§ 1099b. Recognition of accrediting agency or association

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Higher Education Act of 1965

   Pub. L. 89–329 title IV § 496 · 79 Stat. 1219

   Enacted · 20 U.S.C. § 1099b

   Pub. L. 89–329, title IV, § 496, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 641

   Source evidence

   Code source credit
   Pub. L. 89–329, title IV, § 496, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 641

2. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(3) · 107 Stat. 2457

   Inserted · 20 U.S.C. § 1099b(a)(2)(A)(i)

   Pub. L. 103–208, § 2(i)(3), inserted “of institutions of higher education” after “membership”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A)(i). Pub. L. 103–208, § 2(i)(3), inserted “of institutions of higher education” after “membership”.

   Enacted provision · exact public law section
   (3) 20 USC 1099b. in section 496(a)(2)(A)(i), by inserting “of institutions of higher education” after “membership”;

3. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(4) · 107 Stat. 2457

   Substituted · 20 U.S.C. § 1099b(a)(3)(A)

   Pub. L. 103–208, § 2(i)(4), substituted “subparagraph (A)(i)” for “subparagraph (A)”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 103–208, § 2(i)(4), substituted “subparagraph (A)(i)” for “subparagraph (A)”.

   Enacted provision · exact public law section
   (4) in section 496(a)(3)(A), by striking “subparagraph (A)” and inserting “subparagraph (A)(i)”;

4. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(5) · 107 Stat. 2457

   1. Substituted · 20 U.S.C. § 1099b(a)(5)

      Pub. L. 103–208, § 2(i)(5), substituted a semicolon for the period at end of subpar. (L)

   2. Inserted · 20 U.S.C. § 1099b(a)(5)

      Pub. L. 103–208, § 2(i)(5), inserted after subpar. (L) the following: “except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;”

   Source evidence

   Code amendment note
   Subsec. (a)(5). Pub. L. 103–208, § 2(i)(5), substituted a semicolon for the period at end of subpar. (L) and inserted after subpar. (L) the following: “except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;”.

   Enacted provision · exact public law section
   (5) in section 496(a)(5)— (A) by striking the period at the end of subparagraph (L) and inserting a semicolon; and (B) by inserting after subparagraph (L) the following: “except that subparagraphs (G), (H), (I), (J), and (L) shall not apply to agencies or associations described in paragraph (2)(A)(ii) of this subsection;”;

5. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(6) · 107 Stat. 2457

   Substituted · 20 U.S.C. § 1099b(c)

   Pub. L. 103–208, § 2(i)(6), substituted “as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter” for “for the purpose of this subchapter”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–208, § 2(i)(6), substituted “as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this subchapter” for “for the purpose of this subchapter”.

   Enacted provision · exact public law section
   (6) in the matter preceding paragraph (1) of section 496(c), by striking “for the purpose of this title” and inserting “as a reliable authority as to the quality of education or training offered by an institution seeking to participate in the programs authorized under this title”;

6. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(7) · 107 Stat. 2457

   1. Substituted · 20 U.S.C. § 1099b(l)(2)

      Pub. L. 103–208, § 2(i)(7), substituted “institution” for “institutution”

   2. Substituted · 20 U.S.C. § 1099b(l)(2)

      Pub. L. 103–208, § 2(i)(7), substituted “association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension” for “association leading to the suspension”

   Source evidence

   Code amendment note
   Subsec. (l)(2). Pub. L. 103–208, § 2(i)(7), substituted “institution” for “institutution” and “association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension” for “association leading to the suspension”.

   Enacted provision · exact public law section
   (7) in section 496(1)(2)— 20 USC 1099b. (A) by striking “institutution” and inserting “institution”; and (B) by striking “association leading to the suspension” and inserting “association, described in paragraph (2)(A)(i), (2)(B), or (2)(C) of subsection (a) of this section, leading to the suspension”;

7. 1993

   Higher Education Technical Amendments of 1993

   Pub. L. 103–208 § 2(i)(8) · 107 Stat. 2457

   Amended · 20 U.S.C. § 1099b(n)(1)(B)

   Pub. L. 103–208, § 2(i)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “site visits at both the accrediting agency or association and member institutions, including unannounced visits where appropriate.”

