§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 Part.

 

(b) Duration of accreditation.  Accreditation shall be for a term of 10 years of 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. The term of accreditation may be extended by the commissioner on one or more occasions for a period not to exceed 12 months on each occasion for good cause as determined by the commissioner, including but not limited to inability to conduct site visits because of unforeseen events and the department’s plan to coordinate a site visit with a site visit by another accrediting agency.

 

(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 subdivision 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 subdivision 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) twelve months, if the longest program offered by the institution is less than one year in length;

 

(b) eighteen 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 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 (ii) of paragraph (1) 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) Unless prior approval by the department is otherwise required by this Title, the institution shall notify the department of any substantive change, as defined in subdivision 4-1.5(d) of this Subpart, in its operation within 72 hours after such change.

             (2) The institution shall submit data reports on a timetable and in a form prescribed by the department.

            (3) The institution shall submit a self-study report at the mid-point of its accreditation term on a timetable and in a form prescribed by the department.

 

           (4) 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 an accrediting agency.  In the event of a pending or final adverse action against the institution or a program at such institution by a nationally recognized accrediting agency, or an action to place the institution or program on probation by a nationally recognized accrediting agency, the department shall review the institution’s Regents accreditation to determine whether the standards prescribed in this Subpart are being met.  Notification of such adverse action or probationary accreditation by a nationally recognized accrediting agency may result in a compliance review as prescribed in subdivision 4-1.5 of this Subpart.