SIDE
BY SIDE COMPARISON OF PROPOSED CHANGES TO STANDARDS, CRITERIA, RULES,
APPENDICES AND BY-LAWS
General Notes on Changes:
1. More than one
Proposal may relate to the same provision of NACCAS’ Standards, Criteria, Rules
of Practice and Procedure, Appendices, By-Laws or Glossary. Each such Proposal is shown separately below,
but final changes will reflect all Proposals adopted by the Commission.
2. Language to be
deleted is overstruck (overstruck) and language to be added is in red, bold,
underlined text.
3. Any Proposal adopted under emergency action is given a Proposal Number
with an “E”. Effective dates are noted.
The
Commission proposes to amend NACCAS’ Standard III
to require that schools offering distance education programs utilize technologies
and practices effective in verifying student identity. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Not
applicable. |
Standard III A 16. The institution
utilizes technologies and practices that are effective in verifying the
identity of a distance-learning student who participates in class or
coursework (such as a secure login and pass code or proctored examinations)
while protecting student privacy. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.17(g)) |
The
Commission proposes to amend NACCAS’ Standard IV
to require that schools maintain a list of institutions with which they have
articulation agreements. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Not
applicable. |
Standard IV D
11. The institution maintains a list of institutions with which they have
established an articulation agreement, if applicable. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(e)) |
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Not
applicable. |
Glossary Articulation Agreement - An agreement between institutions that
determines how coursework completed at one institution will receive credit
towards completion of an academic course or program at another institution. |
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The
Commission proposes to amend NACCAS’ Standard IV
to require that schools offering distance education programs disclose to
students, at the time of registration or enrollment, any projected
additional student charges associated with the verification of student
identity. |
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Current Language |
Proposed Change |
Change
/ Rationale |
|
Not
applicable. |
Standard IV D 13.
The institution notifies distance-learning students at the time of
registration or enrollment of any projected additional student charges
associated with the verification of student identity. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.17(g)) |
The
Commission proposes to amend Section 4.10 of NACCAS’
Rules of Practice and Procedure to
consolidate the list of substantive changes requiring a full team visit. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Not
applicable. |
Section 4.10 (b) Approval of the following substantive
changes shall require a full team (comprehensive evaluation) visit, in
addition to such other conditions as may be determined by the Commission: (1)
Change
of mission, degree or credential granted; (2)
Category
2 relocation, as described in Part 4A- Subpart 4A.1, Section 4.7(a); (3)
Category
5 Change of ownership or control, as described in Part 4A – Subpart 4A.2, and
Appendix #9; and (4)
Establishment
of a branch campus, as described in Part 4A – Subpart 4A.3. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Note: This change is a non-substantive technical
amendment (consolidating provisions already existing in the current Rules)
implemented to demonstrate compliance with new federal regulations. (34 CFR
602.22(a)(3).) |
The
Commission proposes to amend Section 4.14 of NACCAS’
Rules of Practice and Procedure to
conform NACCAS’ requirements concerning teach-out arrangements to comply
with the requirements of revised federal regulations concerning
accreditation of schools undergoing teach-outs. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Section
4.15 (a) Definitions: (1) Teach-Out
Agreement: A voluntary agreement, not
required by NACCAS, entered into by two or more NACCAS-accredited
institutions, which meets the requirements of NACCAS’ Cancellation and
Settlement Policy, to assure that if, in the future, one of the institutions
party to the agreement closes while students are still enrolled, the other
institution(s) will receive those students to give them a reasonable
opportunity to complete their education at a cost which does not exceed what
they would have paid to the institution which closes. (2) School
Closure Arrangement: When a NACCAS-accredited
institution closes while students are still enrolled, NACCAS will work with
state agencies, and the United States Department of Education, as
appropriate, and other NACCAS-accredited institutions in the area, especially
any that are parties to a teach-out agreement with the closed institution, to
make arrangements, to the extent feasible, for those students to have
reasonable opportunities to complete their education at a cost which does not
exceed what they would have paid to the closed institution. |
Section 4.14 Teach-Out and (a) Submission of
Teach-Out Plans and Agreements. An
accredited institution: (1) Must submit a Teach-Out
Plan, and associated Teach-Out Agreement(s), for approval by the Commission,
not later than 15 days following the occurrence of a Teach-Out Event;
provided, however, that in the event of the closure of a institution, the
Plan and Agreement(s) must be submitted at least 30 days prior to the closure
date; (2) Must submit any other Teach-Out
Agreement entered into other than as required by Section 4.14(a)(1) of these Rules, for approval by the Commission,
not later than 15 days after entering into such Agreement; and (3) May submit a Teach-Out
Plan entered into other than as required by Section 4.14(a)(1) of these Rules, for approval by the Commission,
at any time. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(e).) |
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(b) Within 15 days: When two or more institutions enter into a
teach-out agreement, one must be designated to notify the Commission and seek
approval from the Commission. Official
notification must be submitted to the Commission within fifteen (15) days
after entering into the teach-out agreement.
The notification must include (1) A copy of
the teach-out agreement; (2) A copy of
the enrollment agreement for each institution that will receive students under
the agreement; and (3) A copy of
the catalog of each institution that will receive students under the
agreement; (4) Additional
information, if any, requested by the Commission after items (1) through (3)
have been received. |
(b) (1) A copy of
the (2) A copy of
the enrollment agreement for each institution that will receive students
under the (3) A copy of
the catalog of each institution that will receive students under the (4) Additional
information, if any, requested by the Commission after items (1) through (3)
have been received. |
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Schools may
submit draft versions of the teach-out agreement to the Commission for an
advisory opinion prior to the agreement being finalized. A favorable opinion by the Commission will
not constitute approval of the agreement, and does not excuse the school from
undergoing the review and approval process once the final agreement has been
executed. |
(c) Advisory Opinion. |
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Not
applicable. |
(d) Teach-Out Institution.
