Rule2026-03953
Regulatory Guidance Relating to the Criteria and Process for Initial Recognition of an Accrediting Agency
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Published
February 27, 2026
Issuing agencies
Education Department
Abstract
This interpretive rule sets forth the Department's interpretation of certain regulations at the Criteria for Recognition, and the Recognition Process, governing an accrediting agency's submission of a written application seeking initial recognition. In general, the provisions in this interpretive rule are designed to reduce unnecessary barriers to the recognition of accrediting agencies to promote competition in the market for assessing the quality of education or training offered by postsecondary institutions and programs.
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Pages 9709-9712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03953]
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DEPARTMENT OF EDUCATION
34 CFR Part 602
Regulatory Guidance Relating to the Criteria and Process for
Initial Recognition of an Accrediting Agency
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Interpretive rule.
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SUMMARY: This interpretive rule sets forth the Department's
interpretation of certain regulations at the Criteria for Recognition,
and the Recognition Process, governing an accrediting agency's
submission of a written application seeking initial recognition. In
general, the provisions in this interpretive rule are designed to
reduce unnecessary barriers to the recognition of accrediting agencies
to promote competition in the market for assessing the quality of
education or training offered by postsecondary institutions and
programs.
DATES: February 27, 2026.
FOR FURTHER INFORMATION CONTACT: Elizabeth Daggett, Office of
Postsecondary Education, U.S. Department of Education, 400 Maryland
Avenue SW, Washington, DC 20202. Email: <a href="/cdn-cgi/l/email-protection#c5a0a9acbfa4a7a0b1adeba1a4a2a2a0b1b185a0a1eba2aab3"><span class="__cf_email__" data-cfemail="5a3f3633203b383f2e32743e3b3d3d3f2e2e1a3f3e743d352c">[email protected]</span></a>.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Full Text of Announcement
I. Background
For decades, the Department has utilized 34 CFR part 602 ('Part
602'), Subpart B, the Criteria for Recognition, to govern the
eligibility requirements that an accrediting agency must meet before
submitting a written application for initial recognition to the
Secretary; and, after submitted, Part 602, Subpart C, the Recognition
Process, to govern the procedures for the Department's processing,
analysis, and decision to approve or deny an application seeking
initial recognition. Since 1999, the Department has only recognized
four (4) new accrediting agencies with the authority to establish
institutional eligibility to participate in the Federal financial
assistance programs authorized under title IV of the Higher Education
Act of 1965, as amended, (''HEA'').\1\ In fact, only seven
institutional accrediting agencies collectively serve as gatekeepers
for more than three thousand (3,000) U.S. institutions' eligibility for
title IV, HEA programs.
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\1\ U.S. Dep't of Ed., Institutional Accrediting Agencies,
<a href="http://www.ed.gov">www.ed.gov</a> (September 17, 2025) available at <a href="https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/college-accreditation/institutional-accrediting-agencies">https://www.ed.gov/laws-and-policy/higher-education-laws-and-policy/college-accreditation/institutional-accrediting-agencies</a>. Specifically, the
Midwifery Education Accreditation Council (2001), Commission on
Massage Therapy Accreditation (2002), Commission on English Language
Program Accreditation (2003)(though an institutional accreditor, CEA
does not recognize institutions for Title IV program purposes),
Middle State Commission on Secondary Schools, which has jurisdiction
over vocational/technical institutions that offer non-degree,
postsecondary education (2004), and the Association of Institutions
of Jewish Studies (2015).
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On April 23, 2025, President Donald J. Trump issued Executive Order
14279, Reforming Accreditation to Strengthen Higher Education, (``E.O.
