,,ii #aadth ,,congress #b;d ,session ,s4 #cchj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bb1 #bjaf,ms4 ,warren 7for herself1 ,mr4 ,durbin1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to provide for accreditation reform1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accreditation ,reform and ,enhanced ,accountability ,act of #bjaf4 #b4 ,purpose ,the purpose of this ,act is to improve the effectiveness of recognized accreditation as an eligibility requirement for ,federal education funding and to increase the accountability of institutions of higher education for student outcomes4 #c4 ,recognition of accrediting agency or association ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in subsection 7g7-- 7,a7 in the subsection heading1 by striking ,limitation on2 7,b7 by striking ,nothing in this section shall be construed to permit the ,secretary to establish any criteria that specifies1 defines1 or prescribes the standards that accrediting agencies or associations shall use to assess any institution's success with respect to student achievement42 and 7,c7 by adding at the end the following3 ,nothing in this section shall prohibit the ,secretary from establishing regulations regarding the criteria for accrediting agencies or associations that are required under this section1 including criteria or standards with respect to student achievement1 or from establishing differentiated recognition processes for accrediting agencies or associations4 ,nothing in this section shall be construed to permit the ,secretary to establish any regulation that limits the academic freedom of an institution of higher education1 such as any criterion that specifies1 defines1 or prescribes curriculum or instruction42 and 7#b7 in subsection 7o71 by striking ,notwithstanding any other provision of law1 the ,secretary shall not promulgate any regulation with respect to the standards of an accreditation agency or association described in subsection 7a77#e744 #d4 ,accreditation standards ,section #dif7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking of student achievement and inserting for the effectiveness of accrediting agencies or associations2 7#b7 in paragraph 7#d77;,a71 by striking the stated objective for which the courses or the programs are offered and inserting the objectives for which courses or programs of this type are offered2 and 7#c7 in paragraph 7#e7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking assess the institution's and inserting meet the criteria established by the ,secretary with respect to such standards and assess and make accreditation determinations based on the institution's2 7,b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 outcomes and success with respect to student achievement in relation to the institution's mission1 according to standards determined by the ,secretary1 and data provided by the ,secretary to accrediting agencies or associations1 including retention rate1 graduation and course completion rates1 cohort default rate1 repayment rate1 transfer rate1 student earnings after graduation1 and job placement rates1 professional and vocational certification and licensing examination pass rate1 as applicable1 and additional measures of student achievement1 as determined by the ,secretary2 2 7,c7 by striking subparagraph 7,e7 and inserting the following3 7,e7 affordability1 such as average net price and changes in tuition and fees2 2 7,d7 in subparagraph 7,i7-- 7i7 by inserting and any actions taken against the institution by any ,state or the ,federal ,government1 including ongoing investigations1 lawsuits that have survived motions to dismiss1 settlements1 or any judgments against the institution in a ,state or ,federal court after the agency or association2 and 7ii7 by striking and after the semicolon2 7,e7 by striking subparagraph 7,j7 and inserting the following3 7,j7 record of compliance with its program responsibilities under this title based on information the ,secretary may provide to the agency or association2 and 2 and 7,f7 by inserting after subparagraph 7,j7 the following3 7,k7 enrollment levels of students receiving ,federal ,pell ,grants2 4 #e4 ,minimum baseline threshold ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7 is amended by adding at the end the following3 7r7 ,minimum baseline threshold 7#a7 ,in general ,in order to be recognized by the ,secretary as a reliable authority as to the quality of education or training offered by an institution of higher education seeking to participate in the programs authorized under this title1 an accrediting agency or association shall require that each institution of higher education subject to its jurisdiction meet or exceed the baseline thresholds established by the ,secretary pursuant to paragraph 7#c7 for the student achievement measures described in paragraph 7#b7 not less than #b out of #c consecutive years1 in order to remain accredited by the agency or association4 7#b7 ,student achievement measures ,the student achievement measures required under this subsection shall be each of the following3 7,a7 ,the graduation rate1 as defined by the ,secretary through regulations1 of the institution of higher education1 for the most recent year or years for which data are available1 for all students attending the institution4 7,b7 ,the #c-year cohort default rate1 calculated for the most recent year for which data are available1 for all individuals who entered