The Commission shall not approve any Teach-Out Agreement unless it has
determined that each institution to which students are to be transferred to
complete their programs: (1) Has the necessary experience, resources,
and support services to: (A) Provide an educational program that is of
acceptable quality and reasonably similar in content, structure, and
scheduling to that provided by the institution that is ceasing operations or
terminating the applicable program; and (B) Remain stable, carry out its mission, and
meet all obligations to existing students; and (2) Can provide students access to the program
and services without requiring them to move or travel substantial distances,
and that it will provide students with information about additional charges,
if any. |
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(c) Within 10 days: When an institution party to a teach-out
agreement learns that another party to the agreement plans to close, or has
closed, it shall notify NACCAS within ten (10) days of learning of the
closure. |
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(d) 30 days before closing: When a school is going to close, it must
notify NACCAS in writing at least thirty (30) days prior to the closure date
and comply with the School Closure Policy set out in the Cancellation and
Settlement Policy. |
(f) Closed Institution.
If an institution accredited by NACCAS closes without a Teach-Out Plan
or Teach-Out Agreement, NACCAS shall work with the U.S. Department of
education and the appropriate State agency, to the extent feasible, to assist
students in finding reasonable opportunities to complete their education
without additional charges. |
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Not
applicable. |
Glossary Teach-Out Agreement -- A written agreement between accredited
institutions that meets the requirements of NACCAS’ Teach-Out Policy and
otherwise provides for the equitable treatment of students and a reasonable
opportunity for students to complete their program of study if an accredited
institution ceases to operate before all enrolled students have completed
their program of study. |
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Not
applicable. |
Teach-Out Event – The occurrence of any one or more of the
following events involving a NACCAS-accredited institution: 1. The U.S. Department of
Education notifies the Commission that the Secretary of Education has
initiated an emergency action against the institution, in accordance with
section 487(c)(1)(G) of the Higher Education Act (or a successor statute)(the
“HEA”), or an action to limit, suspend, or terminate an institution
participating in any title IV, HEA program, in accordance with section
487(c)(1)(F) of the HEA (or a successor Statute), and that a Teach-Out Plan
is required. 2. The Commission acts to
withdraw the accreditation of the institution. 3. The institution
notifies the Commission that it intends to (a) cease operations entirely or
(b) cancel a program after students are enrolled. 4. A State licensing or
authorizing agency notifies the Commission that an institution's license or
legal authorization to provide an educational program has been or will be
revoked. |
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Not
applicable. |
Teach-Out Plan -- A written plan developed by an accredited
institution that meets the requirements of NACCAS’ Teach-Out Policy, and may
include, if required by the Commission, a Teach-Out Agreement between
accredited institutions. |
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The
Commission proposes to amend Section 5.0 of NACCAS’
Rules of Practice and Procedure to
require all schools to submit annual enrollment data by program and in the
aggregate, and to permit the Commission to require the submission of
additional reports or data from schools experiencing significant enrollment
growth. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Not
applicable. |
Section 5.0 Annual
Report (f) Monitoring
Enrollment Growth. Each accredited
school shall provide the Commission with enrollment data, by program and in
the aggregate, on an annual basis. In
the event that any school reports enrollment growth in excess of 50% for any one-year period, the Commission
shall require the school to submit such additional reports or data as it may
determine is required to effectively monitor enrollment growth at such
school. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.19(d)) |
The
Commission proposes to amend Part 9 of NACCAS’ Rules of Practice and Procedure to
empower appeal review panels to reverse or modify adverse accreditation
decisions of the Commission. |
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Current Language |
Proposed Change |
Change
/ Rationale |
|
Section 9.0(d) If no letter of intent to appeal an adverse
action is received by the Commission within the time frames specified in
Sub-Part B, the adverse action shall enter into effect on the twentieth day
after the school received official notice of the adverse action. |
Section 9.0(d) Except as set forth in Section 9.0(e) below, if |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. This change
was adopted to clarify that the 20-day waiting period before an adverse
action becomes final does not apply where two attempts to deliver notice of
the action have been returned as undeliverable, and staff is unable to
contact or locate the school or its owner by other reasonable means. |
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Section 9.0(e) Receipt:
The letter officially notifying an institution of the
Commission’s adverse status decision shall be mailed by a traceable means. (1) The date a school receives notice of the
adverse action is the date the Commission’s official action letter is signed
for, irrespective of who signs for it. (2) If the first notice from the Commission is
returned as undeliverable, the Commission shall send the notice a second
time, by an alternate traceable means, and the institution shall be deemed to
have received notice. |
Section 9.0(e) Receipt:
The letter officially notifying an institution of the
Commission’s adverse status decision shall be mailed by a traceable means. (1) The date a school receives notice of the
adverse action is the date the Commission’s official action letter is signed
for, irrespective of who signs for it. (2) If the first notice from the Commission is
returned as undeliverable, the Commission shall attempt to contact the school at its
telephone, facsimile and/or email address of record to obtain an alternate
address for delivery of the notice and, if successful, send a second notice