14279''), which called for the Department to take action to reform the
``dysfunctional accreditation system.'' Specifically, E.O. 14279
directs the Department, among other things, to:
``(i) resume recognizing new accreditors to increase competition
and accountability in promoting high-quality, high-value academic
programs focused on student outcomes;''
``(v) increase the consistency, efficiency, and effectiveness of
the accreditor recognition review process, including through the use of
technology;''
``(vi) streamline the process for higher education institutions to
change accreditors to ensure institutions are not forced to comply with
standards that are antithetical to institutional values and mission;''
and
``(vii) update the Accreditation Handbook to ensure that the
accreditor recognition and reauthorization process is transparent,
efficient, and not unduly burdensome.''
Upon the issuance of E.O. 14279, the Secretary of Education stated:
``[E.O. 14279] will bring long-overdue change by accelerating the
recognition of new accreditors and refocusing existing accreditors on
helping member institutions improve the student outcomes families care
most about. Instead of pushing schools to adopt a divisive DEI
ideology, accreditors should be focused on helping schools improve
graduation rates and graduates' performance in the labor market. The
Department of Education will create a competitive marketplace of higher
education accreditors, which will give colleges and universities
incentives and support to focus on lowering college costs, fostering
innovation, and delivering a high-quality postsecondary education.''
\2\
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\2\ U.S. Dep't of Ed., Secretary of Education Statements on
President Trump's Education Executive Orders, <a href="http://www.ed.gov">www.ed.gov</a> (April 23,
2025) available at <a href="https://www.ed.gov/about/news/press-release/secretary-of-education-statements-president-trumps-education-executive-orders">https://www.ed.gov/about/news/press-release/secretary-of-education-statements-president-trumps-education-executive-orders</a>. (Last Accessed February 23, 2026).
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As the Department observed in the Preamble of the 2019 revisions to
Part 602, ``[w]e believe the dearth of new agencies shows that the
barriers to entry for new accrediting agencies were so significant that
they discouraged new entrants.'' \3\ A primary obstacle to effectuating
E.O. 14279's mandate to recognize new accrediting agencies is the
existing regulatory requirement that an agency seeking initial
recognition from the Secretary must have ``[c]onducted accrediting
activities, including deciding whether to grant or deny accreditation
or preaccreditation, for at least two years prior to seeking
recognition.'' 34 CFR 602.12(a). Coupled with the Department's current
processing procedures under Part 602, Subpart C, the Recognition
Process, an accrediting agency typically faces a two-to-three year
period for the Department to evaluate and approve or deny the initial
application for recognition, resulting in a cumulative four-to-five
year timeframe for a new accrediting agency to be recognized by the
Secretary. As a practical matter, this delay creates a significant
barrier to entry for new institutional accrediting agencies as
potential member-institutions are often unwilling or unable to
simultaneously maintain accreditation with an already-recognized
accrediting agency--which is necessary for continued participation in
title IV and other Federal programs--and apply for and maintain
accreditation with a new accrediting agency while that agency undergoes
a
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four-to-five year initial recognition process.
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\3\ Student Assistance General Provisions, The Secretary's
Recognition of Accrediting Agencies, The Secretary's Recognition
Procedures for State Agencies, 84 FR 58834, 58853 (Nov. 1, 2019)
(codified at 34 CFR part 602).
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The HEA requires that an accrediting agency seeking initial
recognition by the Department ``demonstrate the ability and the
experience to operate as an accrediting agency or association within
the State, region, or nationally, as appropriate.'' 20 U.S.C.
1099b(a)(1). Indeed, under the HEA, an accrediting agency must
demonstrate that it ``consistently applies and enforces standards that
respect the stated mission of the institution of higher education,
including religious missions, and that ensure that the courses or
programs of instruction, training, or study offered by the institution
of higher education, including distance education or correspondence
courses or programs, are of sufficient quality to achieve, for the
duration of the accreditation period, the stated objective for which
the courses or the programs are offered.'' 20 U.S.C. 1099b(a)(4)(A).