repayment on any ,federal ,direct ,loan received for attendance at the institution during the applicable year 7as determined in accordance with section #dce7m774 7,c7 ,the #e-year cohort repayment rate1 as defined by the ,secretary through regulations1 calculated for the most recent year for which data are available1 for all individuals who entered repayment on any ,federal ,direct ,loan received for attendance at the institution during the applicable year4 7,d7 ,any other measure1 as determined by the ,secretary through regulation1 in consultation with the ,commissioner of the ,national ,center for ,education ,statistics4 7#c7 ,baseline thresholds ,the ,secretary shall1 through regulations1 establish a baseline threshold for each of the student achievement measures described in paragraph 7#b7 in relation to the institution's mission4 7#d7 ,student achievement data ,the ,secretary shall annually provide the necessary student achievement data to accrediting agencies or associations to carry out this subsection4 7#e7 ,rule of construction ,nothing in this subsection shall be construed as prohibiting an accrediting agency or association from assessing institutions of higher education using a holistic review of student achievement1 which may include measures and thresholds beyond what is required by this subsection1 or in subsection 7a77#e77;,a71 for the purposes of continuous institutional improvement4 4 #f4 ,accreditation reviews ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 as amended by section #e1 is further amended by adding at the end the following3 7s7 ,accreditation reviews 7#a7 ,standard reviews ,in order to be recognized by the ,secretary as a reliable authority as to the quality of education or training offered by an institution of higher education seeking to participate in the programs authorized under this title1 an accrediting agency or association shall-- 7,a7 require that each institution of higher education subject to its jurisdiction undergo a standard accreditation review at regular intervals as determined by the agency or association1 and before the agency or association first provides accreditation to such institution2 and 7,b7 conduct the standard accreditation review and make accreditation determinations based on the standards described in subsection 7a77#e74 7#b7 ,enhanced accreditation reviews 7,a7 ,in general ,in order to be recognized by the ,secretary as a reliable authority as to the quality of education or training offered by an institution of higher education seeking to participate in the programs authorized under this title1 an accrediting agency or association shall carry out an enhanced accreditation review of an institution of higher education subject to its jurisdiction-- 7i7 immediately after the agency or association learns-- 7,i7 that the institution is the subject of an investigation1 settlement1 or adverse judgment by a ,federal authority 7other than the ,department7 or a ,state for a violation relating to fraud or abuse1 deceptive practices1 or material harm to students enrolled1 or previously enrolled1 at the institution2 or 7,,ii7 of any other situation or factor required by the ,secretary through regulations promulgated under this section that relate to the student achievement measures described in subsection 7r72 7ii7 if the agency or association has reason to believe that the institution is failing to meet its program responsibilities under this title or is engaged in fraud or abuse1 deceptive practices1 or material harm to students enrolled1 or previously enrolled1 at the institution2 or 7iii7 at any other time the agency or association determines necessary1 as outlined in the agency or association's standards4 7,b7 ,content of an enhanced accreditation review ,for each enhanced accreditation review required under subparagraph 7,a7-- 7i7 the accrediting agency or association may consider any of the factors that it considers during a standard accreditation review2 7ii7 the accrediting agency or association shall-- 7,i7 investigate the issue that triggered the enhanced accreditation review2 and 7,,ii7 determine if the accreditation of the institution should be withdrawn or suspended1 or if any other action should be taken2 and 7iii7 the institution shall be required to make additional disclosures1 as determined by the ,secretary through regulations promulgated under this section1 to the students attending the institution and to the public4 7,c7 ,review reporting requirements ,an accrediting agency or association that conducts an enhanced accreditation review under this paragraph shall make available to the public on the agency or association's website and submit to the ,secretary1 the appropriate ,state licensing or authorizing agency1 and the appropriate ,state ,attorney ,general-- 7i7 when the agency or association initiates the enhanced accreditation review and the reason for conducting the enhanced accreditation review2 7ii7 at the conclusion of the enhanced accreditation review1 the information obtained by the agency or association as part of the enhanced accreditation review1 including the institution's performance on the student achievement measures1 to the extent required by the ,secretary through regulations promulgated under this section2 and 7iii7 at the conclusion of the enhanced accreditation review1 the outcome of the enhanced accreditation review and an explanation of the reasons for any actions taken as a result of the