to that alternate address. If the
school cannot be contacted by these means (or does not respond to the
Commission’s request for information within three business days), the
Commission shall send a second notice to the school’s address of record (3) If the second notice from the Commission is returned as
undeliverable, the adverse action shall enter into effect on the date the
second notice is returned to the Commission. |
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Not
applicable. |
Section 9.4(c) Notwithstanding
Sections 9.4(a) and 9.4(b) above, where the adverse action subject to appeal
was based in whole or in part on a failure of the institution to comply with
NACCAS’ financial standards, the institution may submit new financial
information for consideration by the Appeal Review Panel, at any time prior
to the meeting of the Panel, provided that such information: (1) Was
unavailable to the institution until after the adverse action subject to
appeal was taken by the Commission; and (2) Is
significant and bears materially on the financial deficiencies identified by
the Commission. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.25(h)) |
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Section 9.5 The Appeal Review Panel (a) Whenever an institution appeals an
adverse accreditation action pursuant to Part 9 Sub-Part B of these Rules, an Appeal Review Panel shall be
formed to review the institution’s appeal document, hold an appeal hearing,
if requested by the institution, and submit a recommendation to the
Commission pursuant to section 9.10 of these Rules. (b) The Appeal Review Panel shall
consist of three members. (c) Three alternates will be named to
the Panel in case, for whatever reason, one of the Panelists is unable to
complete his or her service on the Panel. (d) The purpose of the Appeal Review
Panel is to review the appeal document submitted by the institution(s),
conduct an appeal hearing, if requested by the appellant, and submit a
recommendation to the NACCAS board of Commissioners. |
Section 9.5 The Appeal Review Panel (a) Whenever an institution appeals an
adverse accreditation action pursuant to Part 9 Sub-Part B of these Rules, an Appeal Review Panel shall be
formed to review the institution’s appeal document, hold an appeal hearing,
if requested by the institution, and render a decision on the appeal, in
accordance with Section 9.10 of these Rules (b) The Appeal Review Panel shall
consist of three members. (c) Three alternates will be named to
the Panel in case, for whatever reason, one of the Panelists is unable to
complete his or her service on the Panel. (d) The purpose of the Appeal Review
Panel is to review the appeal document submitted by the institution(s),
conduct an appeal hearing, if requested by the appellant, and render a
decision on the appeal, in accordance with Section 9.10 of these Rules |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
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Section 9.8 Meetings and Deliberations of the Appeal
Review Panel (a) Appeal
Review Panels shall meet at least twice a year, when there are appeals
pending, no later than thirty (30) days before face-to-face Commission
meetings scheduled to consider school actions. The meeting of the Appeal
Review Panel shall include review of the record on appeal, appeal hearings,
deliberations, and rendering of recommendations. |
Section 9.8 Meetings and Deliberations of the Appeal
Review Panel (a) Appeal
Review Panels shall meet at least twice a year, when there are appeals
pending, no later than thirty (30) days before face-to-face Commission
meetings scheduled to consider school actions. The meeting of the Appeal
Review Panel shall include review of the record on appeal, appeal hearings,
deliberations, and rendering of decisions
|
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
|
Section
9.10 Authority and
Recommendations of the Appeal Review Panel (b) The Appeal Review Panel may either: (1)
Affirm
the adverse accreditation decision of the Commission, in which case the
decision shall be final; or (2) Remand
the adverse accreditation action to the Commission. |
Section
9.10 Authority and
Recommendations of the Appeal Review Panel (b) The Appeal Review Panel may either: (2)
Affirm
the adverse accreditation decision of the Commission, in which case the
decision shall be final; or (2) Reverse
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section 9.10(c) of these Rules; or (3) Amend
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section 9.10(c) of these Rules; or (4 In all cases, the Appeal
Review Panel shall provide the Commission with a written statement of the
result of the appeal and of the basis for that result, together with the record on appeal, including
the appeal document and appeal transcript. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
|
Section 9.10(c) The Appeal Review Panel shall provide the Commission with a
written statement of the result of the appeal and of the basis for that
result |
Section 9.10(c) |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
|
Section 9.10(d) If the Appeal Review Panel remands the
action to the Commission, it shall submit its written statement, together with
the record on appeal, including the appeal document and appeal transcript, to
the Commission. |
Section 9.10(d) If the Appeal Review Panel remands |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
|
Not
applicable. |
Section 9.10(e) In
implementing and decision by the Appeal Review Panel, the Commission may
impose any monitoring, reporting or other limitations or obligations on the
accreditation of an institution consistent with these Rules and the decision
of the Appeal Review Panel. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
|
Section 9.11 Appeal Decision by the NACCAS Board of Commissioners (a) If
the Appeal Review Panel remands the adverse accreditation decision to the
Commission, the Commission shall consider the written statement setting out the result of the appeal and the basis for that result provided by the
Appeal Review Panel and shall reconsider the matter and make a decision based
on the record. (b) Any decision
by the Commission on an appeal is final and not subject to further review. The Commission shall send an official
notification to the appellant in accordance with Section 8.17 of these Rules. |
|
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.24(f)) |
The
Commission proposes to amend Sections 11.3 and
11.5 of NACCAS’ Rules of Practice and
Procedure to provide that when NACCAS is contacted by the U.S.
