CSS)
  • The Southern Association of Colleges and Schools Commission on Colleges (SACSCOC)

The Committee did not follow the USDE staff recommendations for the Accreditation Council for Pharmacy Education (ACPE) and the American Dental Association, Commission on Dental Accreditation (ADA-CODA), recommending that both of these accreditors be recognized for five years.

At the meeting, Under Secretary of Education James Kvaal gave brief opening remarks. In this remarks, he addressed USDE’s new guidance to institutions seeking to change accreditors (see item above) and a negotiated rulemaking related to student loan borrowers and financial assistance (see item below). The members of NACIQI also held a policy discussion, during which USDE asked for the Committee’s comments on USDE’s accreditation guidance (about which members of the Committee generally were supportive).

Two Rules Proposed by U.S. Department of Education

USDE recently released two proposed rules to the public for comment. One is the new rule concerning Title IX regulations affecting how campuses deal with sexual harassment, assault and discrimination. This proposed rule was published on July 12, 2022 with a comment period that ends on September 12.

The second proposed rule was published on July 13, 2022 with a comment period that ends on August 12. This rule affects student loan borrowers, arbitration, borrower defense to repayment, disability discharges, public service loan forgiveness, interest capitulation, closed institution discharges and institutional accountability.

There is anticipated to be another notice of proposed rulemaking that will be released this summer.

USDE will review public comments received on each of these proposed rules and likely will publish final rules prior to November 1, 2022 so these rule will take effect on July 1, 2023.

USDE has delayed the release of a notice of proposed rulemaking for several issues until April 2023 including factors of financial responsibility, ability to benefit, gainful employment and standards of administrative capability. If the process is completed, these rules will become effective on July 1, 2024

Competes Act Now Being Reviewed by U.S. Senate and House Conference

Differing versions of the Competes Act – an expansive bill that addresses U.S. technology and communications, foreign relations and national security, domestic manufacturing, trade, education and other issues – have been passed by the U.S. Senate and the House of Representatives, which are now meeting in conference to create agreed-upon combined legislation. The 3,400+ page bill contains a provision that would expand authorization to use Pell grants for short-term and job training programs. As part of this approval, institutions’ accreditors would need to receive a change of scope allowing them to review short-term programs. The bill, in its original form, would require all accreditors to receive this change of scope within one year of enactment. The Council for Higher Education Accreditation (CHEA), working with conferees, has recommended that accreditors be permitted to review these programs and receive a formal scope change at the accreditor’s next USDE recognition review. The conference is currently ongoing.

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