New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 4 - Regents Accreditation
Subpart 4-1 - Voluntary Institutional Accreditation For Title IV Purposes
Section 4-1.5 - Procedures for accreditation

(i) The department shall notify the institution by first class mail return receipt requested of the date, time and location of the advisory council meeting at which the council will review the department's recommendation with respect to accreditation action.

(ii) The institution may submit to the department by first class mail, express mail, or personal service, a written response to the department's recommendation at least 20 days before the scheduled advisory council meeting.

(iii) The advisory council shall review the department's recommendation with respect to accreditation action. The department shall transmit to the advisory council the written response by the institution pursuant to subparagraph (ii) of this paragraph, if any, and the record upon which the department made its recommendation, which shall include, but need not be limited to, the compliance report, the institution's response to the compliance report and the Department's recommendation, the institution's self-study, the institution's application for accreditation and additional documentation submitted by the institution in support of the application. The advisory council shall invite staff of the department, the institution being reviewed, and at the council's discretion other interested parties to make oral presentations at the meeting. The advisory council shall base its determination upon the record before the department, as described in this subparagraph, and the testimony at the advisory council meeting. A record of the testimony before the advisory council related to the accreditation review shall be maintained, but no stenographic transcript shall be required and a recording shall be deemed a satisfactory record.

(iv) When it concludes its review, the advisory council shall prepare a recommendation on accreditation action to the commissioner and the Board of Regents, together with a report of the findings in support of that recommendation based upon the record and testimony considered by the advisory council. The department shall transmit a copy of the advisory council's recommendation to the institution by first class mail, return receipt requested.

(v) In the event that neither the institution nor the deputy commissioner appeals the recommendation of the advisory council, as prescribed in paragraph (9) of this subdivision, the commissioner shall adopt said recommendation as the commissioner's recommendation to the Board of Regents.

(i) The institution and the deputy commissioner shall have the right to appeal to the commissioner the recommendation of the advisory council. The institution shall have the right to be represented by counsel during the appeal.

(ii) Within 10 days of the date that the institution receives notification of the recommendation of the advisory council, the institution shall notify the commissioner in writing, by first class mail, express delivery, or personal service, of their intention to appeal pursuant to clause (iii)(a) of this paragraph or the deputy commissioner shall notify the commissioner in writing, by first class mail, express delivery, or personal service, of their intention to appeal pursuant to clause (iii)(b) of this paragraph.

(iii) Within 25 days of the date that the institution receives notification of the recommendation of the advisory council, the institution may commence an appeal pursuant to clause (a) of this subparagraph or the deputy commissioner may commence an appeal pursuant to clause (b) of this subparagraph.

(iv) The commissioner shall review any appeal , written responses filed, the record before the advisory council, , and its recommendation. If the only remaining deficiency noted by the agency is the institution's failure to meet any agency standard pertaining to finances, the commissioner shall also consider any new financial information submitted by the institution as part of its appeal if the information was unavailable to the institution until after the decision subject to the appeal was made and the financial information is significant as determined by the commissioner, and bears materially on the financial deficiencies identified by the agency.

An institution may seek the review of new financial information only once and any determination on the new financial information does not provide a basis for appeal. The commissioner may affirm, reverse, remand or modify the recommendation of the advisory council. Such determination shall constitute a recommendation regarding accreditation action to the Board of Regents.

(i) An institution may appeal a Regents determination of adverse accreditation action or granting probationary accreditation to the institutional accreditation appeals board in accordance with the requirements and procedures of this paragraph. The institution shall have the right to be represented by counsel during such an appeal.

(ii) Within five days of the date of a Regents determination of adverse accreditation action or granting probationary accreditation, the institution shall notify the Board of Regents in writing, by first class mail, express delivery, or personal service, of its intention to appeal, with an affidavit proving the service of a copy thereof upon the deputy commissioner by first class mail, express delivery, or personal service.

(iii) Within 20 days of the date of a Regents determination of adverse accreditation action or granting probationary accreditation, the institution may commence an appeal of such determination to the institutional accreditation appeals board by filing an appeal with the Board of Regents by first class mail, express delivery, or personal service , with an affidavit proving the service of a copy thereof upon the deputy commissioner by first class mail, express delivery, or personal service.

(iv) The Board of Regents shall transmit the appeal to the institutional accreditation appeals board within 20 days of receipt of such appeal.

(v) The Board of Regents may file a written response with the institutional accreditation appeals board by first class mail, express delivery, or personal service within 30 days of receipt of the appeal.

(vi) The institutional accreditation appeals board shall provide the institution, the commissioner and the Board of Regents, with at least 10 days' written notice of the time and place of the appeal before the institutional accreditation appeals board.

(vii) Hearing procedures.

