USDE Releases Revised Accreditation Handbook

Publication Number 99 March 2, 2022

U.S. Department of Education Releases Accreditation Handbook 

USDEOn February 23, 2022, James Kvaal, Under Secretary of the U.S. Department of Education (USDE), announced that a new Accreditation Handbook has been released. The revised Handbook provides clarity to accrediting organizations regarding current requirements under the law and regulations, as well as additional clarity on guidance on the documentation for submission of a petition from accrediting organizations seeking recognition from the U.S. Secretary of Education. Accrediting organizations recognized by the Secretary are deemed to be reliable authorities on the quality of education or training provided by the institutions or programs they accredit. The Handbook supersedes the previous version issued on December 22, 2020. The Handbook does not, however, supersede federal statute or applicable regulations. Click here to read or download a copy of the Handbook..

National Advisory Committee on Institutional Quality and Integrity Meets by Video Conference

The National Advisory Committee on Institutional Quality and Integrity (NACIQI) met by video conference on February 23-24, 2022. The meeting was open to the public. NACIQI is the advisory board to the Secretary of Education that provides recommendations on recognition of accrediting organizations. Recognition by U.S. Department of Education (USDE) affirms that the standards and processes of the accrediting organization and state approval organization are compliant with USDE’s criteria. Prior to the meeting, USDE issued staff reports on each organization being reviewed.

NACIQI followed the USDE staff recommendations for each of the organizations reviewed. These organizations were:

  • American Podiatric Medical Association, Council on Podiatric Medical Education (APMECPME)
  • North Dakota Board of Nursing (NDBN)
  • The Council on Chiropractic Education (CCE)
  • Commission on English Language Program Accreditation (CEA)

Joint Review Committee on Education in Radiologic Technology (JRCERT)

In addition to reviewing accrediting organizations, Under Secretary of Education James Kvaal provided an Administration policy update and NACIQI held a policy discussion. A transcript of the meeting, including the policy update and policy discussion, will be available in the next several weeks at the NACIQI website. 

U.S. Department of Education Holds Negotiated Rulemakings Concerning Title IV Regulations

USDEThe U.S. Department of Education has two Negotiated Rulemakings in process currently. USDE is required by law to use negotiated rulemaking to develop a Notice of Proposed Rulemaking (NPRM) for programs authorized under Title IV of the Higher Education Act of 1965, as amended.

The Department works to develop an NPRM in collaboration with representatives of the parties who will be affected significantly by the regulations. The issues to be negotiated come from three sources: newly enacted laws, the Department, and the public. At the conclusion of the negotiated rulemaking, USDE develops an NPRM. When the NPRM is published in the Federal Register, it contains a request for public comments and a deadline for submitting those comments.

The issues for the current negotiated rulemakings were identified because USDE determined that existing regulations need to be amended. While the rulemakings are not directly accreditation-related, a number of the issues discussed do have an impact on accreditation. 

The first negotiated rulemaking of this administration on Title IV funds included the following issues:

  • Total and permanent disability discharge
  • Closed school discharge 
  • Elimination of interest capitalization for non-statutory capitalization events
  • False certification discharge 
  • Creating a new income-drive repayment plan 
  • Pell grant eligibility for prison education programs
  • Improving the Public Service Loan Forgiveness (PSLF) Application Process
  • PSLF employer eligibility and full-time employment
  • Borrower defense to repayment – adjudication process
  • Borrower defense to repayment – post-adjudication
  • Borrower defense to repayment – recovery from institutions
  • Pre-dispute arbitration

The NPRM following this negotiated rulemaking is expected be published this spring.
The second negotiated rulemaking is ongoing and includes the following issues:

  • Ability to Benefit
  • Administrative Capability
  • Gainful Employment
  • Financial Responsibility
  • Changes in Ownership
  • Certification Procedure
  • The 90/10 Rule

The next negotiating session will be held March 14 – 18, 2022. 

Following these rulemaking negotiations, some advocacy organizations have called for an accreditation-related rulemaking. CHEA will keep you informed on the current rulemaking sessions and if an accreditation-related rulemaking is announced.

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