8 CRR-NY 4-1.3NY-CRR
8 CRR-NY 4-1.3
8 CRR-NY 4-1.3
4-1.3 General requirements and provisions.
(a) General requirements.
To meet the requirements for institutional accreditation and the renewal of existing institutional accreditation, the institution shall meet the requirements in each of the following paragraphs:
(1) State standards. The institution shall be in compliance with State standards prescribed in this Title, including but not limited to section 3.47, and Parts 50, 52, 53 and 54 of this Title. The institution shall be authorized to confer at least one degree and have at least one program that is registered pursuant to Part 52 of this Title.
(2) Standards for accreditation. The institution shall meet the standards of quality for institutional accreditation as prescribed in section 4-1.4 of this Subpart.
(3) Other requirements for accreditation. The institution shall meet all other requirements of this Subpart, including but not limited to the requirements of this section and the procedural requirements set forth in section 4-1.5 of this Subpart.
(b) Duration of accreditation.
Accreditation shall be for a term of 10 years unless otherwise limited to a lesser period for good cause as determined by the commissioner and the Board of Regents, based upon a review conducted pursuant to this Subpart. One or more administrative extensions of the term of accreditation may be granted for a period not to exceed 12 months on each occasion for good cause as determined by the commissioner, for reasons including but not limited to, an inability to conduct site visits because of unforeseen events and/or the scheduling of a meeting of the Regents Advisory Council on Institutional Accreditation and/or the Board of Regents, provided however that an administrative extension granted by the commissioner pursuant to this subdivision shall not extend the corrective action period granted to an institution pursuant to subparagraph (d)(1)(ii) of this section.
(c) Scope of accreditation.
The institution's accreditation shall include the principal center, branch campuses and additional locations that exist at the time accreditation is granted, unless otherwise limited. Such accreditation shall not include substantive changes, as defined in section 4-1.5(d) of this Subpart, made after accreditation is granted. Accreditation action is required to include each such substantive change, as prescribed in section 4-1.5(d) of this Subpart.
(d) Enforcement of standards.
(1) If the review of an institution under the standards prescribed in this section and section 4-1.4 of this Subpart; including such review which may be initiated by one or more complaints against the institution, or a financial or compliance audit or program review conducted by the U.S. Secretary of Education relating to the institution's HEA title IV program responsibilities, or an adverse action or a placement on probation by another nationally recognized accrediting agency, among other reasons; indicates that the institution is not in compliance with any such standard, the commissioner and the Board of Regents shall either:
(i) immediately initiate adverse action against the institution; or
(ii) require the institution to take appropriate corrective action to bring itself into compliance with such standards within a time period that shall not exceed:
(a) 12 months, if the longest program offered by the institution is less than one year in length;
(b) 18 months, if the longest program offered by the institution is at least one year, but less than two years in length; or
(c) two years, if the longest program offered by the institution is at least two years in length.
(2) The corrective action period may be extended for a maximum period of 12 months at the discretion of the commissioner and the Board of Regents upon good cause shown, including but not limited to, an adequate showing by the institution that it has a reasonable explanation for not meeting the standard during the corrective action period and that it has a plan acceptable to the department to meet the standard within a reasonable time period.
(3) An institution that is required to take corrective action pursuant to subparagraph (1)(ii) of this subdivision shall receive probationary accreditation for such period of corrective action.
(4) An institution that is applying for accreditation with the commissioner and the Board of Regents for the first time shall not be eligible to receive probationary accreditation.
(e) Use of information.
(1) Information obtained by the department pursuant to an institutional accreditation review may be used by the department for State actions, including but not limited to program registration actions as prescribed in Part 52 of this Title.
(2) Information obtained by the department in relation to such State actions may be used by the department for purposes of institutional accreditation.
(3) Information provided to the department by the secretary concerning the institution's compliance with its HEA title IV program responsibilities, including but not limited to annual student default rate data, financial or compliance audits conducted annually by the secretary, and program reviews conducted periodically by the secretary, shall be a consideration in a review for accreditation or renewal of accreditation, or in an enforcement review.
(f) Reporting requirements.
(1) An institution shall notify and obtain the commissioner and the Board of Regents’ approval of any substantive change, as defined in section 4-1.5(d) of this Subpart before the department will include the substantive change in the scope of accreditation it previously granted to the institution.
(2) The institution shall submit data reports on a timetable and in a form prescribed by the department.
(3) The institution shall notify the department of any denial, withdrawal, suspension, revocation or termination of accreditation or pre-accreditation by another nationally recognized accrediting agency against the institution or any of its programs within 72 hours after receiving official notification of that action by providing to the department a copy of the action.
(g) Adverse action by a State agency or a nationally recognized accrediting agency.
Except as otherwise provided in subdivision (h) of this section, the commissioner and the Board of Regents shall not grant initial or a renewal of accreditation to an institution, or a program offered by an institution, if the commissioner and the Board of Regents knows, or has reasonable cause to know, that the institution is the subject of:
(1) a pending or final action against the institution or a program at such institution by a State agency to suspend, revoke, withdraw, or terminate the institution’s legal authority to provide postsecondary education in the State;
(2) a decision by a nationally recognized accrediting agency to deny accreditation or preaccreditation;
(3) a pending or final action brought by a nationally recognized accrediting agency to suspend, revoke, withdraw, or terminate the institution’s accreditation or preaccreditation; or
(4) probation or an equivalent status imposed by a recognized agency.
(h) If the commissioner and the Board of Regents learn that an accredited institution, or an institution that offers a program it accredits, is the subject of an adverse action by another recognized accrediting agency or has been placed on probation or an equivalent status by another recognized agency, the commissioner and the Board of Regents shall promptly review its accreditation through the compliance review procedure in section 4-1.5 of this Subpart to determine if it should also take adverse action or place the institution on probation. The commissioner and the Board of Regents shall only grant accreditation or a renewal of accreditation to an institution described in subdivision (g) of this section if the institution satisfactorily meets the standards of the compliance review procedure described in section 4-1.5 of this Subpart. If the commissioner and the Board of Regents grant accreditation or a renewal of accreditation after a compliance review, the commissioner and the Board of Regents shall provide to the U.S. Secretary of Education, within 30 days of its action, a thorough and reasonable explanation, consistent with its standards, why the action of the other body does not preclude the grant of accreditation or renewal of accreditation.
(i) Fees.
(1) Applications for initial accreditation pursuant to section 4-1.5 of this Subpart shall include a non-refundable payment of $3,000 to the department for expenses related to the review of the self-study submitted pursuant to section 4-1.5(a)(3) of this Subpart.
(2) Institutions seeking initial accreditation pursuant to this Subpart. for which the department has determined that the self-study is sufficient in depth and breadth to form a reasonable basis for a site review to be conducted pursuant to section 4-1.5(a)(4) of this Subpart shall remit to the department a fee of $10,000 for expenses related to the site visit and subsequent procedures related to initial accreditation pursuant to this Subpart.
(3) Institutions accredited by the commissioner and the Board of Regents pursuant to this Subpart shall remit a non-refundable annual fee of $35,000 in a timeframe and manner prescribed by the department for expenses related to accreditation. Failure to remit the annual fee in accordance with the schedule set by the department shall result in an adverse accreditation action against the institution.
(4) The filing of an appeal of a determination of an adverse accreditation action pursuant to section 4-1.5(a)(11) of this Subpart shall include a payment of $10,000 for expenses related to processing such appeal.
(5) The department shall periodically review, and if necessary revise, this fee schedule to ensure that it is sufficient to meet the expenses related to accreditation.
8 CRR-NY 4-1.3
Current through August 15, 2021
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