Department of Education concerning a NACCAS-accredited school, NACCAS shall
keep such contacts confidential if requested by the Department, and in all
other cases shall determine on a case-by-case basis whether to keep such
contacts confidential. |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Section
11.3 Sharing Information With
Other Accrediting Agencies and Government Bodies NACCAS shall
notify the appropriate accrediting agencies, of a decision by the Commission
to grant initial accreditation or renewal of accreditation, to place an
institution on probation, and a decision to deny or withdraw accreditation,
as well as a decision by an institution to voluntarily relinquish its
accreditation, within 30 days of the decision. NACCAS shall
grant all reasonable special requests for accreditation information made by
other accreditation agencies and governmental entities, including the United
States Department of Education. Requests for information from such entities
shall be in writing, submitted to the Executive Director, and shall state the
name and address of the institution for which the information is sought, the
nature of the information requested, as well as the purpose for which the
information is to be used. A decision to deny such a request is not subject
to appeal. The institution shall be
notified when such requests for information have been granted. NACCAS shall
also comply with requests from the United States Department of Education for
special reports such as an annual data summary. Institutions
seeking accreditation from NACCAS shall agree to provide a release for
purposes of eliciting information from state boards and government entities,
as well as an acknowledgement of the fact that accrediting information may,
at the discretion of NACCAS, be shared with other accrediting agencies and
governmental entities. |
Section
11.3 Sharing Information With
Other Accrediting Agencies and Government Bodies NACCAS shall
notify the appropriate accrediting agencies, of a decision by the Commission
to grant initial accreditation or renewal of accreditation, to place an
institution on probation, and a decision to deny or withdraw accreditation,
as well as a decision by an institution to voluntarily relinquish its
accreditation, within 30 days of the decision. NACCAS shall
grant all reasonable special requests for accreditation information made by
other accreditation agencies and governmental entities, including the United
States Department of Education. Requests for information from such entities
shall be in writing, submitted to the Executive Director, and shall state the
name and address of the institution for which the information is sought, the
nature of the information requested, as well as the purpose for which the
information is to be used. A decision to deny such a request is not subject
to appeal. In
the event that the United States Department of Education requests that a
request for information be treated as confidential, NACCAS shall honor that
request. In all other cases, NACCAS
shall review the circumstances surrounding the contact by the United States
Department of Education, including the need for the confidentiality of that
contact, before determining whether the Institutions
seeking accreditation from NACCAS shall agree to provide a release for
purposes of eliciting information from state boards and government entities,
as well as an acknowledgement of the fact that accrediting information may,
at the discretion of NACCAS or as required by applicable statutes or regulations,
be shared with other accrediting agencies and governmental entities. |
Note: This change was adopted to go into effect
on July 1, 2010, but comments are requested in case modifications are
warranted. Change
required to comply with new federal regulations. (34 CFR 602.27(b)) |
|
Section
11.5 Exception in Event of
Appropriate Legal Request As a general
rule, the Commission has no authority or duty to refuse to disclose
information about a school when requested to do so pursuant to appropriate
legal process. If the request is made
by a party with the ability to obtain school records through a legal process,
it shall be within the discretion of the Commission whether to require that
the formalities of the legal process be observed or to provide such
information to the requester as if the legal process had been followed. In either event, the Commission will make a
reasonable effort to ensure that the documents provided are used only for the
legal purpose for which they were sought.
The Commission shall be under no obligation to inform a school that
such a request has been made and complied with. Such notice may be furnished to the school
if the Commission so decides and if such notice is in accordance with law. |
Section
11.5 Exception in Event of
Appropriate Legal Request As a general
rule, the Commission has no authority or duty to refuse to disclose
information about a school when requested to do so pursuant to appropriate
legal process. If the request is made
by a party with the ability to obtain school records through a legal process,
it shall be within the discretion of the Commission whether to require that
the formalities of the legal process be observed or to provide such
information to the requester as if the legal process had been followed. In either event, the Commission will make a
reasonable effort to ensure that the documents provided are used only for the
legal purpose for which they were sought.
The Commission shall be under no obligation to inform a school that
such a request has been made and complied with. Such notice may be furnished to the school
if the Commission so decides and if such notice is in accordance with law; provided,
however, that NACCAS shall honor all requests by the United States Department
of Education to maintain the confidentiality of contact with the Department. |
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The
Commission proposes to amend NACCAS’ Rules of Practice and Procedure to
eliminate the status of “Accreditation on Probation.” |
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Current Language |
Proposed Change |
Change
/ Rationale |
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Section
8.10 Status: Accreditation on Probation (a) The classification of
"Accreditation on Probation" shall be granted to currently
accredited institutions against which one or more actions are pending in one
or more of the following categories: (1) A program review, financial or
compliance audit, audited financial statement, or other information provided
by the Secretary of Education to NACCAS calls into question the institution's
compliance with NACCAS' standards and other accreditation requirements; (2) A
state or federal agency imposes an emergency or disciplinary action on the
institution; (3) An on-site evaluation by NACCAS
results in findings of non-compliance with NACCAS' Standards and Criteria or
other accreditation requirements which can be remedied, with monitoring. (b) Any currently accredited
institutions that does not respond, or submits an incomplete response, to an
administrative “show cause” order issued in accordance with Section 7.1(b) of
these Rules. |
|
In recent
years, the Commission has used the status of “Accreditation on Probation”
primarily as a disciplinary or enforcement response less severe than
withdrawal for schools that have failed to respond, or to respond adequately,
to show cause actions. Applicable
federal regulations require that the Commission must report all decisions to
place a school’s accreditation on probation at the same time the school is
notified. Because the majority of
these actions, especially those arising from administrative show cause
orders, are resolved to the Commission’s satisfaction within the response
period designated by the Commission, this requirement has resulted in many
cases of the Commission reporting probation actions to the Department, only
to remove probationary status shortly thereafter. The
Commission has concluded that the other disciplinary and/or enforcement
mechanisms available under the Rules are adequate to accomplish the
Commission’s purposes, without the use of the status of “Accreditation on
Probation.” |
The
Commission proposes to amend Part 9 of NACCAS’ Rules of Practice and Procedure to
revise the method by which Appeal Review Panels are formed. |
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Current Language |
Proposed Change |
Change
/ Rationale |
|
Section 9.5 The Appeal
Review Panel (a) Whenever an institution appeals an
adverse accreditation action pursuant to Part 9 Sub-Part B of these Rules, an Appeal Review Panel shall be
formed to review the institution’s appeal document, hold an appeal hearing,
if requested by the institution, and render a decision on the appeal, in accordance
with Section 9.10 of these Rules. (b) The Appeal Review Panel shall
consist of three members. (c) Three alternates will be named to
the Panel in case, for whatever reason, one of the Panelists is unable to
complete his or her service on the Panel. (d) The purpose of the Appeal Review
Panel is to review the appeal document submitted by the institution(s),
conduct an appeal hearing, if requested by the appellant, and render a
decision on the appeal, in accordance with Section 9.10 of these Rules. |
|
The Commission
believes that NACCAS’ member schools will be better served by the creation of
a permanent appeal review panel with rotating membership, than by the
continued use of ad hoc panels. The
larger panel will have a composition mirroring that of the full Commission,
and allowing panelists to have longer, overlapping terms will promote
stability and continuity in decisions relating to appeals. The creation of a permanent panel will also
reduce the administrative costs of convening ad hoc panels twice-yearly. |
|
Section 9.6 Appeal Review Panel List (a) NACCAS shall maintain a list of at
least fifteen former Commissioners and experienced evaluators to be appeal
review Panelists. They shall
be selected based on their expertise in education and their familiarity with
the Commission’s Standards, conditions, policies, and Rules of Practice
and Procedure. In order to be
included on the list of Panelists, a person must (1) Have attended a NACCAS accreditation
workshop within the past three (3) years; and (2) Have
signed an agreement to abide by the NACCAS Code of Ethics. (b) Panelists
shall be appointed for two years, and may be re-appointed. |
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Section 9.7 Selection
of an Appeal Review Panel
(a) Whenever an Appeal Review Panel is
called for, the Executive Committee of the Commission shall select the names
of Panelists. If NACCAS Commissioners
or staff know of any possible conflict of interest between a selected
Panelist and the appellant institution, or if that individual is unavailable
to serve on the Panel, another Panelist shall be selected, until there is a
list of six Panelists without any possible conflict known to the Panelist,
the Commission or Commission staff. (b) Objections
to Panelists:
(1) The list of Panelists, including
identification of their respective affiliations, shall be sent to the
institution(s) on appeal. Within ten
(10) days of receipt of the list, they may strike from the list any Panelist
in accordance with Section 9.7(b)(2) below.