   Source evidence

   Code amendment note
   Subsec. (n)(1)(B). Pub. L. 103–208, § 2(i)(8), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “site visits at both the accrediting agency or association and member institutions, including unannounced visits where appropriate.”

   Enacted provision · exact public law section
   (8) in section 496(n)(1), by amending subparagraph (B) to read as follows: “(B) site visits, including unannounced site visits as appropriate, at accrediting agencies and associations, and, at the Secretary’s discretion, at representative member institutions.”;

8. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 492(a)(2) · 112 Stat. 1581

   Substituted · 20 U.S.C. § 1099b

   Pub. L. 105–244, § 492(a)(2), substituted “Recognition” for “Approval” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 105–244, § 492(a)(2), substituted “Recognition” for “Approval” in section catchline.

   Enacted provision · exact public law section
   (2) Section 496 heading.— The heading of section 496 is 20 USC 1099b. amended by striking “approval” and inserting “recognition”.

9. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 § 492(b)(1) · 112 Stat. 1581

   1. Substituted · 20 U.S.C. § 1099b(a)

      Pub. L. 105–244, § 492(b)(1), (2), substituted “Criteria” for “Standards” wherever appearing in introductory provisions

   2. Substituted · 20 U.S.C. § 1099b(a)

      Pub. L. 105–244, § 492(b)(1), (2), substituted “criteria” for “standards” wherever appearing in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–244, § 492(b)(1), (2), substituted “Criteria” for “Standards” in heading and “criteria” for “standards” wherever appearing in introductory provisions.

   Enacted provision · exact public law section
   (1) in the subsection heading, by striking “Standards” and inserting “Criteria”;

10. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(3) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(a)(4)

       Pub. L. 105–244, § 492(b)(3), substituted “offered by the institution” for “at the institution”

    2. Inserted · 20 U.S.C. § 1099b(a)(4)

       Pub. L. 105–244, § 492(b)(3), inserted “, including distance education courses or programs,” after “higher education”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 105–244, § 492(b)(3), substituted “offered by the institution” for “at the institution” and inserted “, including distance education courses or programs,” after “higher education”.

    Enacted provision · exact public law section
    (3) in paragraph (4)— (A) by striking “at the institution” and inserting “offered by the institution”; and (B) by inserting “, including distance education courses or programs,” after “higher education”; and

11. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(A) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(a)(5)

       Pub. L. 105–244, § 492(b)(4)(A), (H), substituted “for accreditation” for “of accreditation” in concluding provisions

    2. Substituted · 20 U.S.C. § 1099b(a)(5)

       Pub. L. 105–244, § 492(b)(4)(A), (H), substituted “(A), (H), and (J)” for “(G), (H), (I), (J), and (L)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 105–244, § 492(b)(4)(A), (H), substituted “for accreditation” for “of accreditation” in introductory provisions and “(A), (H), and (J)” for “(G), (H), (I), (J), and (L)” in concluding provisions.

    Enacted provision · exact public law section
    (A) by striking “of accreditation” and inserting “for accreditation”;

12. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(C) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1099b(a)(5)(A)(G)

       Pub. L. 105–244, § 492(b)(4)(C), (E), added subpar. (A)

    2. Redesignated · 20 U.S.C. § 1099b(a)(5)(A)(G)

       Pub. L. 105–244, § 492(b)(4)(C), (E), redesignated former subpars. (A) to (F) as (B) to (G), respectively. Former subpar. (G) redesignated (H)

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A) to (G). Pub. L. 105–244, § 492(b)(4)(C), (E), added subpar. (A) and redesignated former subpars. (A) to (F) as (B) to (G), respectively. Former subpar. (G) redesignated (H).

    Enacted provision · exact public law section
    (C) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively;

13. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(F) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(a)(5)(H)

    Pub. L. 105–244, § 492(b)(4)(F), substituted “measures of program length” for “program length and tuition and fees in relation to the subject matters taught”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(H). Pub. L. 105–244, § 492(b)(4)(F), substituted “measures of program length” for “program length and tuition and fees in relation to the subject matters taught”.

