Page:United States Statutes at Large Volume 106 Part 1.djvu/673

 PUBLIC LAW 102-325—JULY 23, 1992 106 STAT. 641 to ensuring institutional or program integrity or that violate the provisions of a State's constitution or laws. "(h) INSTITUTIONAL ELIGIBILITY. — A State postsecondary review entity may determine that an institution of mgher education shall not be eligible to participate in programs under this title based on its own findings or the findings of a Federal entity in accordance with the following procedures: "(1) STATE FINDINGS. — If the appropriate State postsecondary Regulations, review entity finds that an institution of higher education does not meet one or more of the standards in subsection (d) of this section, such State postsecondary review entity shall notify the Secretary of its findings and the actions that such entity is taking, or has taken, in response to such findings within a time period prescribed by the Secretary by regulation. If a State postsecondary review entity determines an institution of higher education shall not be eligible for participation in programs under this title, such State postsecondary review entity shall so notify the Secretary. Upon receipt of such notification of ineligibility, the Secretary shall immediately terminate the participation of such institutions in the programs authorized by this title. "(2) SECRETARY'S FINDINGS. — If the Secretary or any other Federal entity takes, or plans to take, any action against any institution of higher education (including any actions taken xmder section 487), the Secretary shall notify the appropriate State postsecondary review entity (or entities, in the case of multi-State institutions) of such action within a time period prescribed in the Secretary regulations. "(3) PROCEDURAL PROTECTIONS FOR DISAPPROVAL. — The Sec- Regulations, retary shall, by regulation, prescribe minimum procedural standards for the disapproval of institutions of higher education by the appropriate State postsecondary review entity or entities for purposes of this title. TIONS.— The functions of State postsecondary review entity shall not include performing financial and compliance audits as may be required under sections 428 or 487 of this Act. "(j) CONSUMER COMPLAINTS.— A State, in consultation with the Records, institutions of higher education in the State, shall establish and publicize the avaiiabihty of procedures for receiving and responding to complaintsfi*omstudents, faculty, and others about institutions of higher education and shall keep records of such complaints in order to determine theirfirequencyand nature for specific institutions of higher education. "(k) ENFORCEMENT MECHANISMS. — Nothing in this subpart shall restrict the authority of the States to establish mechanisms to enforce the standards established under subsection (d) or require the States to establish specific mechanisms recommended by the Secretary. Subpart 2—Accrediting Agency Approval SEC. 496. APPROVAL OF ACCREDITING AGENCY OR ASSOCIATION. 20 USC 1099b. "(a) STANDARDS REQUIRED.— No accrediting agency or association may be determined by the Secretary to be a rehable authority as to the quahty of education or training offered for the purposes of this Act or for other Federal purposes, unless the agency or 59-194 O—93 22: QL 3 (Pt. 1)
 * (i) LIMIT ON STATE POSTSECONDARY REVIEW AGENCY FUNC-

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