If any Panelists are struck from the proposed Panel, the Executive
Committee shall select additional names and submit these to the owners who
will have five (5) days to strike Panelists from the list in accordance with
Section 9.7(b)(2) below. (2) The appellant institution may strike from
the list any Panelist who has a conflict of interest (as defined in NACCAS’
Conflict of Interest Policy, set forth in Section 3 of NACCAS’ Code of
Ethics) that would prohibit the Panelist from hearing and voting on an appeal
involving the school. The appellant
must indicate in writing the specific violations of the Conflict of Interest
Policy that require striking a Panelist.
In addition, during the Panelist selection process, the institution
may strike up to (but in no event more than) two (2) Panelists without proof
of a conflict of interest. (c) The
selection process shall continue until six Panelists have been selected. The first three names approved shall be
the Panelists, and the second three names approved shall be the alternates. |
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Section 9.8 Meetings and Deliberations of the Appeal
Review Panel (a) Appeal
Review Panels shall meet at least twice a year, when there are appeals
pending, no later than thirty (30) days before face-to-face Commission
meetings scheduled to consider school actions. The meeting of the Appeal
Review Panel shall include review of the record on appeal, appeal hearings,
deliberations, and rendering of decisions. (b) At least fifteen (15) days before a meeting
of the Appeal Review Panel, each Panelist, including alternates, shall
receive a complete copy of the appellant’s record on appeal. (c) If any appellant has requested an appeal
hearing, it shall take place at the first meeting of the Appeal Review Panel
that is held more than twenty (20) days after the institution’s appeal
document is due. (d) At the Appeal Review Panel meeting,
following any hearing(s) and after the appellants are no longer present, the
Appeal Review Panel shall discuss the appellant’s record on appeal, oral
testimony, and answers to questions at the hearing, if any. (e) No members of the Commission or the
public shall be allowed in the meeting of the Appeal Review Panel unless
requested or required by the Panel.
However, both parties shall be allowed to have counsel present and one
or more staff members of NACCAS shall staff the Panel and be available
throughout the meeting of the Panel for purposes of clarification of the
Commission’s Standards and Criteria.
However, the staff shall not offer an opinion on the appeal. |
(a) All appeals shall be heard by an Appeal
Review Panel (b) The
Appeal Review Panel shall establish a meeting schedule for each calendar
year. The Panel shall meet at least twice a year, when there
are appeals pending, A majority of Panelists shall constitute a
quorum for any meeting of the Appeal Review Panel. (b) At least fifteen (15) days before a meeting
of the Appeal Review Panel, each Panelist (c) If any appellant has requested an appeal
hearing, it shall take place at the first meeting of the Appeal Review Panel
that is held more than twenty (20) days after the institution’s Appeal Document (d) At the Appeal Review Panel meeting,
following any hearing(s) and after the appellants are no longer present, the
Appeal Review Panel shall discuss the appellant’s record on appeal, oral
testimony, and answers to questions at the hearing, if any. (e) No members of the Commission or the
public shall be allowed in the meeting of the Appeal Review Panel unless
requested or required by the Panel.
However, both parties shall be allowed to have counsel present and one
or more staff members of NACCAS shall staff the Panel and be available
throughout the meeting of the Panel for purposes of clarification of the
Commission’s Standards and Criteria.
