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Proposed Rules

This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rulemaking prior to the adoption of the final rules.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Office of Education

[45 CFR Part 149]

CRITERIA FOR STATE PUBLIC POSTSECONDARY VOCATIONAL EDUCATIONAL AGENCIES

Notice of Proposed Rule Making Notice is hereby given to State public postsecondary vocational education agencies, and other interested parties that the Commissioner of Education pursuant to the authority of 20 U.S.C. 10871(b) proposes to issue the criteria set forth below as Subpart B of Part 149 of Title 45 of the Code of Federal Regulations governing the recognition of State accrediting agencies determined to be reliable authorities as to the quality of public postsecondary vocational education in their respective States. The criteria require State agencies to meet certain standards which are designed to provide assurance that the State agencies are functional, responsible and reliable authorities, and are promulgated in accordance with the requirements of section 438(b) of the Higher Education Act of 1965, as amended.

Interested parties are invited to submit written comments, suggestions, or objections regarding the proposed criteria to the Accreditation and Institutional Eligibility Staff, Bureau of Higher Education, U.S. Office of Education, Washington, D.C. 20202, on or before December 31, 1973. Comments received will be available in the Office of the Accreditation and Institutional Eligibility Staff, Office of Education, Room 4068, Regional Office Building No. 3 at 7th and D Streets SW., Washington, D.C. between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. Dated: October 29, 1973.

JOHN OTTINA
U.S. Commissioner of Education.
Approved: November 26, 1973

CASPER W. WEINBERGER,
Secretary of Health,
Education, and Welfare.
PART 149 COMMISSIONER'S RECOGNI-
TION PROCEDURES FOR NATIONAL
ACCREDITING BODIES AND STATE
AGENCIES

Subpart B-Criteria for State Agencies

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Sec. 149.23 149.24

Initial recognition; reevaluation.
Criteria.

AUTHORITY: Sec. 438 (b) of the Higher Education Act of 1965, Pub. L. 89-329 as amended by Pub. L. 92-318, 86 Stat. 235, 264 (20 U.S.C. 1087-1(b)).

Subpart B-Criteria for State Agencies § 149.20 Scope.

(a) Pursuant to section 438 (b) of the Act Higher Education of 1965 as amended by Public Law 92-318, the United States Commissioner of Education is required to publish a list of State agencies which he determines to be reliable authorities as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for Federal student assistance programs administered by the Office of Education.

(b) Approval by a State agency included on the list will provide an additional means of satisfying statutory standards as to the quality of public postsecondary vocational education to be undertaken by students receiving assistance under such programs. (20 U.S.C. 1087-1(b))

§ 149.21 Publication of list.

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(i) Employs qualified personnel and operations in a timely and effective uses sound procedures to carry out its

manner;

Periodically the U.S. Commissioner of Education will publish a list in the FEDERAL REGISTER of the State agencies which he determines to be reliable authorities as to the quality of public post-propriations, to carry out its operations; secondary vocational education in their respective States.

(20 U.S.C. 1087-1(b)) § 149.22

Inclusion on list.

Any State agency which desires to be listed by the Commissioner as meeting the criteria set forth in § 149.24 should apply in writing to the Director, Accreditation and Institutional Eligibility Staff, Bureau of Higher Education, Office of Education, Washington, D.C. 20202.

§ 149.23

Initial recognition; reevalua

tion.
For initial recognition and for renewal
of recognition, the State agency will fur-
nish information establishing its compli-
ance with the criteria set forth in
§ 149.24. This information may be sup-
plemented by personal interviews or
by review of the agency's facilities, rec-
ords, personnel qualifications, and ad-
ministrative management. Each agency
listed will be reevaluated by the Com-
missioner at his discretion, but at least
once every four years. No adverse de-

(ii) Receives adequate and timely financial support, as shown by its ap

(iii) Selects competent and knowledgeable persons qualified by experience and training, and selects such persons in accordance with nondiscriminatory practices, (i) to participate on visiting teams, (ii) to engage in consultative services for the evaluation and approval process, and (iii) to serve on decision-making bodies.

(3) Its procedures. The State agency: (i) Maintains clear definitions of approval status and has developed written voking, denying, and reinstating approcedures for granting, reaffirming, reproval status;

(ii) Requires, as an integral part of the approval and reapproval process, institutional or program self-analysis and onsite reviews by visiting teams, and provides written and consultative guidance to institutions or programs and visiting teams.

(a) Self-analysis shall be a qualitative assessment of the strengths and limitations of the instructional program, including the achievement of institutional or program objectives, and should involve a representative portion of the institution's administrative staff, teaching

FEDERAL REGISTER, VOL. 38, NO. 230-FRIDAY, NOVEMBER 30, 1973

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(E) STATEMENT ON TIME LAG FOR INVESTIGATIONS:

Generally all agencies respond within three to six weeks after they are requested to conduct an investigation. However, on some occasions several months pass before the agency's response is received.

41-997 O-75-13

July 15, 1974

ACCREDITATION AND INSTITUTIONAL ELIGIBILITY STAFF

U.S. OFFICE OF EDUCATION

REVIEW OF COMPLAINTS IN THE PROPRIETARY FIELD IN WHICH AIES
REQUESTED A REVIEW AND "REPORT OF FINDING" FROM ACCREDITING
AGENCIES RECOGNIZED BY THE U.S. COMMISSIONER OF EDUCATION

(A) NUMBER OF COMPLAINTS, 1969-1974:

Association of Independent Colleges and Schools (AICS)........245

Percent

46%

National Association of Trade and Technical Schools (NATTS)...156

28%

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Generally all agencies respond within three to six weeks after they are

requested to conduct an investigation. However, on some occasions several months pass before the agency's response is received.

41-997 O 75 - 13

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

CHARTER

Accreditation and Institutional Eligibility Advisory Committee

PURPOSE

The Commissioner of Education is required by the Veterans' Readjustment Assistance Act of 1952 (P.L. 82-550) and subsequent legislation to publish a list of nationally recognized accrediting agencies or associations and to determine institutional eligibility for participation of educational institutions in Federal assistance programs based on accreditation by any such agency of an equivalent approval by a

committee appointed by the Commissioner. Discharge of these responsibilities necessitates the advice and counsel of persons knowledgeable in the field of institutional eligibility and accreditation.

AUTHORITY

Public Law 82-550 and subsequent legislation, and Section 9(a)(2) of the Federal Advisory Committee Act (P.L. 92-463). This committee is established in accordance with the provisions of the Federal Advisory Committee Act. (P.L. 92-453) and with Part D of the General Education Provisions Act (P.L. 91-230) which set forth standards for the formation and use of advisory committees.

FUNCTIONS

The Committee shall be advisory to the Secretary of Health, Education, and Welfare and the Commissioner of Education and shall perform specific functions as follows:

1.

2.

Review all current and future policies relating to the responsibility of the Commissioner for the recognition and designation of accrediting agencies and associations wishing to be designated as nationally recognized accrediting agencies and associations, and recommend desirable changes in criteria and procedures;

Review all current and future policies relating to the responsibility of the Commissioner for the recognition and listing of State agencies wishing to be designated as reliable authority as to the quality of public postsecondary vocational education, and of nurse education, and recommend desirable changes in criteria and procedures;

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