    Enacted provision · exact public law section
    (F) in subparagraph (H) (as redesignated by subparagraph (C)), by striking “program length and tuition and fees in relation to the subject matters taught” and inserting “measures of program length”;

14. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(C) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1099b(a)(5)(H)

    Pub. L. 105–244, § 492(b)(4)(C), redesignated subpar. (G) as (H)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 492(b)(4)(C), redesignated subpar. (G) as (H).

    Enacted provision · exact public law section
    (C) by redesignating subparagraphs (A) through (G) as subparagraphs (B) through (H), respectively;

15. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(B) · 112 Stat. 1581

    Struck · 20 U.S.C. § 1099b(a)(5)(H)

    Pub. L. 105–244, § 492(b)(4)(B), struck out subpar. (H) which read as follows: “measures of program length in clock hours or credit hours;”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 492(b)(4)(B), struck out subpar. (H) which read as follows: “measures of program length in clock hours or credit hours;”.

    Enacted provision · exact public law section
    (B) by striking subparagraphs (H), (I), and (J);

16. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(B) · 112 Stat. 1581

    1. Redesignated · 20 U.S.C. § 1099b(a)(5)(I)

       Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (K) as (I)

    2. Struck · 20 U.S.C. § 1099b(a)(5)(I)

       Pub. L. 105–244, § 492(b)(4)(B), (D), struck out former subpar. (I) which read as follows: “success with respect to student achievement in relation to its mission, including, as appropriate, consideration of course completion, State licensing examination, and job placement rates;”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(I). Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (K) as (I) and struck out former subpar. (I) which read as follows: “success with respect to student achievement in relation to its mission, including, as appropriate, consideration of course completion, State licensing examination, and job placement rates;”.

    Enacted provision · exact public law section
    (B) by striking subparagraphs (H), (I), and (J);

17. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(G) · 112 Stat. 1581

    1. Inserted · 20 U.S.C. § 1099b(a)(5)(J)

       Pub. L. 105–244, § 492(b)(4)(G), inserted “record of” before “compliance”

    2. Substituted · 20 U.S.C. § 1099b(a)(5)(J)

       Pub. L. 105–244, § 492(b)(4)(G), substituted “based on the most recent student loan default rate data provided by the Secretary, the” for “, including any”

    3. Inserted · 20 U.S.C. § 1099b(a)(5)(J)

       Pub. L. 105–244, § 492(b)(4)(G), inserted “any” after “reviews, and”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(J). Pub. L. 105–244, § 492(b)(4)(G), inserted “record of” before “compliance”, substituted “based on the most recent student loan default rate data provided by the Secretary, the” for “, including any”, and inserted “any” after “reviews, and”.

    Enacted provision · exact public law section
    (G) in subparagraph (J) (as redesignated by subparagraph (D))— (i) by inserting “record of” before “compliance”; (ii) by striking “Act, including any” and inserting “Act based on the most recent student loan default rate data provided by the Secretary, the”; and (iii) by inserting “any” after “reviews, and”; and (H) in the matter following subparagraph (J) (as redesignated by subparagraph (D)), by striking “(G), (H), (I), (J), and (L)” and inserting “(A), (H), and (J)”;

18. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(B) · 112 Stat. 1581

    1. Redesignated · 20 U.S.C. § 1099b(a)(5)(J)

       Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (L) as (J)

    2. Struck · 20 U.S.C. § 1099b(a)(5)(J)

       Pub. L. 105–244, § 492(b)(4)(B), (D), struck out former subpar. (J) which read as follows: “default rates in the student loan programs under this subchapter, based on the most recent data provided by the Secretary;”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–244, § 492(b)(4)(B), (D), redesignated subpar. (L) as (J) and struck out former subpar. (J) which read as follows: “default rates in the student loan programs under this subchapter, based on the most recent data provided by the Secretary;”.