enhanced accreditation review4 4 #g4 ,accreditation agency action ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 as amended by sections #e and #f1 is further amended by adding at the end the following3 7t7 ,accreditation agency action 7#a7 ,in general ,in order to be recognized by the ,secretary as a reliable authority as to the quality of education or training offered by an institution of higher education seeking to participate in the programs authorized under this title1 an accrediting agency or association shall agree to take action1 as described in paragraph 7#b71 with respect to an institution of higher education subject to its jurisdiction if any of the following occur3 7,a7 ,change in ownership of the institution4 7,b7 ,rapid change in size of student population at the institution1 as defined by the ,secretary in regulations promulgated under this section4 7,c7 ,any notification by the ,secretary to the agency or association of poor financial health1 including-- 7i7 a lowering in the credit rating provided to the institution by a credit rating agency 7as defined in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a7772 and 7ii7 any other indicator of financial weakness as defined by the ,secretary1 which may include heightened cash monitoring or the requirement to post a letter of credit4 7,d7 ,any substantive change to the institution's programs or locations4 7,e7 ,any other event determined appropriate by the ,secretary through regulations promulgated under this section4 7,f7 ,any other event determined by the accrediting agency or association4 7#b7 ,actions ,the actions that may be taken by an accrediting agency or association under this paragraph are the following3 7,a7 ,an enhanced accreditation review4 7,b7 ,formal accrediting action taken by the agency or association1 such as a compliance assessment or the imposition of formal conditions on accreditation that occurs separate from the standard accreditation reviews4 7,c7 ,a formal request for additional information4 7,d7 ,a recommendation that the institution carefully monitor and report to the accrediting agency or association factors relating to the event described in paragraph 7#a71 or put into place appropriate controls or improvement strategies relating to such event4 7,e7 ,other actions determined appropriate by the accrediting agency or association4 4 #h4 ,operating procedures 7a7 ,notification ,section #dif7;a77#g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77#g77 is amended-- 7#a7 by striking the ,secretary and the appropriate ,state licensing or authorizing agency within #cj days and inserting the ,secretary1 the appropriate ,state licensing or authorizing agency1 and the appropriate ,state ,attorney ,general1 within #cj days2 and 7#b7 by striking adverse and inserting negative4 7b7 ,availability to the public ,section #dif7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7c77 is amended-- 7#a7 in paragraph 7#g7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking makes available to the public and the ,state licensing or authorizing agency1 and submits to the ,secretary1 a summary of agency or association actions and inserting makes available to the public on the agency or association's website and submits to the ,secretary1 the appropriate ,state licensing or authorizing agency1 and the appropriate ,state ,attorney ,general1 and other relevant agencies1 which may include the ,bureau of ,consumer ,financial ,protection1 the ,federal ,trade ,commission1 the ,department of ,defense1 and the ,department of ,veterans ,affairs1 as appropriate1 a summary of and justification for the final decision issued to the institution regarding each accreditation action2 and 7,b7 in subparagraph 7,c71 by striking adverse action taken with respect to an institution or placement on probation of an institution and inserting negative action taken1 including an order to show cause1 with respect to an institution1 or placement on probation of an institution2 7#b7 in paragraph 7#h71 by striking and after the semicolon2 and 7#c7 by adding at the end the following3 7#aj7 turns over to the ,secretary all accreditation documents of an institution that closes2 and 4 #i4 ,conflict of interest ,section #dif7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7a77 is amended-- 7#a7 in paragraph 7#g71 by striking and after the semicolon2 7#b7 in paragraph 7#h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#i7 such agency or association prohibits an individual-- 7,a7 from participating in any review or decision making role in any part of the agency's or association's accreditation process1 including service on the agency's or association's commission or governing board and reviewing or deciding on accreditation policies or the accreditation status of institutions or programs1 if the individual1 or a family member of the individual 7as defined by the ,secretary7-- 7i7 is an administrative officer of an institution of higher education accredited by or seeking accreditation from such agency or association2 7ii7 has a financial stake in any institution of higher education 7other than as an employee71 including as an investor1 bondholder1 creditor1 vendor1 or contractor2 7iii7 has a fiduciary responsibility to an institution of higher education accredited by or seeking accreditation from such agency or association2 7iv7 is a federally registered lobbyist2 or 7v7 is ineligible to participate under regulations prescribed