“A bill 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 revises the criteria for the Secretary of Education to recognize accrediting agencies or associations as reliable authorities for accrediting institutions eligible for federal student aid programs under Title IV of the Higher Education Act of 1965 (i.e., grants, loans, and work-study). Specifically, it (1) adds to the criteria in subsection (a)(5) a requirement for success in ensuring a right of free inquiry (as defined in new subsection (r)(1)), except for religious institutions described in subsection (r)(2); (2) adds new criteria in subsections (a)(9)-(11) prohibiting accrediting agencies from imposing requirements, conducting investigations, or making recommendations or accreditation decisions based on the race, color, sex, or national origin composition of student bodies, faculty, or staff; leadership roles; or honors and commendations—and requiring agencies to permit accredited institutions to adopt any lawful policies on such factors notwithstanding their mission; and (3) makes conforming changes to subsection (p) to make it subject to new subsection (a)(9). It also adds subsection (r) defining free inquiry to require public institutions to comply with the First Amendment and their academic freedom policies, and private institutions to adhere to their written policies on speech, association, press, religion, assembly, petition, and academic freedom—while exempting religious institutions (e.g., divinity schools, those controlled by religious organizations under Title IX standards). (Thus, accreditors cannot enforce demographic quotas or preferences in accreditation and must verify free inquiry protections at most institutions.)
This section authorizes an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002) and including both public and private institutions, that is subject to a denial, withdrawal, or 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 such Act (as added by section 2) to pursue a civil action under subsections (e) and (f) of section 496.