2019 Accreditation and Innovation Rulemaking
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On November 1, 2019, the U.S. Department of Education made available the final rule on accreditation and related matters, including state authorization requirements for institutions offering distance education or correspondence courses. Except for certain provisions related to the recognition of accreditors that can be implemented early, the regulations are effective on July 1, 2020. |
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According to the Department’s press release, the final regulations will:
Although the final regulations resemble much of what was proposed earlier this summer in the Department’s proposed rule, several changes are made in the final rule, most of which are simply clarifying or technical. However, noteworthy changes include:
The final accreditation rule culminates over a year of robust discussion and debate whereby the Department and many stakeholder groups, including students, accreditors, and consumer advocates, sought to balance the need for eliminating burdensome federal regulations, promoting innovation in higher education, and maintaining educational quality. These final regulations increase student access, improve teach-outs for students at closed or closing institutions, restore focus and clarity to the accreditor recognition process, and integrate risk-based review of accreditors.
- Level the playing field by ending unfounded distinctions between accreditors based on the geographic area in which they perform their work.
- Create opportunities for new accreditors that give priority to student needs and outcomes rather than academic traditions that primarily benefit faculty.
- Counter the inclination of faculty, professional societies, and licensing boards to rachet up the entry-level postsecondary credential required to work in certain occupations.
- Enable students and institutions to leverage state-of-the art facilities maintained by companies, unions, and trade associations – as well as the expertise of the subject matter experts these organizations employ – to improve educational quality and outcomes and reduce the cost of providing education to students in areas where equipment is expensive and technology evolves rapidly.
- Enable more institutions, including rural institutions, to provide low-cost or no-cost dual enrollment opportunities to students while still in high school.
- Speed up approval of new programs and curricular changes to ensure that what students learn in school keeps pace with what employers demand in the workplace.
- Empower employers to help engage more actively in program development and review.
- Inform student choice by helping students determine which programs are most likely to prepare them to meet the licensure or certification requirements in certain occupations.
- Update Department rules to ensure that students who elect to complete their credential abroad have the opportunity to complete part of their program in the U.S. or to take courses offered by other institutions in the country in which they are enrolled.
Although the final regulations resemble much of what was proposed earlier this summer in the Department’s proposed rule, several changes are made in the final rule, most of which are simply clarifying or technical. However, noteworthy changes include:
- Updating certain definitions, including State authorization reciprocity agreements, teach-out, and compliance reports (§ 600.2).
- Noting that prior approval is required for an aggregate change of 25 percent or more of the clock hours, credit hours, or content of a program since the accreditor’s most recent accreditation review (§ 602.22(b)(2)).
- Requiring disclosure of negative actions taken by an accreditor, provided that an institution need not disclose allegations, lawsuits, or legal actions taken against it unless the institution has admitted guilt or there has been a final judgment on the merits (§ 668.43(a)(20)).
- Clarifying title IV participation may be extended for 120 days only after a decision to end participation has been made, but prior to the termination of accreditation, State authorization, or the program participation agreement (§ 668.26).
The final accreditation rule culminates over a year of robust discussion and debate whereby the Department and many stakeholder groups, including students, accreditors, and consumer advocates, sought to balance the need for eliminating burdensome federal regulations, promoting innovation in higher education, and maintaining educational quality. These final regulations increase student access, improve teach-outs for students at closed or closing institutions, restore focus and clarity to the accreditor recognition process, and integrate risk-based review of accreditors.
The Department also intends to release soon proposed rules that – like the proposed accreditation rule – will be based on the consensus agreements reached earlier this year by the accreditation and innovation rulemaking committee. These proposed rules will include topics related to distance education and innovation, as well as TEACH grants and the equitable treatment of faith-based institutions. The public will have an opportunity to provide comments on the proposed rules before they are published in final form.
Please direct any regarding the accreditation regulations to Nicholas Kent, Senior Vice President of Policy and Research, at (571) 800-6524 or Nicholas.Kent@career.org.