Accreditation Regulations and Changes in Education

Accreditation webinar #2 Department of Education January 23, 2020

2 Accreditation Regulations Today s Topics Substantive Changes and Additional Locations Compliance Timeframes Alternate Standards Student Outcomes

3 Other Accreditation Webinars January 30, 2020: January 22, 2020: Teach-outs School Closures Additional Locations State Authorization for Distance Education Accreditation rulemaking New recognition process Standards Recognition criteria Implementation timeframes

4 Accreditation Abbreviations Code of Federal Regulations (CFR) Department of Education (ED) Higher Education Act (HEA) Institution of Higher Education (IHE) Program Participation Agreement (PPA) Title IV of the HEA (Title IV or TIV)

5 Negotiated Rulemaking Information: Website: www2.ed.gov Search: rulemaking Subject: 2018-2019 Rulemaking Contains: rulemaking public hearing and session documents, negotiator list, links to Federal Register Notices, etc.

6 Negotiated Rulemaking Information: Website: www.regulations.gov Contains: public comments Docket ID: ED-2018-OPE-0076 Website: www.federalregister.gov Contains: Federal Register Notices and related documents (official) with search and filter options

7 Substantive Changes and Additional Locations

8 Accreditation Regulations Substantive Change GOALS: provide greater flexibility to institutions to innovate and respond to students and employers maintain strict agency oversight of complex or higher risk changes

9 Accreditation Regulations Substantive Change Section 602.22 (a) For an agency that accredits institutions, the agency must have adequate substantive change policies that ensure that institutional changes made post-accreditation (or post- preaccreditation) do not adversely affect its capacity to meet agency standards. The agency meets this requirement if it requires the institution to obtain the its approval of the substantive change before it includes the change in the scope of accreditation or preaccreditation it previously granted to the institution. The agency must also define substantive change to cover high-impact, high-risk changes.

10 Accreditation Regulations Substantive Change Section 602.22 (a) High-impact, high-risk changes include at least the following: (A) A substantial change in the established mission or objectives of the institution or its programs (B) Any change in the legal status, form of control, or ownership of the institution (C) Adding programs that represent a significant departure from the existing offerings or educational programs, or method of delivery, from those offered at the agency s last evaluation (D) Adding graduate programs if an institution previously offered only undergraduate programs (E) Changing the way an institution measures student progress (cont.)

11 Accreditation Regulations Substantive Change Section 602.22 (a) cont. High-impact, high-risk changes also include at least the following: (F) Substantially increasing the clock hours, credit hours, or the credential level for one or more programs (G) Acquiring any other institution or a program or location of another institution (H) Adding of a permanent location at a teach-out site (I) Adding a new location or branch campus [note exception in 602.22 (c)]

12 Accreditation Regulations Substantive Change Section 602.22 (a) - cont. The agency s review must include assessment of the institution s fiscal and administrative capability to operate the location or branch campus, regular evaluation of locations, and verification that the institution: clearly identifies academic control has adequate faculty, facilities, resources has systems for academic and student support is financially stable engages in long-range planning for expansion

13 Accreditation Regulations Substantive Change Section 602.22 (a) - cont. (J) Entering into a written arrangement (see 34 CFR 668.5) where an institution or organization not certified to participate in the title IV, HEA programs offers more than 25% and up to 50% of one or more of the accredited institution s educational programs (K) Addition of each direct assessment program

14 Accreditation Regulations Substantive Change Section 602.22 (a) - cont. For substantive changes under designated areas, the agency s decision-making body may designate agency senior staff to approve or disapprove the request in a timely, fair, and equitable manner* For a request related to written arrangements [see 602.22 (a)(1)(ii)(J)], the agency must decide within 90 days of receipt of a materially complete request** *[see 602.22 (a)(1)(ii)(C), (E), (F), (H), and (J) for specific changes **Exception: an agency or its staff determine significant circumstances on the substantive change require agency s decision-making body review to occur within 180 days

15 Accreditation Regulations Substantive Change Section 602.22 (b) Institutions on probation (or its equivalent), those subject to negative agency action over the prior 3 academic years, or those with provisional certification (as per 34 CFR 668.13) obtainpriorapproval from their accrediting agency for the following changes All other institutions - report the following changes to their accrediting agency within 30 days

16 Accreditation Regulations Substantive Change Section 602.22 (b) changes for approval or reporting (1) A change in an existing program s method of delivery (2) An aggregate change of 25% or more of the clock hours, credit hours, or content of a program since the accrediting agency s most recent review (3) The development of customized pathways or abbreviated or modified courses or programs to Accommodate and recognize a student s existing knowledge Close competency gaps between demonstrated prior knowledge or competency and course or program requirements (4) Entering into a written arrangement under 34 CFR 668.5 where an ineligible institution or organization offers up to 25% of 1 or more of the accredited institution s educational programs