The Secretary ``shall by regulation provide procedures for the
recognition of accrediting agencies or associations and for the appeal
of the Secretary's decisions.'' 20 U.S.C. 1099b(o). Through 34 CFR
602.12(a), the Department adds additional barriers that are not
directly required by the HEA, requiring an accreditation agency to
``conduct accrediting activities for at least two years.'' 34 CFR
602.12(a). The Department issues this interpretive rule to provide
prospective accrediting agencies with additional clarity regarding the
recognition process pursuant to E.O. 14279.\4\
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\4\ This interpretive rule is also issued in pursuance of the
President's Executive Order 14267 of April 9, 2025, Reducing Anti-
Competitive Regulatory Barriers, in which the President directed
Agency heads to ``complete a review of all regulations subject to
their rulemaking authority and identify those that: . . . (iv)
create or facilitate licensure or accreditation requirements that
unduly limit competition.''
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II. 34 CFR, Part 602, Subpart B--The Criteria for Recognition
To further implement E.O. 14279, the Department provides the
following interpretation related to certain regulatory requirements an
accrediting agency must meet to submit a complete written application
when seeking initial recognition under Part 602, Subpart B,
specifically 34 CFR 602.12. Interpretations of specific regulatory
provisions are provided below. The Department notes that many of the
terms discussed in this interpretive rule have not been formally
interpreted in the past in a published format. However, we are not
breaking new ground with most of the terms discussed herein. Where the
Department's interpretation departs from past interpretations, we note
the novelty of it explicitly.
Accrediting Experience (34 CFR 602.12(a)(1)): The Department finds
that the phrase ``Granted accreditation or pre-accreditation'' in 34
CFR 602.12(a)(1) means a decision by an accrediting agency to award
accreditation or preaccreditation to an institution of higher
education, a proprietary institution of higher education, or
postsecondary vocational institution as those terms are defined at 34
CFR 600.4, 600.5, and 600.6, or to a program as defined at 34 CFR
602.3. The Department believes that the regulation is not ambiguous and
that this is the only reasonable interpretation of the regulation
because it aligns with the plain meaning of the regulation and is
consistent with the longstanding interpretation and application of
these terms.
Scope of Activities (34 CFR 602.12(a)(1)(ii)): The Department finds
that the phrase ``[C]overs the range of the specific degrees,
certificates, institutions, and programs for which it seeks
recognition'' in 34 CFR 602.12(a)(1)(ii) means that an institution or
program accredited by the accrediting agency is an institution or
program that (a) operates within the scope of recognition sought by the
agency and (b) offers one or more of the degrees, certificates, and
programs for which the agency seeks to be recognized. The Department
does not believe this regulatory provision is ambiguous and finds that
the interpretation is the only reasonable reading because it hues
closely to the actual text of the regulation in addition to its plain
meaning.
Geographic Area (34 CFR 602.12(a)(1)(iii)): The Department finds
that the phrase ``In the geographic area'' in 34 CFR 602.12(a)(1)(iii)
means an institution or program must be located within the geographic
area for which the accrediting agency is seeking recognition, to the
extent that the agency intends to limit itself by geographic area. The
Department does not believe this regulatory provision is ambiguous and
finds that the interpretation is the only reasonable reading of the
regulation because it is aligned with the exact words of the
regulation.
Nature of Accrediting Activities (34 CFR 602.12(a)(2)): There is
significant confusion regarding the implementation of 34 CFR
602.12(a)(2) and the types of accrediting activities that must be
conducted for two years prior to the Secretary recognizing an
accrediting agency. 34 CFR 602.12(a)(2) provides that the accrediting
agency must conduct accrediting activities, which includes granting or
denying accreditation or preaccreditation to an institution or program.