(viii) The institutional accreditation appeals board shall hold a due process hearing, wherein the institution shall have the right to come before the institutional accreditation appeals board and present its arguments. The appeals board shall review any appeal papers, written responses filed, and the entire record upon which the Regents determination was based, which may include but not be limited to: the record before the advisory council, the record of the advisory council's deliberations and its findings and recommendations, any appeal papers and written responses filed for an appeal of the findings and recommendations of the advisory council, the commissioner's recommendation to the Board of Regents regarding accreditation action, and the Regents determination. By majority vote, the institutional accreditation appeals board shall affirm, reverse, remand or amend the Board of Regents' determination of adverse accreditation action or granting probationary accreditation and notify the institution in writing of its decision and of its findings within 30 days of its decision. In a decision that is remanded to the Board of Regents for further consideration, the institutional accreditation appeals board shall identify specific issues that the Board of Regents must address. In a decision that is remanded to the Board of Regents, the Board of Regents shall act in a manner consistent with the appeals board's decision or instructions.

(ix) While a properly filed appeal is pending, the Regents determination of adverse accreditation action or granting probationary accreditation shall be held in abeyance until the institutional accreditation appeals board makes a determination on the matter and acts to affirm, amend, reverse, or remand such determination.

(i) The department shall notify the institution by first class mail, return receipt requested of the date, time and location of the advisory council meeting at which the council will review the department's recommendation with respect to accreditation action.

(ii) The institution may submit to the department by first class mail, express mail, or personal service a written submission at least 20 days before the scheduled advisory council meeting.

(iii) The advisory council shall review the department's recommendation with respect to accreditation action. The department shall transmit to the advisory council the written submission by the institution pursuant to subparagraph (ii) of this paragraph, if any, and the record upon which the department made its recommendation, which shall include but need not be limited to, the probationary report and any other documentation upon which the department's recommendation was based. The advisory council shall invite staff of the department, the institution being reviewed and at the council's discretion other interested parties to make oral presentations at the meeting. A record of the testimony before the advisory council related to the accreditation review shall be maintained, but no stenographic transcript shall be required and a recording shall be deemed a satisfactory record.

(iv) Based upon the record and testimony before the advisory council, the advisory council shall prepare a recommendation on accreditation action to the commissioner and the Board of Regents, together with a report of the findings in support of that recommendation. The department shall transmit a copy of this recommendation to the institution by first class mail, return receipt requested.

(i) any change in the established mission or objectives of the institution;

(ii) any change in the legal status, form of control, or ownership of the institution;

(iii) the addition of courses or programs that represent a significant departure from the existing offerings of educational programs, or method of delivery, from those that were offered when the department last evaluated the institution for accreditation;

(iv) the addition of courses or programs of study at a degree or credential level different from that which is included in the institution's current accreditation;

(v) a change from clock hours to credit hours;

(vi) a substantial increase in the number of clock hours or credit hours awarded for successful completion of a program;

(vii) the establishment of an additional location or branch campus, as such terms are defined in section 4-1.2 of this Subpart;

(viii) if the accreditation granted to the institution enables the institution to seek eligibility to participate in title IV, HEA programs, the entering into a contractual agreement with an entity not certified to participate in title IV, HEA programs, that offers more than 25 percent of one or more of the institution's program of study;

(ix) the establishment of an additional location at which the institution offers at least 50 percent of an educational program;

(x) the acquisition of any other institution or any program or location of another institution; or

(xi) the addition of a permanent location at a site at which the institution is conducting a teach-out for students of another institution that has ceased operating before all students have completed their program of study.

(i) The institution shall document to the department that the proposed substantive change does not adversely affect its capacity to meet the standards set forth in sections 4-1.3 and 4-1.4 of this Subpart.

(ii) The institution shall document that all necessary State approval actions, including but not limited to program registrations, master plan amendments, and charter actions, have been completed favorably.

(iii) The department may conduct a site visit in connection with the review of any proposed substantive change.

(i) Branch campuses.

(ii) Additional locations.

(iii) Change in ownership effecting change in control. For instances in which the substantive change is caused by a change in ownership, which effects a change in control of the institution, the department shall conduct a site visit within six months of the change in ownership.

(i) Within 15 days of receiving notice of the determination to deny a change in the scope of accreditation, the institution shall notify the Board of Regents in writing by first class mail, express mail, or personal service, of its intention to appeal.

(ii) Within 60 days of receiving notice of the determination to deny a change in the scope of accreditation, the institution shall submit its appeal to the Board of Regents by first class mail, express mail, or personal service. The appeal shall take the form of a written statement that presents the institution's position on the determination and the substantive change report and all evidence and information which the institution believes is pertinent to the case. The appeal shall include a statement and explanation of the specific grounds of the appeal. The institution shall have the right to be represented by counsel during the appeal.

(iii) Upon appeal by the institution, the Board of Regents shall submit to the institutional accreditation appeals board the documentation supporting the Board of Regents' decision to deny the change in the scope of accreditation, including but not limited to the institution's application, additional documentation submitted by the institution in support of its application, the substantive change report and any other documentation upon which the Board of Regents' decision was based.

(iv) Within 60 days of receiving the institution's statement of appeal, the institutional accreditation appeals board shall issue a determination on the appeal.