    Enacted provision · exact public law section
    (B) by striking subparagraphs (H), (I), and (J);

19. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(4)(D) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1099b(a)(5)(K); 20 U.S.C. § 1099b(a)(5)(L)

    Pub. L. 105–244, § 492(b)(4)(D), redesignated subpars. (K) and (L) as (I) and (J), respectively

    Source evidence

    Code amendment note
    Subsec. (a)(5)(K), (L). Pub. L. 105–244, § 492(b)(4)(D), redesignated subpars. (K) and (L) as (I) and (J), respectively.

    Enacted provision · exact public law section
    (D) by redesignating subparagraphs (K) and (L) as subparagraphs (I) and (J), respectively;

20. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(5) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(a)(7)

    Pub. L. 105–244, § 492(b)(5), substituted “State licensing or authorizing agency” for “State postsecondary review entity”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 105–244, § 492(b)(5), substituted “State licensing or authorizing agency” for “State postsecondary review entity”.

    Enacted provision · exact public law section
    (5) in paragraph (7), by striking “State postsecondary review entity” and inserting “State licensing or authorizing agency”; and

21. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(b)(6) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(a)(8)

    Pub. L. 105–244, § 492(b)(6), substituted “State licensing or authorizing agency” for “State postsecondary review entity of the State in which the institution of higher education is located”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 105–244, § 492(b)(6), substituted “State licensing or authorizing agency” for “State postsecondary review entity of the State in which the institution of higher education is located”.

    Enacted provision · exact public law section
    (6) in paragraph (8), by striking “State postsecondary” and everything that follows through “is located” and inserting “State licensing or authorizing agency”.

22. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(c)(1) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(c)

    Pub. L. 105–244, § 492(c)(1), substituted “recognized by the Secretary” for “approved by the Secretary” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–244, § 492(c)(1), substituted “recognized by the Secretary” for “approved by the Secretary” in introductory provisions.

    Enacted provision · exact public law section
    (1) by striking “approved by the Secretary” and inserting “recognized by the Secretary”; and

23. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(c)(2) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(c)(1)

    Pub. L. 105–244, § 492(c)(2), substituted “(which may include unannounced site visits)” for “(at least one of which inspections at each institution that provides vocational education and training shall be unannounced),”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 105–244, § 492(c)(2), substituted “(which may include unannounced site visits)” for “(at least one of which inspections at each institution that provides vocational education and training shall be unannounced),”.

    Enacted provision · exact public law section
    (2) in paragraph (1), by striking “(at least” and everything that follows through “unannounced),” and inserting “(which may include unannounced site visits)”.

24. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(1) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(d)

       Pub. L. 105–244, § 492(d)(1), substituted “recognition” for “approval” in text

    2. Substituted · 20 U.S.C. § 1099b(d)

       Pub. L. 105–244, § 492(d)(1), substituted “recognized” for “approved” in text

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–244, § 492(d)(1), substituted “recognition” for “approval” in heading and “recognized” for “approved” in text.

    Enacted provision · exact public law section
    (1) in subsection (d)— (A) by striking “Approval” in the heading of such subsection and inserting “Recognition”; and (B) by striking “approved” and inserting “recognized”;

25. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(2) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(f)

    Pub. L. 105–244, § 492(d)(2), substituted “recognized” for “approved”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–244, § 492(d)(2), substituted “recognized” for “approved”.

    Enacted provision · exact public law section
    (2) in subsection (f), by striking “approved” and inserting “recognized”;

26. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(3) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(g)

       Pub. L. 105–244, § 492(d)(3), substituted “criteria” for “standards” in text

    2. Substituted · 20 U.S.C. § 1099b(g)

       Pub. L. 105–244, § 492(d)(3), substituted “establish criteria” for “establish standards” in text

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–244, § 492(d)(3), substituted “criteria” for “standards” in heading and “establish criteria” for “establish standards” in text.

    Enacted provision · exact public law section
    (3) in subsection (g)— (A) in the heading of such subsection, by striking “Standards” and inserting “Criteria”; and (B) by striking “standards” the first place such term appears and inserting “criteria”;

27. 1998

    An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 § 102(b)(5) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(j)

    Pub. L. 105–244, § 102(b)(5), substituted “section 1002” for “section 1088” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–244, § 102(b)(5), substituted “section 1002” for “section 1088” in introductory provisions.

