83 FR 8660 - Office of Postsecondary Education; Solicitation of Third-Party Comments Concerning the Performance of Accrediting Agencies; Correction

DEPARTMENT OF EDUCATION

Federal Register Volume 83, Issue 40 (February 28, 2018)

On January 24, 2018 we published a notice in the Federal Register soliciting comments in connection with, inter alia, the Department's review of the application of the Accrediting Council for Independent Colleges and Schools (ACICS) for initial recognition and the compliance report submitted by the American Bar Association (ABA), both of which are currently undergoing review for purposes of recognition by the U.S. Secretary of Education. The deadline for comments set forth in that notice was February 16, 2018. On February 22, 2018, we published a notice in the Federal Register extending the public comment period until March 1, 2018 for the submission of comments relating to those two agencies. This notice corrects our earlier statements in those two Federal Register notices about the scope of the public comments.

[Federal Register Volume 83, Number 40 (Wednesday, February 28, 2018)]
[Notices]
[Pages 8660-8661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04192]


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DEPARTMENT OF EDUCATION


Office of Postsecondary Education; Solicitation of Third-Party 
Comments Concerning the Performance of Accrediting Agencies; Correction

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Call for written third-party comments; extension of comment 
period; correction.

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SUMMARY: On January 24, 2018 we published a notice in the Federal 
Register soliciting comments in connection with, inter alia, the 
Department's review of the application of the Accrediting Council for 
Independent Colleges and Schools (ACICS) for initial recognition and 
the compliance report submitted by the American Bar Association (ABA), 
both of which are currently undergoing review for purposes of 
recognition by the U.S. Secretary of Education. The deadline for 
comments set forth in that notice was February 16, 2018. On February 
22, 2018, we published a notice in the Federal Register extending the 
public comment period until March 1, 2018 for the submission of 
comments relating to those two agencies. This notice corrects our 
earlier statements in those two Federal Register notices about the 
scope of the public comments.

DATES: Applicable February 28, 2018.

FOR FURTHER INFORMATION CONTACT: Herman Bounds, Director, Accreditation 
Group, Office of Postsecondary Education, U.S. Department of Education, 
400 Maryland Avenue SW., room 270-01, Washington, DC 20202, telephone: 
(202) 453-7615, or email: [email protected].
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION: Background: On January 24, 2018 (83 FR 
3335), we published in the Federal Register a notice of a call for 
written third-party comments. That notice provided information to 
members of the public on submitting written comments with respect to 
accrediting agencies currently undergoing review for purposes of 
recognition by the Secretary of Education. That notice established a 
comment period beginning on January 24, 2018, and closing on February 
16, 2018. On February 15, 2018, the U.S. District Court for the 
Southern District of New York entered an order the effect of which was 
to require the Department of Education to extend the comment period 
relating to ACICS and ABA to March 1, 2018. (See The Century Foundation 
v. Betsy Devos, case number 18-cv-1128). Pursuant to that court order, 
on February 22, 2018 (83 FR 7702), we published a notice in the Federal 
Register extending the public comment period until March 1, 2018, and 
stated that the extension was ``for comments on the initial application 
for recognition of ACICS and the compliance report submitted by the 
ABA.'' Under the Higher Education Act, the Department solicits ``third-
party information concerning the performance of the accrediting 
agency,'' 20 U.S.C. 1099b(n)(1)(A), and accordingly, takes comments 
with regard to ``the agency's compliance with the criteria for 
recognition.'' 34 CFR 602.32(a) (emphasis added). The comment process 
established by 34 CFR 602.32 therefore solicits comments on the 
accrediting agencies' performance and compliance with the criteria for 
recognition, and not on any applications or reports agencies may have 
submitted to the Department. The process does not require the 
commenters to have access to the specific applications or compliance 
reports submitted by the accrediting agencies, and the Department has 
not traditionally provided those materials in advance of the comment 
process.
    This notice corrects certain language related to the comment period 
in both the January 24, 2018, and February 22, 2018, Federal Register 
notices. All other language and requirements from the prior notices, 
not amended by this notice of correction, remain the same.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
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Corrections

    1. In the Federal Register notice of February 22, 2018, on page 
7702 in the second column under the heading Summary, correct the last 
sentence in the Summary to read as follows:
    ``Pursuant to a recent court order, we are extending the public 
comment period until March 1, 2018 for the submission of comments on 
the compliance of Accrediting Council for Independent Colleges and 
Schools (ACICS) with the criteria for recognition set forth in Subpart 
B of 34 CFR 602, and for the submission of comments about the 
compliance of the American Bar Association with the criteria for 
recognition cited in the Senior Department Official's September 22, 
2016 letter \1\ following the June 23, 2016 NACIQI meeting available 
at: https://opeweb.ed.gov/aslweb/finalstaffreports.cfm. The review of 
the ABA's compliance is limited to 34 CFR 602.15(a)(1), 602.15(a)(2), 
602.15(a)(3), 602.16(a)(1)(viii), and 602.17(b).''
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    \1\ The January 24, 2018 (83 FR 3335), Federal Register notice 
solicitation for written third-party comments relating to the ABA 
incorrectly identified the letter from the Senior Department 
Official as being dated ``October 28, 2016.'' As noted herein, the 
correct date is ``September 22, 2016.''
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    2. In the Federal Register notice of February 22, 2018, on page 
7702 in the second column under the heading ADDRESSES, correct the 
section to read as follows:

``ADDRESSES: Written comments about ACICS's compliance with the 
criteria for recognition or the ABA's compliance with the criteria for 
recognition cited in the Senior Department Official's September 22, 
2016 letter must be received by March 1, 2018, in the 
[email protected] mailbox and include the subject line `Written 
Comments: (agency name).' ''
    3. In the Federal Register notice of January 24, 2018, on page 3336 
in the

[[Page 8661]]

first column, correct the first full paragraph to read as follows:
    ``2. American Bar Association Compliance report includes the 
following: (1) Findings identified in the September 22, 2016 letter 
from the senior Department official following the June 23, 2016 NACIQI 
meeting available at: http://opeweb.ed.gov/aslweb/finalstaffreports.cfm, (2) Review under 34 CFR 602.15(a)(1), Sec.  
602.15(a)(2), Sec.  602.15(a)(3), Sec.  602.16(a)(1)(viii), and Sec.  
602.17(b).''
    4. In the Federal Register notice of January 24, 2018, on page 3336 
in the second column under the heading Submission of Written Comments 
Regarding a Specific Accrediting Agency or State Approval Agency Under 
Review, correct the fourth sentence to read as follows:
    ``Comments about an agency's recognition after review of a 
compliance report must relate to issues identified in the senior 
Department official's letter that requested the report, or in the 
Secretary's appeal decision, if any.''

    Dated: February 26, 2018.
Lynn B. Mahaffie,
Deputy Assistant Secretary for Policy, Planning, and Innovation, Office 
of Postsecondary Education.
[FR Doc. 2018-04192 Filed 2-26-18; 4:15 pm]
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