Relations With the U.S. Government, State Higher Education Agencies and Other State Offices

Policy Number: COMM.C.10.030

Federal Recognition. HLC shall participate in the recognition program mandated by federal law and conducted by the U.S. Department of Education, and it shall seek periodic continuance of its federal recognition. As required by law, HLC will notify the Department of any changes in the scope of its activities. 

Notification of Actions and Other Institutional Information. HLC will notify the U.S. Department of Education and state higher education agencies of accreditation actions taken by HLC’s Board of Trustees in accordance with the requirements set forth in the Notice of Accreditation Actions, Public Notices, and Public Statements policy

Other Communications With the Federal Government. HLC shall maintain regular communications and discussions with the U.S. Department of Education and other federal agencies about matters such as policies and procedures and concerns with respect to member institutions. HLC will respond to U.S. Department of Education inquiries regarding institutional eligibility for Title IV; on receipt, it will forward to the institution for comment claims from students, the public and others of Title IV fraud and abuse and other allegations related to Title IV; and it will share with the U.S. Department of Education clear evidence received from HLC evaluation teams, staff or other sources of possible Title IV fraud and abuse or failure to meet Title IV, HEA program responsibilities, along with a summary of HLC’s reasons for concern. With the exception of information about possible Title IV fraud and abuse or a specific request for confidentiality from the U.S. Department of Education, HLC will typically notify an institution when it provides information about it to the U.S. Department of Education but will consider each situation on a case-by-case basis to determine whether confidentiality is appropriate. 

Other Communications With State Entities. HLC shall maintain regular communications and discussions with state higher education agencies and other state offices about matters such as policies and procedures and concerns with respect to member institutions. If a state higher education agency or other state agency seeks written or other information about a current or previous member institution, or that has previously sought status with HLC, HLC may, in its discretion, forward that information to the state after receiving a written request. HLC may, but is not required to, consult with the member institution regarding the request. 

Consideration for the Decisions of and Information Provided by State Higher Education Agencies. HLC will base its accreditation decisions on its own requirements, policies and procedures. However, in determining whether an institution meets HLC requirements, HLC may consider actions of applicable state higher education agencies, with specific attention to issued or pending decisions by states to deny, suspend, revoke, withdraw or terminate legal authority to provide education in that state. HLC also requires that institutions will disclose such information to HLC as required by the Obligations of Membership. HLC may request information directly from a state higher education agency and include such information for review by an evaluation team considering an accrediting action. 

In considering a substantive change HLC shall request information from an institution regarding its authorization from the state related to the substantive change for which the institution is seeking approval or may request it directly from the state and take it into account in the accrediting action. 

Concurrent Visits With State Higher Education Agencies. If initiated by a member institution, HLC may conduct a visit concurrently with a state higher education agency. While the teams of the participating entities may coordinate their activities on campus, including information gathering, such representatives of a state higher education agency shall not participate in HLC team deliberations and any production of a team report will be done separately by each entity. 

Policy History

Last Revised: February 2021 
First Adopted: February 1996  
Revision History: Adopted February 1996, effective February 1996; revised February 1998, June 2008, February 2009, February 2010, February 2021 
Notes: Former policy number: 10.1, 10.1(a), 10.1(b). In February 2021, references to the Higher Learning Commission as “the Commission” were replaced with the term “HLC.” 

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