20 U.S.C. § 1099 — Transferred

Page 732 TITLE 20—EDUCATION § 1099 § 1099. Transferred Editorial Notes CODIFICATION Section, Pub. L. 97–320, title VII, § 701(b), Oct. 15, 1982, 96 Stat. 1538, which related to exemption from State disclosure requirements, was transferred to section 1098g of this title. PART H—PROGRAM INTEGRITY Editorial Notes CODIFICATION Part H of title IV of the Higher Education Act of 1965, Pub. L. 89–329, which comprises this part, was formerly classified to part G of this subchapter. See Codification note preceding section 1087a of this title. Pub. L. 105–244, title IV, § 491(1), Oct. 7, 1998, 112 Stat. 1758, added heading and struck out former heading ‘‘Program Integrity Triad’’. PRIOR PROVISIONS A prior part H, consisting of part I of title IV of Pub. L. 89–329, was redesignated part I of this subchapter. SUBPART 1—STATE ROLE Editorial Notes CODIFICATION Subpart 1 of part H of title IV of the Higher Edu- cation Act of 1965, comprising this subpart, was origi- nally added to Pub. L. 89–329, title IV, by Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 635, and amended by Pub. L. 103–208, Dec. 20, 1993, 107 Stat. 2457. Subpart 1 is shown herein, however, as having been added by Pub. L. 105–244, title IV, § 491(2), Oct. 7, 1998, 112 Stat. 1759, without reference to those intervening amendments because of the extensive revision of sub- part 1 by Pub. L. 105–244. § 1099a. State responsibilities (a) State responsibilities As part of the integrity program authorized by this part, each State, through one State agency or several State agencies selected by the State, shall— (1) furnish the Secretary, upon request, in- formation with respect to the process for li- censing or other authorization for institutions of higher education to operate within the State; (2) notify the Secretary promptly whenever the State revokes a license or other authority to operate an institution of higher education; and (3) notify the Secretary promptly whenever the State has credible evidence that an insti- tution of higher education within the State— (A) has committed fraud in the adminis- tration of the student assistance programs authorized by this subchapter; or (B) has substantially violated a provision of this subchapter. (b) Institutional responsibility Each institution of higher education shall pro- vide evidence to the Secretary that the institu- tion has authority to operate within a State at the time the institution is certified under sub- part 3 of this part. (Pub. L. 89–329, title IV, § 495, as added Pub. L. 105–244, title IV, § 491(2), Oct. 7, 1998, 112 Stat. 1758.) Editorial Notes PRIOR PROVISIONS Prior sections 1099a to 1099a–3 were omitted in the general amendment of this subpart by Pub. L. 105–244. Section 1099a, Pub. L. 89–329, title IV, § 494, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 635, authorized State postsecondary review program. Section 1099a–1, Pub. L. 89–329, title IV, § 494A, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 635, related to State postsecondary review entity agreements. Section 1099a–2, Pub. L. 89–329, title IV, § 494B, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 637, related to Federal reimbursement of State postsecondary review costs. Section 1099a–3, Pub. L. 89–329, title IV, § 494C, as added Pub. L. 102–325, title IV, § 499, July 23, 1992, 106 Stat. 637; amended Pub. L. 103–208, § 2(i)(1), (2), Dec. 20, 1993, 107 Stat. 2478, related to functions of State review entities. SUBPART 2—ACCREDITING AGENCY RECOGNITION Editorial Notes CODIFICATION Pub. L. 105–244, title IV, § 492(a)(1), Oct. 7, 1998, 112 Stat. 1759, substituted ‘‘RECOGNITION’’ for ‘‘APPROVAL’’ in heading. § 1099b. Recognition of accrediting agency or as- sociation (a) Criteria required No accrediting agency or association may be determined by the Secretary to be a reliable au- thority as to the quality of education or train- ing offered for the purposes of this chapter or for other Federal purposes, unless the agency or as- sociation meets criteria established by the Sec- retary pursuant to this section. The Secretary shall, after notice and opportunity for a hearing, establish criteria for such determinations. Such criteria shall include an appropriate measure or measures of student achievement. Such criteria shall require that— (1) the accrediting agency or association shall be a State, regional, or national agency or association and shall demonstrate the abil- ity and the experience to operate as an accred- iting agency or association within the State, region, or nationally, as appropriate; (2) such agency or association— (A)(i) for the purpose of participation in programs under this chapter, has a vol- untary membership of institutions of higher education and has as a principal purpose the accrediting of institutions of higher edu- cation; or (ii) for the purpose of participation in other programs administered by the Depart- ment of Education or other Federal agen- cies, has a voluntary membership and has as its principal purpose the accrediting of insti- tutions of higher education or programs; (B) is a State agency approved by the Sec- retary for the purpose described in subpara- graph (A); or (C) is an agency or association that, for the purpose of determining eligibility for student assistance under this subchapter, conducts accreditation through (i) a vol- untary membership organization of individ-