by the ,secretary based on affiliation with an institution that has a history of administrative or legal action brought on behalf of students or taxpayers1 or that currently faces such action1 or that closed without providing equitable treatment of students2 and 7,b7 from participating in any review or decision making role in any part of the agency's or association's accreditation process with respect to a particular institution or program1 if the individual1 or a family member of the individual 7as defined by the ,secretary71 is an employee or was an employee in the preceding #c years of the institution or program4 4 #aj4 ,accreditation agency accountability 7a7 ,in general ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7 is amended-- 7#a7 in subsection 7l77#a7-- 7,a7 in subparagraph 7,a71 by striking or after the semicolon2 7,b7 in subparagraph 7,b77ii71 by striking the period at the end and inserting 2 or2 and 7,c7 by adding at the end the following3 7,c7 impose a fine if the agency or association failed to notify the ,secretary when the agency or association had reason to believe an institution of higher education was failing to meet its program responsibilities under this title or was engaged in fraud or abuse1 deceptive practices1 or material harm to students enrolled1 or previously enrolled1 at the institution1 or failed to take action under subsection 7t77#b7 for such an institution4 2 and 7#b7 in subsection 7n7-- 7,a7 in paragraph 7#c7-- 7i7 in the first sentence1 by inserting or any institution that the agency or association accredits before the period at the end2 7ii7 by inserting after the first sentence the following3 ,the ,secretary shall conduct a performance-based review and make a holistic judgment regarding whether the accrediting agency or association is a reliable authority on the quality of postsecondary education1 including the quality of the agency's or association's processes to accurately assess outcomes and success with respect to student achievement of the institutions the agency or association accredits to deliver a quality education consistent with the missions of the institutions1 and the effectiveness1 timeliness1 and consistency of the accrediting agency or association in addressing the standards in subsection 7a742 and 7iii7 by striking ,the ,secretary shall not1 under any circumstances1 base decisions on the recognition or denial of recognition of accreditation agencies or associations on criteria other than those contained in this section42 and 7,b7 by adding at the end the following3 7#e7 7,a7 ,not later than #cj days after a finding by a ,federal or ,state agency or court of law that an institution of higher education has violated a ,federal or ,state law related to fraud or abuse1 deceptive practices1 materially harmed students enrolled1 or previously enrolled1 at the institution of higher education1 breached its fiduciary duty to the ,department under this title1 been the subject of a settlement or lawsuit that has survived a motion to dismiss by a ,state or ,federal entity related to fraud or abuse or deceptive practices1 or filed for bankruptcy1 the ,secretary shall carry out the following3 7i7 ,initiate a review of the accrediting agency or association that accredited the institution to determine if the accrediting agency or association failed to effectively apply the criteria in this section1 or is otherwise not in compliance with the requirements of this section1 and1 if the accrediting agency or association is not in compliance1 shall initiate action pursuant to subsection 7l7 to take any or all of the following actions3 7,i7 ,limit1 suspend1 or terminate recognition of the agency or association4 7,,ii7 ,require the agency or association to take appropriate action4 7,,iii7 ,impose a fine for noncompliance4 7ii7 ,make publicly available the initiation of the review and outcome4 7,b7 ,the ,office of ,inspector ,general of the ,department shall review1 on an annual basis1 the ,secretary's actions under this subsection1 along with findings by the ,secretary and provide recommendations on appropriate fines or actions 7including withdrawing approval or recognition of the accrediting agency or association7 against an accrediting agency or association sanctioned under this section to the ,secretary and appropriate ,department staff4 7,c7 ,the ,office of ,inspector ,general of the ,department shall provide a report that is made available to the public and provide a copy to the ,national ,advisory ,committee on ,institutional ,quality and ,integrity1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and the ,committee on ,education and the ,workforce of the ,house of ,representatives on the review under subparagraph 7,b74 7,d7 ,any monetary penalty or payment assessed by an accrediting agency or association on institutions of higher education subject to the jurisdiction of the agency or association as a result of a fine imposed under this paragraph shall be assessed equally to each institution subject to the jurisdiction of the agency or association4 4 #aa4 ,credit transfer agreement ,section #dif7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7c771 as amended by section #h7;b71 is further amended by adding at the end the following3 7#aa7 7,a7 not later than #d years after the date of enactment of the ,accreditation ,reform and ,enhanced ,accountability ,act of #bjaf1 requires that each institution subject to the jurisdiction of