[Code of Federal Regulations]
[Title 34, Volume 3]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR602.32]

[Page 224-225]
 
                           TITLE 34--EDUCATION
 
 CHAPTER VI--OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION
 
PART 602_THE SECRETARY'S RECOGNITION OF ACCREDITING
AGENCIES--Table of Contents
 
                    Subpart C_The Recognition Process
 
Sec. 602.32  What is the role of the Advisory Committee and the senior
Department official in the review of an agency's application?

    (a) The Advisory Committee considers an agency's application for
recognition at a public meeting and invites Department staff, the
agency, and other interested parties to make oral presentations at the
meeting. A transcript is made of each Advisory Committee meeting.
    (b) When it concludes its review, the Advisory Committee recommends
that the Secretary either approve or deny recognition or that the
Secretary defer a decision on the agency's application for recognition.
    (1)(i) The Advisory Committee recommends approval of recognition if
the agency complies with the criteria for recognition listed in subpart
B of this part and if the agency is effective in its performance with
respect to those criteria.
    (ii) If the Advisory Committee recommends approval, the Advisory
Committee also recommends a recognition period and a scope of
recognition.
    (iii) If the recommended scope or period of recognition is less than
that requested by the agency, the Advisory Committee explains its
reasons for recommending the lesser scope or recognition period.
    (2)(i) If the agency fails to comply with the criteria for
recognition in subpart B of this part, or if the agency is not effective
in its performance with respect to those criteria, the Advisory
Committee recommends denial of recognition, unless the Advisory
Committee concludes that a deferral under paragraph (b)(3) of this
section is warranted.
    (ii) If the Advisory Committee recommends denial, the Advisory
Committee specifies the reasons for its recommendation, including all
criteria the agency fails to meet and all areas in which the agency
fails to perform effectively.
    (3)(i) The Advisory Committee may recommend deferral of a decision
on recognition if it concludes that the agency's deficiencies do not
warrant immediate loss of recognition and if it concludes that the
agency will demonstrate or achieve compliance with the criteria for
recognition and effective performance with respect to those criteria
before the expiration of the deferral period.
    (ii) In its deferral recommendation, the Advisory Committee states
the bases for its conclusions, specifies any criteria for recognition
the agency fails to meet, and identifies any areas in which the agency
fails to perform effectively with respect to the criteria.
    (iii) The Advisory Committee also recommends a deferral period,
which may not exceed 12 months, either as a single deferral period or in
combination with any expiring deferral period in which similar
deficiencies in compliance or performance were cited by the Secretary.
    (c) At the conclusion of its meeting, the Advisory Committee
forwards its

[[Page 225]]

recommendations to the Secretary through the senior Department official.
    (d) For any Advisory Committee recommendation not appealed under
Sec. 602.33, the senior Department official includes with the Advisory
Committee materials forwarded to the Secretary a memorandum containing
the senior Department official's recommendations regarding the actions
proposed by the Advisory Committee.

(Authority: 20 U.S.C. 1099b and 1145)