These examples of accrediting activities are illustrative, not
exhaustive, and the two-year time clock may start before the issuance
of accreditation or preaccreditation. If the two-year time clock were
only to start after an accrediting agency grants accreditation or
preaccreditation, the requirement in 34 CFR 602.12(a)(1) would be
redundant, as that regulation requires an agency to grant accreditation
or preaccreditation to an institution or program prior to the Secretary
recognizing the agency. The Department does not think that is a
plausible reading of 34 CFR 602.12(a)(2), and as such, provides greater
clarity regarding how we interpret the phrase ``Conducted accrediting
activities'' as it exists under 34 CFR 602.12(a)(2).
The Department interprets ``conducted accrediting activities'' in
34 CFR 602.12(a)(2) as requiring a new accrediting agency to be formed
as a corporation and have conducted accrediting activities. This means
that the new agency has: (1) filed articles of incorporation in the
relevant jurisdiction and the governing entity of the corporation has
adopted bylaws,\5\ and (2) conducted at least one type of accrediting
activity as included in the list below. After the accrediting agency
satisfies (1) and (2), the two-year clock begins, meaning the Secretary
may recognize the accrediting agency two years after such date. Nothing
in the regulation precludes Department staff or the National Advisory
Committee on Institutional Quality and Integrity (NACIQI) from making a
recommendation regarding whether the Secretary should recognize the
accrediting agency prior to the two-year clock being satisfied, but
neither the senior Department official (SDO) nor the Secretary may make
a final decision to recognize the accrediting agency prior to the
agency having met the two-year requirement. This means that
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Department staff and NACIQI may prospectively recommend approval (or
disapproval) in advance of the accrediting agency having satisfied the
two-year requirement. For the purposes of 34 CFR 602.12(a)(2),
accrediting activities include:
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\5\ During the ``pre-application period'' (i.e., the period
before a new accrediting agency submits a complete written
application seeking initial recognition during which the agency
takes formative actions to meet the requirements of Part 602,
Subpart B), the Department intends to generally coordinate with a
new accrediting agency seeking recognition, including (a) granting
access to the E-recognition portal to allow the agency to draft
narrative responses and collect supporting documentation required
for a complete application and (b) scheduling and planning required
observations under 34 CFR 602.32(d)(1), to facilitate the efficient
submission of the agency's complete written application upon
conclusion of the pre-application period.
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(i) adopting accreditation standards consistent with 34 CFR 602.16;
(ii) granting or denying accreditation or preaccreditation
consistent with 34 CFR 602.17-18;
(iii) conducting a site visit at an institution or program
consistent with 34 CFR 602.17(c);
(iv) adopting operating procedures consistent with 34 CFR 602.23;
or
(v) establishing a process to accept applications for accreditation
consistent with 34 CFR 602.17.
The Department acknowledges that these provisions in 34 CFR
602.12(a)(2) are ambiguous but finds this construction of the
regulation to be the most reasonable. Indeed, this interpretation
ensures that accrediting agencies have at least two years of
operational experience and have, at a minimum, granted preaccreditation
or accreditation to at least one institution prior to recognition. By
its own terms, 34 CFR 602.12(a)(2) requires nothing more.
Letters from Institutions in the Application Process (34 CFR
602.32(b)(2)): The Department finds that the phrase ``Letters from at
least one program or institution that will rely on the agency as its
link to a Federal program upon recognition of the agency or intends to
seek multiple accreditations which will allow it in the future to
designate the agency as its Federal link'' in 34 CFR 602.32(b)(2) means
a letter from an institution or program in which the institution or
program: (a) commits to consider designating the new agency as its
Federal link to the HEA or other Federal programs once the agency is
recognized; or (b) states its intention to seek multiple
accreditations, one of which will be from the agency seeking initial
recognition. The Department finds this regulation is not ambiguous and
that this is the only reasonable interpretation of the regulation as it
aligns closely to the actual words of the regulation and is consistent
with the ordinary meaning of those words.