the agency or association have a credit transfer agreement with all other institutions accredited by the agency or association that provides for the transfer of credit earned for all general education courses and for courses required as part of substantially similar programs2 and 7,b7 confirms1 as a part of the accreditation or reaccreditation review conducted by the agency or association1 that the institution has transfer of credit policies that-- 7i7 meet the requirements of subparagraph 7,a72 7ii7 are publicly disclosed2 and 7iii7 include a statement of the criteria established by the institution regarding the transfer of credit earned at another institution of higher education4 4 #ab4 ,accreditation disclosure 7a7 ,accreditation disclosure system ,part ,g of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhh et seq47 is amended by adding at the end the following3 #dic;,e4 ,accreditation disclosure system 7a7 ,in general ,not later than #ah months after the date of enactment of the ,accreditation ,reform and ,enhanced ,accountability ,act of #bjaf1 the ,secretary shall design and establish standards for standardized online accreditation disclosures by institutions of higher education that participate in any program under this title4 ,the ,secretary shall require each such institution of higher education to-- 7#a7 display1 prominently on the institution's website1 a standard form of disclosure of the institution's accreditation status1 designed by the ,secretary1 including whether the status is under appeal2 7#b7 regularly update such display as its accreditation status changes2 and 7#c7 include a link from such display1 including on the homepage of the institution's website1 to any applicable supporting public documentation relating to the institution's accreditation status1 including correspondence to and from the accrediting agency or association4 7b7 ,accreditation terminology ,the ,secretary shall work with accrediting agencies and associations to establish by regulation common definitions for the various accreditation statuses and actions taken by accrediting agencies and associations1 for use by such agencies and associations in all public documents and reporting to the ,secretary1 ,state licensing or authorizing agency1 and ,state ,attorneys ,general4 7c7 ,coordination ,in developing the system described in subsection 7a71 the ,secretary shall consult with the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives1 other ,federal agencies1 student and consumer advocacy groups1 institutions of higher education1 accrediting agencies and associations1 and other entities determined appropriate by the ,secretary4 7d7 ,accreditation status ,in this section1 the term accreditation status means-- 7#a7 the issuance of any order to show cause2 7#b7 the initiation of an enhanced accreditation review under this ,act and any action taken as a result of such review2 7#c7 any action taken pursuant to section #dif7t77#b72 7#d7 any other action taken by an accrediting agency or association1 as described in subparagraph 7,a71 7,b71 or 7,c7 of section #dif7;c77#h72 and 7#e7 any other factor determined appropriate by the ,secretary through regulation4 7e7 ,transparency ,not later than #a year after the date of enactment of the ,accreditation ,reform and ,enhanced ,accountability ,act of #bjaf1 the ,secretary shall collect from accrediting agencies and associations and publish on a federally maintained website all final documents produced in the agencies' and associations' reviews of institutions of higher education1 including site-visit reports1 decision letters1 a list of members of the review committees1 and all other final documents that the ,secretary determines appropriate4 4 7b7 ,program participation agreement ,section #dhg7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid7;a77 is amended by adding at the end the following3 7#cj7 ,not later than #c years after the date of enactment of the ,accreditation ,reform and ,enhanced ,accountability ,act of #bjaf1 the institution will use1 prominently on the institution's website1 the standardized online accreditation disclosure system established by the ,secretary under section #dic;,e to-- 7,a7 disclose the accreditation status of the institution2 and 7,b7 update the disclosure within #dh hours of receiving notification from an accrediting agency or association of a change in accreditation status4 4 #ac4 ,differentiated accreditation status ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 as amended by sections #e1 #f1 and #g1 is further amended by adding at the end the following3 7u7 ,differentiated accreditation status 7#a7 ,in general ,solely for purposes of consumer information1 an accrediting agency or association may designate an institution of higher education that the agency or association accredits as accredited with distinction or accredited with risk according to definitions developed by the ,secretary under paragraph 7#b74 7#b7 ,designation definitions ,the ,secretary1 through regulation1 shall develop definitions of accredited with distinction and accredited with risk that an accrediting agency or association shall use in making designations under paragraph 7#a7 based on student achievement standards developed in accordance with subsection 7a77#e77;,a7 in relation to the institution of higher education's mission4 4 #ad4 ,teach-out plans ,section #dif7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7c771 as