Keams

*46 ORDER

The Memorandum disposition filed December 6, 1996, is redesignated an authored Opinion by Judge Joseph T. Sneed.

OPINION

Appellants, plaintiffs below, are Native American students who attended Tempe Technical Institute (TTI) and took out federally-guaranteed student loans. Appellees, the Bureau of Health Education Schools/Programs (“ABHES”) and the Accrediting Commission of Career Schools and Colleges of Technology (“ACCSCT”), 1 are nationally recognized accrediting agencies that accredited TTI. Appellants allege that ABHES and ACCSCT acted negligently by accrediting TTI. The district court dismissed this claim for failure to state a claim upon which relief can be granted. We have jurisdiction, 28 U.S.C. § 1291 , and affirm.

I.

Rule 12(b) of the Federal Rules of Civil Procedure provides, in relevant part, as follows:

When appellees filed their 12(b)(6) motions to dismiss, they attached exhibits describing their accreditation procedures and standards for accreditation. The district court did not exclude these exhibits. Accordingly, appellants claim that the district court should have treated appellees’ 12(b)(6) motions as motions for summary judgment.

This court…