Page:United States Statutes at Large Volume 106 Part 1.djvu/674

 106 STAT. 642 PUBLIC LAW 102-325—JULY 23, 1992 association meets standards established by the Secretary pursuant to this section. The Secretary shall, after notice and opportunity for a hearing, establish standeirds for such determinations. Such standards shall include an appropriate measure or measures of student achievement. Such standards shall require that— "(1) the accrediting agency or association shall be a State, regional, or national agency or association and shall dem-, onstrate the ability and the experience to operate as an accrediting 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 Act, has a voluntary membership and has as a principal purpose the accrediting of institutions of higher education; or "(ii) for the purpose of participation in other programs administered by the Department of Education or other Federal agencies, has a voluntary membership and has as its principal purpose the accrediting of institutions of higher education or programs; "(B) is a State agency approved by the Secretary for the purpose described in subparagraph (A); or "(C) is an agency or association that, for the purpose of determining eligibility for student assistance under this title, conducts accreditation through (i) a voluntary membership organization of individuals participating in a profession, or (ii) an agency or association which has as its principal purpose the accreditation of programs within institutions, which institutions are accredited by another agency or association recognized by the Secretary; "(3) if such agency or association is an agency or association described in— "(A) subparagraph (A) of paragraph (2), then such agency or association is separate and independent, both administratively and financially of any related, associated, or affiliated trade association or membership organization; "(B) subparagraph (B) of paragraph (2), then such agency or association has been recognized by the Secretary on or before October 1, 1991; or "(C) subparagraph (C) of paragraph (2) and such agency or association has been recognized by the Secretary on or before October 1, 1991, then the Secretary may waive the requirement that such agency or association is separate and independent, both adminis^atively and financially of any related, associated, or affiliated trade association or membership organization upon a demonstration that the existing relationship has not served to compromise the independence of its accreditation process; "(4) such agency or association consistently applies and enforces standards that ensure that the courses or programs of instruction, training, or study at the institution of higher education are of sufficient quaUty to achieve, for the duration of the accreditation period, the stated objective for which the courses or the programs are offered; "(5) the standards of accreditation of the agency or association assess the institution's— "(A) curricula;

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