Higher Education Accreditation Accountability Act

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).''. SEC. 3. APPLICABILITY. 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. <all>