    Enacted provision · exact public law section
    (5) in subsections (j) and (k) of section 496 (20 U.S.C. 1099b), by striking “section 481” each place the term appears and inserting “section 102”;

28. 1998

    An Act authorizing appropriations and expenditures for the administration of Indian Affairs, and for other purposes

    Pub. L. 105–244 title I § 102(b)(5) · 112 Stat. 1581

    1. Amended · 20 U.S.C. § 1099b(k)

       Pub. L. 105–244, §§ 102(b)(5), 492(d)(4)(A), amended subsec. (k) identically

    2. Substituted · 20 U.S.C. § 1099b(k)

       Pub. L. 105–244, §§ 102(b)(5), 492(d)(4)(A), substituting “section 1002” for “section 1088” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 105–244, §§ 102(b)(5), 492(d)(4)(A), amended subsec. (k) identically, substituting “section 1002” for “section 1088” in introductory provisions.

    Enacted provision · exact public law section
    (5) in subsections (j) and (k) of section 496 (20 U.S.C. 1099b), by striking “section 481” each place the term appears and inserting “section 102”;

29. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(4)(B) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(k)(2)

    Pub. L. 105–244, § 492(d)(4)(B), substituted “criteria” for “standards”

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 105–244, § 492(d)(4)(B), substituted “criteria” for “standards”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “standards” and inserting “criteria”;

30. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(5) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(l)

       Pub. L. 105–244, § 492(d)(5), substituted “recognition” for “approval” in heading

    2. Added · 20 U.S.C. § 1099b(l)

       Pub. L. 105–244, § 492(d)(5), added par. (1)

    3. Struck · 20 U.S.C. § 1099b(l)

       Pub. L. 105–244, § 492(d)(5), struck out former par. (1) which read as follows: “The Secretary shall limit, suspend, or terminate the approval of an accrediting agency or association if the Secretary determines, after notice and opportunity for a hearing, that the accrediting agency or association has failed to apply effectively the standards or operate according to the procedures provided in this section.”

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 105–244, § 492(d)(5), substituted “recognition” for “approval” in heading, added par. (1), and struck out former par. (1) which read as follows: “The Secretary shall limit, suspend, or terminate the approval of an accrediting agency or association if the Secretary determines, after notice and opportunity for a hearing, that the accrediting agency or association has failed to apply effectively the standards or operate according to the procedures provided in this section.”

    Enacted provision · exact public law section
    (5) in subsection (1), by striking everything preceding paragraph (2) and inserting the following: “(l) Limitation, Suspension, or Termination of Recognition.— (1) If the Secretary determines that an accrediting agency or association has failed to apply effectively the criteria in this section, or is otherwise not in compliance with the requirements of this section, the Secretary shall— “(A) Notice. after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association; or “(B) require the agency or association to take appropriate action to bring the agency or association into compliance with such requirements within a timeframe specified by the Secretary, except that— “(i) such timeframe shall not exceed 12 months unless the Secretary extends such period for good cause; and “(ii) if the agency or association fails to bring the Notice. agency or association into compliance within such timeframe, the Secretary shall, after notice and opportunity for a hearing, limit, suspend, or terminate the recognition of the agency or association. ” ; and

31. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(6)(A) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1099b(n)(1)

    Pub. L. 105–244, § 492(d)(6)(A), substituted “criteria” for “standards” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (n)(1). Pub. L. 105–244, § 492(d)(6)(A), substituted “criteria” for “standards” in introductory provisions.

    Enacted provision · exact public law section
    (A) by striking “standards” each place the term appears and inserting “criteria”;

32. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(6)(A) · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 1099b(n)(3)

       Pub. L. 105–244, § 492(d)(6)(A), (B), substituted “criteria” for “standards”

    2. Substituted · 20 U.S.C. § 1099b(n)(3)

       Pub. L. 105–244, § 492(d)(6)(A), (B), substituted “recognition process” for “approval process”

    3. Substituted · 20 U.S.C. § 1099b(n)(3)

       Pub. L. 105–244, § 492(d)(6)(A), (B), substituted “recognition or denial of recognition” for “approval or disapproval”

    4. Inserted · 20 U.S.C. § 1099b(n)(3)

       Pub. L. 105–244, § 492(d)(6)(A), (B), inserted at end “When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association’s scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include accreditation of institutions offering distance education courses or programs.”

