12 2 STA T .3 32 7PUBLIC LA W 11 0– 31 5— AU G .1 4, 200 8madeinco nnec t ion w it h the action ta k en , to g ethe r with the o f ficia l comment s of the affected instit u tion
and ‘ ‘ (C) an y other ad v erse action taken with res p ect to an institution or placement on pro b ation of an institution; ’ ’; ( E ) in paragraph ( 8 ) (as redesignated by subparagraph ( B )), by striking the period and inserting ‘‘; and’’; and ( F ) by adding at the end the following
‘‘( 9 ) confirms, as a part of the agency’s or association’s review for accreditation or reaccreditation, that the institution has transfer of credit policies — ‘‘( A ) that are publicly disclosed; and ‘‘(B) that include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education . ’’; ( 3 ) in subsection (g), by adding at the end the following: ‘‘ N othing in this section shall be construed to permit the S ec - retary to establish any criteria that specifies, defines, or pre- scribes the standards that accrediting agencies or associations shall use to assess any institution’s success with respect to student achievement.’’; ( 4 ) in subsection (o), by adding at the end the following: ‘‘Notwithstanding any other provision of law, the Secretary shall not promulgate any regulation with respect to the stand- ards of an accreditation agency or association described in subsection (a)( 5 ).’’; and (5) by adding at the end the following new subsection: ‘‘(p) RULEOF CO NSTR U C T I ON.—Nothing in subsection (a)(5) shall be construed to restrict the ability of— ‘‘( 1 ) an accrediting agency or association to set, with the involvement of its members, and to apply, accreditation stand- ards for or to institutions or programs that seek review by the agency or association; or ‘‘( 2 ) an institution to develop and use institutional stand- ards to show its success with respect to student achievement, which achievement may be considered as part of any accredita- tion review. ‘‘( q )RE V IE W OF SCO P EC HA N G ES.— T he Secretary shall require a review, at the ne x t available meeting of the National Advisory Committee on I nstitutional Q uality and Integrity, of any change in scope undertaken by an agency or association under subsection (a)(4)(B)(i)(II) if the enrollment of an institution that offers distance education or correspondence education that is accredited by such agency or association increases by 5 0 percent or more within any one institutional fiscal year.’’. SEC.496 .E LIG I B ILI TYAND CE R TI F ICATI O N P ROCED U RES. Section 498 (20 U .S.C. 1099c) is amended— (1) in subsection (d)(1)(B), by inserting ‘‘and’’ after the semicolon; and (2) by adding at the end the following: ‘‘(k) TREAT M ENT OF TEACH- O UTSATA D DITIONAL L OCATIONS.— ‘‘(1) IN GENERAL.—A location of a closed institution of higher education shall be eligible as an additional location of an eligible institution of higher education, as defined pursu- ant to regulations of the Secretary, for the purposes of a teach- out described in section 48 7 (f), if such teach-out has been approved by the institution’s accrediting agency.
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