“To modify the criteria for recognition of accrediting agencies or associations for institutions of higher education.”
No CRS summary available for this bill.
This section amends the criteria established by the Secretary of Education for recognizing accrediting agencies or associations as reliable authorities on the quality of education or training provided by institutions of higher education (i.e., a prerequisite for institutional eligibility to participate in federal student aid programs under Title IV of the Higher Education Act of 1965). Specifically, it (1) adds to subsection (a)(5) a requirement, except for institutions qualifying for religious exemption under new subsection (r)(2), that accreditors demonstrate success in ensuring a right of free inquiry (as defined in new subsection (r)(1) to mean, for public institutions, compliance with the First Amendment and academic freedom policies, and for private institutions, adherence to their written policies on speech, association, press, religion, assembly, petition, and academic freedom); (2) adds subsection (a)(9) prohibiting accreditors from imposing requirements, standards, investigations, or recommendations concerning the race, color, sex, or national origin composition of student bodies, faculty, or staff, or such characteristics of those in leadership roles or receiving honors or commendations; (3) adds subsection (a)(10) requiring accreditors to permit accredited institutions (and their components) to adopt any lawful policies on those demographic factors notwithstanding the institution's mission; (4) adds subsection (a)(11) prohibiting accreditors from considering those demographic factors in the accreditation process; (5) modifies subsection (p) to make its existing protections for institutional autonomy in admissions, hiring, and contracting subject to new subsection (a)(9); and (6) adds subsection (r)(2) exempting specified religious institutions (e.g., divinity schools, those controlled by religious organizations with doctrinal requirements or significant religious funding) from the free inquiry requirement.
This section authorizes an institution of higher education facing denial, withdrawal, termination, or imminent threat thereof of accreditation—due to an accrediting agency or association's violation of the prohibition in section 496(a)(10) of the Higher Education Act of 1965 (as added by section 2)—to pursue a civil action under subsections (e) and (f) of such section 496.