    Source evidence

    Code amendment note
    Subsec. (n)(3). Pub. L. 105–244, § 492(d)(6)(A), (B), substituted “criteria” for “standards” in two places, “recognition process” for “approval process”, and “recognition or denial of recognition” for “approval or disapproval”, and inserted at end “When the Secretary decides to recognize an accrediting agency or association, the Secretary shall determine the agency or association’s scope of recognition. If the agency or association reviews institutions offering distance education courses or programs and the Secretary determines that the agency or association meets the requirements of this section, then the agency shall be recognized and the scope of recognition shall include accreditation of institutions offering distance education courses or programs.”

    Enacted provision · exact public law section
    (A) by striking “standards” each place the term appears and inserting “criteria”;

33. 1998

    Higher Education Amendments of 1998

    Pub. L. 105–244 § 492(d)(6)(C) · 112 Stat. 1581

    1. Added · 20 U.S.C. § 1099b(n)(4)

       Pub. L. 105–244, § 492(d)(6)(C), added par. (4)

    2. Struck · 20 U.S.C. § 1099b(n)(4)

       Pub. L. 105–244, § 492(d)(6)(C), struck out former par. (4) which read as follows: “The Secretary shall maintain sufficient documentation to support the conclusions reached in the approval process, and, upon disapproval of any accreditation agency or association, shall make publicly available the reason for such disapproval, including reference to the specific standards under this section which have not been fulfilled.”

    Source evidence

    Code amendment note
    Subsec. (n)(4). Pub. L. 105–244, § 492(d)(6)(C), added par. (4) and struck out former par. (4) which read as follows: “The Secretary shall maintain sufficient documentation to support the conclusions reached in the approval process, and, upon disapproval of any accreditation agency or association, shall make publicly available the reason for such disapproval, including reference to the specific standards under this section which have not been fulfilled.”

    Enacted provision · exact public law section
    (C) by striking paragraph (4) and inserting the following: “(4) The Secretary shall maintain sufficient documentation to Records. support the conclusions reached in the recognition process, and, Public information. if the Secretary does not recognize any accreditation agency or association, shall make publicly available the reason for denying recognition, including reference to the specific criteria under this section which have not been fulfilled.”.

34. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(1)(A) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1099b(a)(4)

       Pub. L. 110–315, § 495(1)(A), added par. (4)

    2. Struck · 20 U.S.C. § 1099b(a)(4)

       Pub. L. 110–315, § 495(1)(A), struck out former par. (4) which read as follows: “such agency or association consistently applies and enforces standards that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered;”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 110–315, § 495(1)(A), added par. (4) and struck out former par. (4) which read as follows: “such agency or association consistently applies and enforces standards that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered;”.

    Enacted provision · exact public law section
    (A) by striking paragraph (4) and inserting the following: “(4) (A) such agency or association consistently applies and enforces standards that respect the stated mission of the institution of higher education, including religious missions, and that ensure that the courses or programs of instruction, training, or study offered by the institution of higher education, including distance education or correspondence courses or programs, are of sufficient quality to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; and “(B) if such agency or association has or seeks to include within its scope of recognition the evaluation of the quality of institutions or programs offering distance education or correspondence education, such agency or association shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that— “(i) the agency or association’s standards effectively address the quality of an institution’s distance education or correspondence education in the areas identified in paragraph (5), except that— “(I) the agency or association shall not be required to have separate standards, procedures, or policies for the evaluation of distance education or correspondence education institutions or programs in order to meet the requirements of this subparagraph; and “(II) in Notification. the case that the agency or association is recognized by the Secretary, the agency or association shall not be required to obtain the approval of the Secretary to expand its scope of accreditation to include distance education or correspondence education, provided that the agency or association notifies the Secretary in writing of the change in scope; and “(ii) the agency or association requires an institution that offers distance education or correspondence education to have processes through which the institution establishes that the student who registers in a distance education or correspondence education course or program is the same student who participates in and completes the program and receives the academic credit;” ;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

35. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(1)(B) · 122 Stat. 3078

    Amended · 20 U.S.C. § 1099b(a)(5)(A)

    Pub. L. 110–315, § 495(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “success with respect to student achievement in relation to the institution’s mission, including, as appropriate, consideration of course completion, State licensing examinations, and job placement rates;”

    Source evidence

    Code amendment note
    Subsec. (a)(5)(A). Pub. L. 110–315, § 495(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “success with respect to student achievement in relation to the institution’s mission, including, as appropriate, consideration of course completion, State licensing examinations, and job placement rates;”.

    Enacted provision · exact public law section
    (B) in paragraph (5), by amending subparagraph (A) to read as follows: “(A) success with respect to student achievement in relation to the institution’s mission, which may include different standards for different institutions or programs, as established by the institution, including, as appropriate, consideration of State licensing examinations, consideration of course completion, and job placement rates;” ;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

36. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(1)(C) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1099b(a)(6)

       Pub. L. 110–315, § 495(1)(C), added par. (6)

    2. Struck · 20 U.S.C. § 1099b(a)(6)

       Pub. L. 110–315, § 495(1)(C), struck out former par. (6) which read as follows: “such agency or association shall apply procedures throughout the accrediting process, including evaluation and withdrawal proceedings, that comply with due process, including—

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 110–315, § 495(1)(C), added par. (6) and struck out former par. (6) which read as follows: “such agency or association shall apply procedures throughout the accrediting process, including evaluation and withdrawal proceedings, that comply with due process, including—

    “(A) adequate specification of requirements and deficiencies at the institution of higher education or program being examined; “(B) notice of an opportunity for a hearing by any such institution; “(C) the right to appeal any adverse action against any such institution; and “(D) the right to representation by counsel for any such institution;”.

    Enacted provision · exact public law section
    (C) by striking paragraph (6) and inserting the following: “(6) such Procedures. an agency or association shall establish and apply review procedures throughout the accrediting process, including evaluation and withdrawal proceedings, which comply with due process procedures that provide— “(A) for adequate written specification of— “(i) requirements, including clear standards for an institution of higher education or program to be accredited; and “(ii) identified deficiencies at the institution or program examined; “(B) for sufficient opportunity for a written response, by an institution or program, regarding any deficiencies identified by the agency or association to be considered by the agency or association— “(i) within a timeframe determined by the agency or association; and “(ii) prior to final action in the evaluation and withdrawal proceedings; “(C) upon the written request of an institution or program, for an opportunity for the institution or program to appeal any adverse action under this section, including denial, withdrawal, suspension, or termination of accreditation, taken against the institution or program, prior to such action becoming final at a hearing before an appeals panel that— “(i) shall not include current members of the agency’s or association’s underlying decisionmaking body that made the adverse decision; and “(ii) is subject to a conflict of interest policy; “(D) for the right to representation and participation by counsel for an institution or program during an appeal of the adverse action; “(E) for a process, in accordance with written procedures developed by the agency or association, through which an institution or program, before a final adverse action based solely upon a failure to meet a standard or criterion pertaining to finances, may on one occasion seek review of significant financial information that was unavailable to the institution or program prior to the determination of the adverse action, and that bears materially on the financial deficiencies identified by the agency or association; “(F) in the case that the agency or association determines that the new financial information submitted by the institution or program under subparagraph (E) meets the criteria of significance and materiality described in such subparagraph, for consideration by the agency or association of the new financial information prior to the adverse action described in such subparagraph becoming final; and “(G) that any determination by the agency or association made with respect to the new financial information described in subparagraph (E) shall not be separately appealable by the institution or program.” ;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

37. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(2)(A) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1099b(c)(1)