17 Accreditation Regulations Substantive Change Section 602.22 (c) Not required to apply for agency approval of subsequent locations if the institution: has successfully completed at least 1 accreditation cycle has agency approval for the addition of at least 2 additional locations has not been placed on probation (or equivalent) or been subject to a negative action by the agency in the prior 3 academic years is not under a provisional certification (see 34 CFR 668.13)

18 Accreditation Regulations Substantive Change Section 602.22 (c) - cont. When an institution is not required to apply for agency approval of subsequent additional locations, it must report these changes to the agency within 30 days The institution must meet agency criteria by indicating capacity to add locations without individual prior approvals, including, at a minimum, evidence of a system to ensure quality including (1) Clearly identified academic control (2) Regular evaluation of the locations (3) Adequate faculty, facilities, resources, and academic and student support systems (4) Financial stability (5) Long-range planning for expansion

19 Accreditation Regulations Substantive Change Section 602.22 (d) The agency must have an effective mechanism for conducting visits* to a representative sample of additional locations approved as outlined in this section. * Visits must occur at reasonable intervals

20 Accreditation Regulations Substantive Change Section 602.22 (e) An agency may determine how it grants prior approval of the substantive change. An agency must specify an effective date when the change is included in the program s or institution s accreditation (or preaccreditation). The date of prior approval cannot pre-date an earlier denial of the substantive change or the agency s formal acceptance of the application for the substantive change for inclusion in granting accreditation (or preaccreditation) of a program or institution. An agency may designate the change in ownership date as the effective date of its approval if it makes the decision within 30 days of the ownership change. An agency may require a visit before granting such an approval [note limited exceptions in 602.22 (d) and (f)]

21 Accreditation Regulations Substantive Change Section 602.22 (f) If the agency s accreditation enables an institution to seek eligibility to participate in title IV, HEA programs, the approval procedures for an additional location where at least 50% of an educational program is offered must include several items *Does not apply to branch campuses **Exception in paragraph (c) of this section

22 Accreditation Regulations Substantive Change Section 602.22 (f) additional location requirements - cont. (1) A visit, within 6 months, to each additional location the institution establishes, if it has 3 or fewer additional locations has not shown that the location meets the agency s additional locations standards or- has been placed on warning, probation, or show cause by the agency or is subject to a limitation on its accreditation (or preaccreditation) status (2) A mechanism for conducting, at reasonable intervals, visits to a representative sample of additional locations of institutions that operate more than 3 (3) A mechanism for ensuring that institutions that experience rapid growth in the number of additional locations maintain educational quality Note: the agency may conduct additional visits

23 Accreditation Regulations Substantive Change Section 602.22 (g h) Visits verify that the location has appropriate personnel, facilities, and resources The agency s substantive change policy must define when the changes made or proposed by an institution are or would require the agency to conduct a new comprehensive evaluation of that institution

24 Compliance

25 Accreditation Regulations Compliance Concept: substantial compliance When an agency has not had an opportunity to apply a standard or policy, ED cannot find that the agency is not in compliance

26 Timeframes

27 Accreditation - Timeframes HEA master calendar requirement: Nov. 1 July 1 Regulations in the Accreditation package are effective July 1, 2020. Early implementation beginning on November 1, 2019, at the discretion of each institution or agency, as appropriate: Section 600.2 Section 600.9 Section 668.43 Section 668.50

28 Accreditation - Timeframes Regulations in the Accreditation package effective July 1, 2020: Section 600.2 Section 600.9 Section 668.43 Section 668.50 Delayed implementation of selected recognition process provisions ED will delay the 180-day agency response period in regulation at 602.32(g)(3) for implementation until January 1, 2021 ED will delay staff observation activities in regulation at 602.32(d)(1)(i-iii) until July 1, 2021

29 Alternate Standards

30 Accreditation Regulations Alternate Standards Statute: HEA section 496(a)(4)(A) requires that an agency s standards ensure that the institution s courses or programs are of sufficient quality to meet their stated objectives and for the entire accreditation period Regulations: 602.21 clarifies that when agencies review standards, they must maintain a comprehensive systematic program that involves all relevant constituencies and responds to their input

31 Student Outcomes

32 Accreditation Regulations Student Outcomes GOAL: ensure that accrediting agencies emphasize student learning and student outcomes as part of their oversight on educational quality

33 Accreditation Regulations Student Outcomes GOAL: bring institutions and programs into compliance while under oversight to protects students and increase the likelihood of positive student outcomes

34 Questions? Recognition of Accrediting Agencies: Herman Bounds: Elizabeth Daggett: herman.bounds@ed.gov or (202) 453-7615 elizabeth.daggett@ed.gov or (202) 453-6190 State Authorization: Scott Filter: Sophia McArdle: scott.filter@ed.gov or (202) 453-7249 sophia.mcardle@ed.gov or (202) 453-6318 Other Provisions: Barbara Hoblitzell: barbara.hoblitzell@ed.gov or (202) 453-7583 Annmarie Weisman: annmarie.weisman@ed.gov or (202) 453-6712 *TDD/TTY: (800) 877-8339