Analysis of Applications for Initial or Renewed Recognition (34 CFR
602.32(d)): To encourage accrediting agencies to seek recognition, the
Department herein announces that it intends to complete the staff
analysis determining whether or not the accrediting agency has met the
basic eligibility requirements within 60 calendar days from the
agency's submission of its application. Once Department staff have
determined that the accrediting agency has met the basic eligibility
requirements, the Department intends to complete the review of the
agency's complete written petition within six (6) months but no more
than 12 months. Nothing in this interpretive rule binds the Department
to any specific timeline. Indeed, the regulations do not specifically
call for a 60-calendar day review period. However, the Department
believes it is important to give notice to prospective accrediting
agencies regarding the likely length of the review process so they can
plan accordingly.
Site Visit Observations and Review of Files (34 CFR
602.32(d)(1)(i)-(iii)): The Department finds the phrases ``observations
from site visits . . . to the agency'' and ``a file review at the
agency of documents'' mean observations of accrediting activities
conducted and review of files maintained, respectively, in the ordinary
course of the agency's business with its existing portfolio of member
institutions or programs. ``Observations from site visits . . . to one
or more of the institutions or programs the agency accredits or
preaccredits'' means that the Department will not require the agency to
work with any institution or program other than the institution(s) or
program(s) accredited or preaccredited by the agency. The Department
finds this regulation is not ambiguous. The Department believes that
this is the only reasonable interpretation of the regulation as it
would not make sense to take, nor does the regulation contemplate, a
broader reading where accreditors must conduct site visits outside of
the ordinary course of business.
Failure to Demonstrate Compliance (34 CFR 602.32(g)): The
Department finds the phrase ``[D]etermines that the agency fails to
demonstrate compliance with the basic eligibility requirements'' means
that the agency is unable to demonstrate full or substantial compliance
with one or more requirements of 34 CFR 602.10 through 602.15 within
the period of the Department's analysis of its application. The
Department finds this regulation is not ambiguous. The Department finds
this to be the only reasonable interpretation because the phrase
``basic eligibility requirements'' is not defined and the only other
eligibility requirements in Part 602, relate to demonstrating full or
substantial compliance with the recognition criteria. Because there are
no other eligibility requirements in Part 602, this interpretation is
the only logical construction that is consistent with the broader
construction of the regulation.
Findings of Full, Substantial, or Noncompliance with Recognition
Criteria (34 CFR 602.32(h)(4)(i)): The Department interprets the phrase
``indicating that the agency is in full compliance, substantial
compliance, or noncompliance with each of the criteria for
recognition'' to mean that the Department's final staff analysis of the
agency's complete written application seeking initial recognition
submitted to NACIQI may include findings of full compliance,
substantial compliance, or noncompliance with each of the criteria for
recognition. For any findings of noncompliance, the Department reserves
the right to deny recognition to the accrediting agency. The Department
finds this regulation is not ambiguous and that this is the only
reasonable interpretation of the regulation because it aligns with the
ordinary meaning of the words in the regulation.
III. Effective Date
Interpretive rules cannot have effective dates. Rather, this
interpretive rule informs the public of the Department's interpretation
of the law. See Guedes v. Bureau of Alcohol, Tobacco, Firearms &
Explosives, 920 F.3d 1, 20 (D.C. Cir. 2019) (holding that an
interpretive rule cannot have an effective date and is instead an
interpretation of how the law should be interpreted, past and present).
This interpretation represents the Department's current position on the
issues discussed herein and may be referenced when administering 34 CFR
part 602, but nothing in this interpretive rule is binding upon the
Department, recognized accrediting agencies, accrediting agencies
seeking recognition, or any other parties.
Accessible Format: On request to the program contact listed under
FOR FURTHER INFORMATION CONTACT, individuals with disabilities can
obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in
[[Page 9712]]
text or Portable Document Format (PDF). To use PDF, you must have Adobe
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You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Authority: Section 496 of the HEA of 1965, as amended. 20 U.S.C.
1099b.
David Barker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2026-03953 Filed 2-26-26; 8:45 am]
BILLING CODE 4000-01-P
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