    Pub. L. 110–315, § 495(2)(A), inserted “, including those regarding distance education” after “their responsibilities”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 110–315, § 495(2)(A), inserted “, including those regarding distance education” after “their responsibilities”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by inserting “, including those regarding distance education” after “their responsibilities”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

38. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(2)(B) · 122 Stat. 3078

    1. Added · 20 U.S.C. § 1099b(c)(2)(8)

       Pub. L. 110–315, § 495(2)(B)–(D), added pars. (2), (3), and (7)

    2. Redesignated · 20 U.S.C. § 1099b(c)(2)(8)

       Pub. L. 110–315, § 495(2)(B)–(D), redesignated former pars. (2) to (6) as (4) to (8), respectively

    3. Struck · 20 U.S.C. § 1099b(c)(2)(8)

       Pub. L. 110–315, § 495(2)(B)–(D), struck out former par. (7) which read as follows: “maintains and makes publicly available written materials regarding standards and procedures for accreditation, appeal procedures, and the accreditation status of each institution subject to its jurisdiction; and”

    Source evidence

    Code amendment note
    Subsec. (c)(2) to (8). Pub. L. 110–315, § 495(2)(B)–(D), added pars. (2), (3), and (7), redesignated former pars. (2) to (6) as (4) to (8), respectively, and struck out former par. (7) which read as follows: “maintains and makes publicly available written materials regarding standards and procedures for accreditation, appeal procedures, and the accreditation status of each institution subject to its jurisdiction; and”.

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (2) through (6) as paragraphs (4) through (8);

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

39. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(2)(E) · 122 Stat. 3078

    Added · 20 U.S.C. § 1099b(c)(9)

    Pub. L. 110–315, § 495(2)(E), (F), added par. (9)

    Source evidence

    Code amendment note
    Subsec. (c)(9). Pub. L. 110–315, § 495(2)(E), (F), added par. (9).

    Enacted provision · exact public law section
    (E) in paragraph (8) (as redesignated by subparagraph (B)), by striking the period and inserting “; and”; and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

40. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(3) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1099b(g)

    Pub. L. 110–315, § 495(3), inserted at end “Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 110–315, § 495(3), inserted at end “Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.”

    Enacted provision · exact public law section
    (3) in subsection (g), by adding at the end the following: “Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.”;

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

41. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(4) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1099b(o)

    Pub. L. 110–315, § 495(4), inserted at end “Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).”

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 110–315, § 495(4), inserted at end “Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).”

    Enacted provision · exact public law section
    (4) in subsection (o), by adding at the end the following: “Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection (a)(5).”; and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

42. 2008

    Higher Education Opportunity Act

    Pub. L. 110–315 § 495(5) · 122 Stat. 3078

    Added · 20 U.S.C. § 1099b(p); 20 U.S.C. § 1099b(q)

    Pub. L. 110–315, § 495(5), added subsecs. (p) and (q)

    Source evidence

    Code amendment note
    Subsecs. (p), (q). Pub. L. 110–315, § 495(5), added subsecs. (p) and (q).

    Enacted provision · exact public law section
    (5) by adding at the end the following new subsection: “(p) Rule of Construction.— Nothing in subsection (a)(5) shall be construed to restrict the ability of— “(1) an accrediting agency or association to set, with the involvement of its members, and to apply, accreditation standards for or to institutions or programs that seek review by the agency or association; or “(2) an institution to develop and use institutional standards to show its success with respect to student achievement, which achievement may be considered as part of any accreditation review. “(q) Review of Scope Changes.— The Secretary shall require a review, at the next available meeting of the National Advisory Committee on Institutional Quality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 50 percent or more within any one institutional fiscal year.” .

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

43. 2009

    Pub. L. 111–39 title IV § 408(1) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 1099b(a)(6)(G)

    Pub. L. 111–39 substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (a)(6)(G). Pub. L. 111–39 substituted semicolon for period at end.

    Enacted provision · exact public law section
    (1) in section 496(a)(6)(G) (20 U.S.C. 1099b(a)(6)(G)), by striking the period at the end and inserting a semicolon; and

    Effective date note
    Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title.

65 of 66 references resolved to an enrolled provision · 1 partial