When discussing accreditation in the U.S., it is important that the concept of accreditation not be confused with the authority to operate. The authority to operate a school in the U.S. is granted by the each of the states individually. As the U.S. is federal republic, the authority of the U.S. Department of Education does not extend to authorizing schools to operate, to enroll students, or to award degrees. In addition, the U.S. Department of Education is not responsible for accreditation of institutions.
In the United States of America the accreditation of schools has long been established as a peer review process coordinated by accreditation commissions and the members, and predating the U.S. Department of Education by many decades. As noted the U.S. Department of Education itself, it does not accredit schools. These accreditation commissions are formed, funded, and operated by their members to create an academic community that is self-regulating.
With the advent of the U.S. Department of Education and under the terms of the Higher Education Act of 1965, as amended, the U.S. Secretary of Education is required by law to publish a list of nationally recognized accrediting agencies that the Secretary determines to be reliable authorities as to the quality of education or training provided by the institutions of higher education and the higher education programs they accredit. The federal government makes no distinction between accreditation bodies, giving all equal standing.