12 2 STA T .3 32 6PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8‘ ‘ (i)shal l not in c l ude cu r rent m em b ers o f the a g enc y’ s or association’s underlying decisionma k ing body that made the ad v erse decision
and ‘‘(ii) is sub j ect to a conflict of interest p olicy; ‘‘( D ) for the right to representation and participation by counsel for an institution or program during an appeal of the adverse action; ‘‘( E ) for a process , in accordance w ith written proce - dures developed by the agency or association, through which an institution or program, before a final adverse action based solely upon a failure to meet a standard or criterion pertaining to finances, may on one occasion seek review of significant financial information that was unavailable to the institution or program prior to the deter- mination of the adverse action, and that bears materially on the financial deficiencies identified by the agency or association; ‘‘( F ) in the case that the agency or association deter- mines that the new financial information submitted by the institution or program under subparagraph (E) meets the criteria of significance and materiality described in such subparagraph, for consideration by the agency or association of the new financial information prior to the adverse action described in such subparagraph becoming final; and ‘‘( G ) that any determination by the agency or associa- tion made with respect to the new financial information described in subparagraph (E) shall not be separately appealable by the institution or program . ’’; ( 2 ) in subsection (c) — ( A ) in paragraph ( 1 ), by inserting ‘‘, including those regarding distance education’’ after ‘‘their responsibilities’’; ( B ) by redesignating paragraphs (2) through ( 6 )as paragraphs ( 4 ) through ( 8 ); ( C ) by inserting after paragraph (1) (as amended by subparagraph (A)) the following
‘‘(2) monitors the growth of programs at institutions that are e x periencing significant enrollment growth; ‘‘( 3 )re q uires an institution to submit for approval to the accrediting agency a teach-out plan upon the occurrence of any of the following events: ‘‘(A) the Department notifies the accrediting agency of an action against the institution pursuant to section 48 7 (f); ‘‘(B) the accrediting agency acts to withdraw, termi- nate, or suspend the accreditation of the institution; or ‘‘(C) the institution notifies the accrediting agency that the institution intends to cease operations;’’; (D) by striking paragraph (7) (as redesignated by subparagraph (B)) and inserting the following: ‘‘(7) makes available to the public and the S tate licensing or authori z ing agency, and submits to the Secretary, a summary of agency or association actions, including— ‘‘(A) the award of accreditation or reaccreditation of an institution; ‘‘(B) final denial, withdrawal, suspension, or termi- nation of accreditation of an institution, and any findings
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