However, the staff shall not offer an opinion on the appeal. |
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Section
9.9 Appeal Hearing Procedures If
an appellant’s Letter of Intent to Appeal includes a request for an appeal
hearing, the school shall be heard as scheduled at the first Appeal
Review Panel meeting that takes place twenty (20) days
or more after the school’s appeal document was due. As a general proposition, forty-five (45)
minutes shall be allocated for an appeal presentation. The Chair of the Appeal Review Panel has the
authority to grant additional time for the hearing, if he or she believes
that it is needed. (a) The appeal hearing shall commence
with an opening statement by the Chair of the Appeal Review Panel, which
describes the applicable standard of review, and the procedures to be
followed at the hearing. (b) The appealing school's
representative(s) shall then make its presentation in support of the
appeal. (c) Any member of the Appeal Review
Panel may question the representative(s) of the school at any time during
the presentation,
including questions
into any issue concerning the school's compliance with NACCAS
Standards and Criteria and other accreditation requirements. (d) At the conclusion of the oral
argument, the hearing shall be adjourned. (e) The appeal panel has at its
discretion, the ability to accept new evidence, including evidence of
remediation, at the appeal hearing. |
Section
(a) The appeal hearing shall commence
with an opening statement by the Chair of the Appeal Review Panel, which
describes the applicable standard of review, and the procedures to be
followed at the hearing. (b) The appealing (c) Any member of the Appeal Review Panel, other than any Panelist required to recuse,
may question the representative(s) of the (d) At the conclusion of the oral
argument, the hearing shall be adjourned. (e) The |
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Section
9.10 Authority and
Recommendations of the Appeal Review Panel (a) The Appeal Review Panel has no
authority to waive or otherwise modify the NACCAS eligibility criteria,
Standards and Criteria, Rules of Practice and Procedures, policies, or
other accreditation requirements. (b) The Appeal Review Panel may either: (1) Affirm
the adverse accreditation decision of the Commission, in which case the
decision shall be final; or (2) Reverse
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section 9.10(c) of these Rules; or (3) Amend
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section 9.10(c) of these Rules; or (4) Remand
the adverse accreditation decision to the Commission for further
consideration, in which case the Commission shall reconsider the original
decision as provided in Section 9.10(d) of these Rules. In all cases,
the Appeal Review Panel shall provide the Commission with a written statement
of the result of the appeal and of the basis for that result, together with the record on appeal, including
the appeal document and appeal transcript. (c) If the Appeal Review Panel reverses
or amends the adverse accreditation decision, the Commission shall implement
the Appeal Review Panel’s decision in a manner consistent with the Panel’s
decision and (if applicable) instructions, and with the Commission’s
accreditation Standards and these Rules. (d) If the Appeal Review Panel remands
the adverse accreditation decision to the Commission for further
consideration, it shall provide the Commission with a written statement
identifying specific issues that the Commission must address in rendering its
final decision. In undertaking its
reconsideration of a decision remanded by the Appeal Review Panel, the
Commission shall act in a manner consistent with the Panel’s decision and
instructions (including with respect to the addressing the specific issues
identified by the Panel), and with the Commission’s accreditation Standards
and these Rules. A decision by the Commission upon a matter
remanded to it by the Appeal Review Panel shall be final and not subject to
further appeal. The Commission shall
send an official notification to the appellant in accordance with Section
8.17 of these Rules. (e) In
implementing any decision by the Appeal Review Panel, the Commission may
impose any monitoring, reporting or other limitations or obligations on the
accreditation of an institution consistent with these Rules and the decision
of the Appeal Review Panel. |
Section
(a) The Appeal Review Panel has no
authority to waive or otherwise modify the NACCAS eligibility criteria,
Standards and Criteria, Rules of Practice and Procedures, policies, or
other accreditation requirements. (b) The Appeal Review Panel may either: (1)
Affirm the adverse accreditation decision of the Commission, in which
case the decision shall be final; or (2) Reverse
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section (3) Amend
the adverse accreditation decision of the Commission, in which case the
Commission shall implement the decision of the Appeal Review Panel as
provided in Section (4) Remand
the adverse accreditation decision to the Commission for further
consideration, in which case the Commission shall reconsider the original
decision as provided in Section In all cases,
the Appeal Review Panel shall provide the Commission with a written statement
of the result of the appeal and of the basis for that result, together with the record on appeal, including
the (c) If the Appeal Review Panel reverses
or amends the adverse accreditation decision, the Commission shall implement
the Appeal Review Panel’s decision in a manner consistent with the Panel’s
decision and (if applicable) instructions, and with the Commission’s accreditation
Standards and these Rules. (d) If the Appeal Review Panel remands
the adverse accreditation decision to the Commission for further
consideration, it shall provide the Commission with a written statement
identifying specific issues that the Commission must address in rendering its
final decision. In undertaking its
reconsideration of a decision remanded by the Appeal Review Panel, the
Commission shall act in a manner consistent with the Panel’s decision and instructions
(including with respect to the addressing the specific issues identified by
the Panel), and with the Commission’s accreditation Standards and these Rules.
A decision by the Commission upon a matter remanded to it by the
Appeal Review Panel shall be final and not subject to further appeal. The Commission shall send an official
notification to the appellant in accordance with Section 8.17 of these Rules.
(e) In implementing any decision
by the Appeal Review Panel, the Commission may impose any monitoring,
reporting or other limitations or obligations on the accreditation of an
institution consistent with these Rules and the decision of the Appeal Review
Panel. (f) In the event that the Commission
determines that it is incapable of implementing the Appeal Review Panel’s
decision in a manner consistent with the Commission’s accreditation Standards
and these Rules because the Appeal
Review Panel has exceeded the limitations to its authority under Section
9.7(a) of these Rules by waiving or otherwise modifying the NACCAS
eligibility criteria, Standards and Criteria, Rules of Practice and Procedures, policies, or other
accreditation requirements, the Commission shall remand the decision to the
Appeal Review Panel and the Appeal Panel shall render a decision consistent
with such eligibility criteria, Standards and Criteria, Rules of Practice and Procedures, policies, and/or other
accreditation requirement. |
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Section
9.11 Record of Appeal Hearing The Appeal
Review Panel shall record or stenographically transcribe the appeal hearing
before it. A transcript of the hearing shall be provided to the school upon
written request and payment of a reasonable charge for transcription costs. |
Section
The Appeal
Review Panel shall record or stenographically transcribe |
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Section
9.12 Expenses
of Appeal (a) The expenses incurred in the
development and presentation of its appeal shall be borne exclusively by the
institution filing the appeal, including the appeals fee as indicated in
Appendix #2 to these Rules. (b) The expenses involved in the
arrangements for the location of the meeting of the Appeal Review Panel shall
be borne by NACCAS. |
Section
(a) The expenses incurred in the
development and presentation of its appeal shall be borne exclusively by the
