Higher Education Accreditation Accountability Act

This Act may be cited as the “Higher Education Accreditation Accountability Act”.

Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1) by inserting “(referred to in this section as “recognition”)” after “Federal purposes”;

(B) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and

(C) by inserting after paragraph (1) the following:

“(2) the accrediting agency or association shall demonstrate, prior to submitting an application for recognition, that the agency or association—

(A) has effectively accredited at least one institution of higher education or program of an institution for not less than 2 consecutive years immediately preceding the application;

(B) is legally established to operate in the relevant jurisdiction where it is seeking recognition; and

(C) has established standards and operating procedures the agency or association is capable of enforcing and that are consistent with the Department’s criteria for recognition;”;

(2) by striking subsection (d) and inserting the following:

“(d) Recognition procedures; length of recognition; limitation.—

(1) Recognition procedures.— The Secretary shall ensure that an application for recognition under this section shall not be considered by the National Advisory Committee on Institutional Quality and Integrity until the Secretary has determined that the accrediting agency or association meets all criteria for recognition.

(2) Length of recognition.—

(A) Initial recognition.—

(i) Duration.— The Secretary shall not grant an initial recognition for the first time for an agency or association for a period of more than 3 years.

(ii) Documentation.— During such initial recognition period, an agency or association shall provide to the Secretary all documentation pertaining to the accreditation of any new program or institution.

(B) Subsequent recognition.— Following an initial recognition under subparagraph (A), an accrediting agency or association may be recognized by the Secretary for the purpose of this Act for a period of not more than 5 years.”;

(3) by striking subsection (h) and inserting the following:

“(h) Approval for changing a primary accrediting agency or association.—

(1) In General.— The Secretary shall not recognize the accreditation of any otherwise eligible institution of higher education if the institution of higher education changes the institution’s primary accrediting agency or association without an approved application to do so in accordance with this subsection.

(2) Primary accrediting agency or association.— For purposes of this subsection and subsection (i), the term primary accrediting agency or association means the accrediting agency or association that the institution has designated as the agency or association providing the accreditation to be utilized in determining the institution’s eligibility for programs under this Act.

(3) Application.— Before an institution of higher education changes the institution's primary accrediting agency or association, an institution of higher education shall submit an application to the Secretary containing each of the following:

(A) A notification in writing of the institution’s intent to change the institution’s primary accrediting agency or association, which shall include—

(i) the name of the institution’s primary accrediting agency or association as of the date of the application, and, if applicable, the name of the institution’s proposed new primary accrediting agency or association;

(ii) the date that the institution’s current accreditation (held as of the date of the application) from the primary accrediting agency or association is set to expire;

(iii) the reason or reasons that the institution is seeking to change the institution's primary accrediting agency or association;

(iv) an explanation of how the proposed new primary accrediting agency or association will maintain or strengthen institutional quality and protect students; and

(v) an explanation of—

(I) how the standards of the proposed new primary accrediting agency or association are aligned with the institution’s mission; and

(II) how such mission alignment compares to the institution's mission alignment with the standards of the institution’s current primary accrediting agency or association (held as of the date of the application).

(B) Supporting materials demonstrating reasonable cause for the change, including each of the following:

(i) Documentation supporting the institution’s claim that the institution has reasonable cause to change the institution’s primary accrediting agency or association.

(ii) Materials demonstrating reasonable cause to change the institution’s primary accrediting agency or association.

(iii) The most recent accreditation determination letter from the institution’s current primary accrediting agency or association (held as of the date of the application).

(iv) Reports from visiting teams or other feedback from that accrediting agency or association, whether final or preliminary, from the prior 3 years.

(v) Information regarding pending student complaints and investigations regarding the institution by State or local licensing and law enforcement agencies.

(vi) Documentation from the institution's primary accrediting agency or association confirming whether, since the date of the agency or association's most recent accreditation determination letter to the institution, the agency or association has opened any inquiries, had substantive dialogue regarding the institution's compliance with agency standards, or taken any actions.

(4) Public input, review, determination, and approval.—

(A) Public input.— Upon receipt of an application under paragraph (3), the Secretary shall—

(i) publish a public notice in the Federal Register regarding the institution’s request to change its primary accrediting agency or association; and

(ii) provide a period of not less than 30 days for the submission of public comments regarding that request.

(B) Review.— The Secretary shall undertake a review of the application of an institution to change the institution’s primary accreditation agency or association and shall not automatically approve any such application. The Secretary shall evaluate whether the application reflects—

(i) an attempt by the institution to avoid sanctions or discipline from the institution’s current primary accrediting agency or association;

(ii) an attempt by the institution to lessen oversight or rigor from the institution’s current primary accrediting agency or association;

(iii) an attempt by the institution to avoid scrutiny by State or local licensing and law enforcement agencies regarding the ethical treatment of students;

(iv) whether the institution is seeking to change its primary accrediting agency or association because the institution's proposed new primary agency or association has standards more closely aligned with the institution’s mission than the current primary accrediting agency or association; or

(v) whether the application involves an accrediting agency or association that has been subject to Department action.

(C) Determination.— The Secretary shall determine that an institution does not have reasonable cause to change the institution's primary accrediting agency or association, and shall deny such an application, if the institution—

(i) has had its accreditation withdrawn, revoked, or otherwise terminated (and such withdrawal, revocation, or termination has not been rescinded by that same agency or association) during the preceding 24-month period; or

(ii) has been subject to a probation or its equivalent, a show cause order, or a suspension order during the preceding 24-month period.

(D) Approval.— The Secretary shall—

(i) determine whether the institution has reasonable cause to change the institution’s primary accreditation agency or association by considering the factors described in subparagraph (B); and

(ii)

(I) notify the institution in writing of the Secretary’s decision to approve or deny the institution’s application to change its primary accrediting agency or association under this subsection not later than 90 days after the end of the period for public comment under subparagraph (A)(ii); or

(II) if needed to undertake a meaningful review—

(aa) notify the institution in writing that the review period has been extended; and

(bb) approve or deny the institution’s application not later than another 90 days after the deadline described in clause (i).”.

This Act, and the amendments made by this Act, shall apply—

(1) to an accrediting agency or association that seeks recognition under section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) through a determination by the Secretary of Education that the agency or association is a reliable authority as to the quality of education or training offered for the purposes of that Act or for other Federal purposes, or that seeks a renewal of such recognition, after the date of enactment of this Act; and

(2) to an institution of higher education that seeks to change its primary accrediting agency or association after the date of enactment of this Act.