amended by sections #h and #aa1 is further amended-- 7#a7 by striking paragraph 7#c7 and inserting the following3 7#c7 7,a7 requires an institution to submit for approval to the accrediting agency or association a teach-out plan if-- 7i7 the accrediting agency or association acts to withdraw1 terminate1 or suspend the accreditation of the institution2 7ii7 the accrediting agency or association requires the institution to show cause for continued accreditation2 or 7iii7 the institution notifies the accrediting agency or association that the institution intends to cease operations2 7,b7 requires an institution to-- 7i7 submit for approval to the accrediting agency or association a teach-out plan not later than #cj days after the date-- 7,i7 the ,department notifies the accrediting agency or association of an action against the institution pursuant to section #dhg7;f72 7,,ii7 the accrediting agency or association places the institution on probation or show cause1 or notifies the institution that the agency or association deems it a high-risk institution2 7,,iii7 the institution is required to post a ,letter of ,credit to the ,department of ,education2 7,,iv7 the institution is placed on ,heightened ,cash ,monitoring #b2 7,v7 the institution receives a failing ,financial ,responsibility ,composite ,score2 7,,vi7 the institution is subject to an enhanced accreditation review under subsection 7s77#b72 or 7,,vii7 the institution is at risk under regulations prescribed by the ,secretary for this purpose2 and 7ii7 regularly update and maintain the teach-out plan until such time as the ,secretary determines2 and 7,c7 does not approve a teach-out plan that includes a plan for the participation of any institution of higher education that is the subject of an investigation1 settlement1 or adverse judgment by a ,federal authority 7including the ,department7 or a ,state for a violation relating to fraud or abuse1 deceptive practices1 or material harm to students enrolled1 or previously enrolled1 at the institution2 2 7#b7 by redesignating paragraphs 7#d7 through 7#aa7 as paragraphs 7#e7 through 7#ab71 respectively2 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 with respect to private institutions1 ensures that sufficient funds have been1 or will be1 allocated to carry out all teach-out plans and agreements required under paragraph 7#c72 4 #ae4 ,jurisdiction ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 as amended by sections #e1 #f1 #g1 and #ac1 is further amended by adding at the end the following3 7v7 ,jurisdiction ,notwithstanding any other provision of law1 any civil action brought by any party regarding this section or implementing regulations1 or an institution of higher education seeking accreditation from1 or accredited by1 an accrediting agency or association recognized by the ,secretary for the purpose of this title and involving the denial1 withdrawal1 or termination of accreditation of the institution of higher education1 shall be brought in the appropriate ,united ,states district court4 4 #af4 ,change of accreditor ,section #dif7;h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b7h77 is amended to read as follows3 7h7 ,change of accrediting agency or association ,the ,secretary shall not recognize the accreditation of any otherwise eligible institution of higher education that is in the process of changing its accrediting agency or association1 including due to a change in ownership of the institution1 unless-- 7#a7 the institution submits for approval to the ,secretary all materials relating to the prior accreditation1 including materials that the ,secretary determines demonstrate reasonable cause for changing the accrediting agency or association2 7#b7 the institution received full reaccreditation from the prior accrediting agency or association during the #bd-month period preceding the date of the recognition2 and 7#c7 the institution was reaccredited under its prior accrediting agency or association's most recent accreditation standards4 4 #ag4 ,sense of congress ,it is the sense of ,congress that nothing in this ,act or the amendments made by this ,act limits the generally accepted principles of academic freedom of an institution of higher education or should be construed as providing authority to the ,secretary of ,education to limit that academic freedom4 #ah4 ,rules of construction2 student achievement data ,section #dif of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajii;b71 as amended by sections #e1 #f1 #g1 #ac1 and #ae1 is further amended by adding at the end the following3 7w7 ,differentiated accreditation processes ,nothing in this title shall be interpreted to prevent an accrediting agency or association from establishing differentiated accreditation processes for institutions based on risk4 7x7 ,applicability ,the provisions of this section shall apply to both institutional and programmatic accreditation that is a condition for an institution to be an eligible institution for the purposes of any program authorized under this title4 7y7 ,student achievement data 7#a7 ,in general ,the ,secretary shall provide the necessary student achievement data to accrediting agencies or associations needed to implement subsection 7a77#e77;,a74 7#b7 ,disaggregation ,to the extent practicable1 the data described in paragraph 7#a7 shall be provided to accrediting agencies or associations in a manner that can be disaggregated by ,pell ,grant recipients4 4