institution filing the appeal, including the appeals fee as indicated in
Appendix #2 to these Rules. (b) The expenses involved in the
arrangements for the location of the meeting of the Appeal Review Panel shall
be borne by NACCAS. |
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Not
applicable. |
Sub-Part C – Appeal Review Panel
Section 9.10
Function of Appeal Review Panel
The purpose of the Appeal Review Panel is to
review the Appeal Document (if any) submitted by the appellant institution,
conduct an appeal hearing (if requested by the appellant), and render a
decision on the appeal, in accordance with Section 9.5 through Section 9.7 of
these Rules. |
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Not
applicable. |
Section 9.11
Composition of Appeal Review Panel The Appeal Review Panel shall consist of seven
(7) Panelists, of which: (a)
Four (4) Panelists shall satisfy the qualifications set forth in
NACCAS’ By-Laws for a Commissioner representing schools in fields of
training within NACCAS’ scope; (b)
One (1) Panelist shall satisfy the qualifications set forth in NACCAS’
By-Laws for a Commissioner representing professional services
operations in fields within NACCAS’ scope; (c)
One (1) Panelist shall satisfy the qualifications set forth in NACCAS’
By-Laws for an academic Commissioner; and (d)
One (1) Panelist shall satisfy the qualifications set forth in NACCAS’
By-Laws for a Commissioner representing the public interest. |
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Not
applicable. |
Section 9.12
Qualifications of Panelists (a)
In addition to satisfying the qualifications for the category of
Panelist to which he or she is appointed (as set forth in Section 9.11
above), each Panelist must (i) have signed an agreement to abide by the
NACCAS Code of Ethics (including, without limitation, an agreement to disavow
from discussion or voting on any matter where a conflict of interest exists)
and (ii) either (x) have attended a NACCAS accreditation workshop within the
previous three (3) years or (y) have signed an agreement to attend a NACCAS
accreditation workshop prior to the first meeting of the Appeal Review Panel
on which he or she will serve. (b)
No sitting Commissioner may serve on an Appeal Review Panel, nor may
any former Commissioner serve on an Appeal Review Panel until at least one
(1) year after his or her term as Commissioner has ended. (c)
No two people from the same business entity may be appointed to serve
simultaneously on the Appeal Review Panel. (d)
No Panelist may be appointed to more than two consecutive full terms
on the Appeal Review Panel. For
purposes of this Section, a replacement Panelist who serves a partial term of
less than one calendar year is not deemed to have served a full term. A Panelist who is disqualified from
reappointment on account of serving two consecutive full terms shall remain
disqualified for the three (3) years immediately following his or her last
full term of service. |
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Not
applicable. |
Section 9.13
Selection of Panelists (a)
Each year, the Commission shall solicit, by public notice,
applications from interested and qualified parties to replace Panelists whose
terms of appointment will expire on December 31 of that year. (b)
The Commission may, in its discretion, appoint a committee for the
purpose of reviewing applications and making recommendations for appointment
to the Commission. (c)
Not later than December 31 of each year, the Commission shall review
the applications received by NACCAS and make appointments to the Panel from
the list of applicants whose applications show that they meet the
qualifications for Panelists set forth in Section 9.11 and Section 9.12
above. Panelists shall be appointed by
vote of the Commission. Appointments
shall be publicly announced and the list of Panelists shall be available on
the NACCAS web site. |
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Not
applicable. |
Section
9.14 Term of Panelists; Resignation
and Removal; Vacancy (a)
Each Panelist shall be appointed for a three (3) year term; provided,
however, that of the first seven (7) Panelists appointed pursuant to Section
9.13 of the Rules, two (2) Panelists (selected by lot) shall be
appointed for a one (1) year term and two (2) Panelists (selected by lot)
shall be appointed for a two (2) year term.
Except in the case of a Panelist appointed to fill an interim vacancy
(whose term shall begin immediately upon appointment), each Panelist’s term
shall commence on January 1, immediately following his or her
appointment. Each Panelist shall serve
until his or her term expires, or until his or her resignation or removal, as
provided in these Rules. (b)
At each meeting of the Appeal Review Panel, each Panelist shall attest
that he or she continues to satisfy the qualifications for the category of
Panelist for which he or she was appointed.
If the Panelist cannot do so, he or she shall resign immediately. Any Panelist who is absent from two (2)
consecutive meetings of the Appeal Review Panel shall be deemed to have
resigned his or her seat on the Panel.
(c)
The Executive Committee shall have the power to remove from office any
Panelist who, in the determination of the Executive Committee, (1) has ceased
to satisfy the qualifications for the category of Panelist for which he or
she was appointed or (2) has violated his or her obligations under these Rules
and/or the Code of Ethics. (d)
In the event of any vacancy on the Appeal Review Panel, the Executive
Committee shall appoint a replacement Panelist to serve the remainder of the
term of the Panelist who is being replaced.
The replacement Panelist must satisfy all of the qualifications for
the same category of Panelist (e.g., school owner, academic, professional services
or public interest representative) as the Panelist he or she is replacing. |
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Not
applicable. |
Section 9.15
Objections to Appeal Review Panel (a)
Each institution that has appealed an adverse action of the Commission
pursuant to Error! Reference source not found.
of these Rules shall be notified, in writing, whether its appeal will
be heard (i) in the then-current calendar year or (ii) in the following
calendar year. Institutions whose
appeals will be heard in the then-current calendar year may, within ten (10)
days from receipt of such written notification, submit to NACCAS, in writing,
the name(s) of any Panelist(s) the institution believes is prevented by a
conflict of interest from hearing the institution’s appeal. Institutions whose appeals will be heard in
the following calendar year shall be notified in writing when the Panelists
for the following year have been selected, and may object, in writing, to any
such Panelists within ten (10) days of receipt of such notice. (b)
An appellant objecting to a Panelist must indicate in writing the
specific violations of the NACCAS Conflict of Interest Policy that require
the challenged Panelist to recuse from consideration of the institution’s
appeal. In the event that the
challenged Panelist does not voluntarily recuse, the remaining Panelists, by
majority vote, shall determine whether the institution has shown good cause
for requiring such recusal, and the challenged Panelist shall abide by the
decision of the Panel. |
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Not
applicable. |
Section 9.16
Special Panelists (a)
In the event that more than four (4) Panelists are required to recuse
from any institution’s appeal, the Executive Committee shall appoint one (1)
or more Special Panelists solely for purposes of hearing the affected institution’s
appeal. The Special Panelist(s) must
meet the qualifications for a panelist set forth in these Rules, other
than the compositional requirements set forth in Section 9.11. (b)
The affected institution shall be notified in writing of any Special
Panelists appointed to hear its appeal, and shall have five (5) days to
object to any such Special Panelists, on the terms set out in Section
9.15. The appointment and objection
process described in this Section 9.16 shall continue until there shall be at
least three (3) Panelists (including Special Panelists) not disqualified from
hearing the institution’s appeal. (c)
Where
necessary to permit the appointment and objection period described above to
be completed in a timely manner, the Appeal Review Panel shall defer
consideration of the objecting institution’s appeal to a special meeting
called specifically for that purpose.
Such special meeting shall be held not later than thirty (30) days
following the final selection of Special Panelists and, unless the appellant
has requested an appeal hearing at which a representative of the institution
will make a personal appearance, such special meeting may (in the Panel’s
discretion) be a telephonic meeting. |
|
The
Commission proposes to amend Section 10.1 of
NACCAS’ Rules of Practice and
Procedure to reduce the public comment period for schools seeking
accreditation from 45 to 15 days. |
||
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Current Language |
Proposed Change |
Change
/ Rationale |
|
Section 10.1 The Commission
encourages all interested parties to submit written comments concerning
proposed changes in the Commission's Standards, requirements, and procedures
or comments pertaining to schools seeking accredited status, published
pursuant to Section 10.0 of these Rules. Schools shall have forty-five (45) calendar
days to submit such comments unless a longer comment period is specified by
the Commission. The Commission shall
not be required to consider comments received after the published comment
deadline. |
Section 10.1 The Commission
encourages all interested parties to submit written comments concerning
proposed changes in the Commission's Standards, requirements, and procedures
or comments pertaining to schools seeking accredited status, published
pursuant to Section 10.0 of these Rules. Unless
a longer comment period is specified by the Commission, interested parties
shall have fifteen (15) calendar days to submit such comments with respect to
schools seeking accredited status, and forty-five (45) calendar days to
submit comments relating to all other matter,
|
A
“notice + 45-day” comment period is inconsistent with the Commission’s
current timetable for processing certain applications for accreditation, such
as applications for provisional branch accreditation. |
The
Commission proposes to amend Appendix #7A to NACCAS’
Rules of Practice and Procedure to
provide that schools are not required to submit floor plans with
applications for the addition of teacher training programs. |
||
|
Current Language |
Proposed Change |
Change
/ Rationale |
|
VIII.
INSTRUCTIONAL SPACE AND FACILITIES Yes No N/A O/A 2. Institutional space is equipped to accommodate the numbers of
students assembled at one time. Describe how the institution’s space
is equipped to accommodate the number of students assembled at one time. Provide an explanation of any changes that
have occurred or will occur to the space, facilities or equipment with regard
to the new program. Submit as an
exhibit at the end of the Standard a floor plan and a description of the
facilities provided for the program. |
VIII.
INSTRUCTIONAL SPACE AND FACILITIES Yes No N/A O/A 2. Institutional space is equipped to accommodate the numbers of
students assembled at one time. Describe how the institution’s space
is equipped to accommodate the number of students assembled at one time. Provide an explanation of any changes that
have occurred or will occur to the space, facilities or equipment with regard
to the new program. Submit as an
exhibit at the end of the Standard a floor plan and a description of the
facilities provided for the program. (Note: This requirement does not apply to the
addition of a teacher training program.) |
|
The
Commission proposes to amend the NACCAS Code of Ethics to provide that NACCAS
staff should report potential conflicts of interest to the Executive
Director, rather than the Chairman of the Board of Commissioners, unless the
alleged conflict involves the Executive Director. |
||
|
Current Language |
Proposed Change |
Change
/ Rationale |
|
3. CONFLICT OF INTEREST - A conflict of
interest exists when the duty of loyalty to NACCAS, including the furtherance
of its objects and purposes as set forth in its Articles of Incorporation and
By-laws, can be prejudiced by actual or potential personal benefit from
another source. Each commissioner,
officer, and employee is expected to avoid any investment, interest or
association which interferes with the independent exercise of judgment in the
best interest of NACCAS and those persons for whose benefit NACCAS was
formed. Disclosures of personal
interests or other circumstances which might constitute conflicts of interest
are to be reported promptly by the commissioner, officer, or employee to the
Chairman of NACCAS for resolution in the manner best suited to the interests
of NACCAS and such individual. |
3. CONFLICT OF INTEREST - A conflict of
interest exists when the duty of loyalty to NACCAS, including the furtherance
of its objects and purposes as set forth in its Articles of Incorporation and
By-laws, can be prejudiced by actual or potential personal benefit from
another source. Each commissioner,
officer, and employee is expected to avoid any investment, interest or association
which interferes with the independent exercise of judgment in the best
interest of NACCAS and those persons for whose benefit NACCAS was
formed. Disclosures of personal
interests or other circumstances which might constitute conflicts of interest
are to be reported promptly |
The
Commission believes that staff issues and concerns (other than those
involving the Executive Director) should be initially reported to the
Executive Director rather than the Board of Commissioners. |
The
Commission proposes to amend NACCAS’ Handbook to clarify that the NACCAS Code of Ethics and the Master Statement of NACCAS’ Investment
Policy and Objectives are not part of the NACCAS By-Laws. |
||
|
Current Language |
Proposed Change |
Change
/ Rationale |
|
|
No change in language is proposed. The NACCAS Code of Ethics and the Master Statement of NACCAS’ Investment
Policy and Objectives will appear as separate documents in future
Handbooks. |
|
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