Cases & Developments

In preparation for an upcoming negotiated rulemaking session set to begin April 13, 2026, the Department of Education released an eight-page summary of its larger 151-page proposal to revise the regulations governing accreditation and the recognition process. The proposed revisions reflect the Administration’s priorities from Executive Order “Reforming Accreditation to Strengthen Higher Education” and seek to “realign” the criteria for recognition of accreditors. The initial draft includes proposals to (1) require accreditors to use program-level student outcome measures and identity minimum expectations related to return on investment; (2) modify regulations on “faculty standards” to include “support for and appropriate prioritization of intellectual diversity”; (3) “presume the transferability of credits earned at another institution toward general education requirements”; and (4) require accreditors to require institutional compliance with all Federal and State laws “including the prohibition of preferential treatment based on protected characteristics, such as race-based scholarships or programs, and preferential hiring or promotion practices.” The list of negotiators chosen to serve on the committee can be found here.

The Department of Education has issued an interpretive rule designed “to provide prospective accrediting agencies with additional clarity regarding the recognition process, pursuant to” Executive Order 14279, “Reforming Accreditation to Strengthen Higher Education.” The Department states that “in general, the provisions in this interpretive rule are designed to reduce unnecessary barriers to the recognition of accrediting agencies to promote competition in the market for assessing the quality of education or training offered by postsecondary institutions and programs.” The Department writes that the rule is intended to “increase competition, [] make it easier for colleges and universities to change accreditors, eliminate artificial barriers [], [and] refocus[] quality assurance on data-driven student outcomes.” The guidance provides the Department’s interpretation of a number of phrases included in the Department’s regulations governing the recognition of new accreditors located in 34 CFR Part 602. For example, citing “significant confusion” regarding the types of accrediting activities that must be conducted for two years prior to the Secretary recognizing an accrediting agency in 34 CFR 602.12(a)(2), the Department clarifies that the two-year clock “may start before the issuance of accreditation or pre accreditation.” The Department also clarifies its intention to shorten the review process for determining whether an accrediting agency meets the basic eligibility requirements and for completing its review of the applicants’ petition. 

The Department of Education issued a proposed interpretive rule clarifying the appropriate use of the terms “regional” and “national” by an accrediting agency’s area of operation or recognition scope. The Department’s proposal references a final rule from 2019, which “end[ed] the Department’s recognition of accrediting agencies as ‘regional’” and further clarifies that it views the “continued use of this term” by accrediting agencies and institutions in standards, marketing materials and other texts, as misleading and potential misrepresentations. Comments must be received on or before March 19, 2026.

The Department of Education announced the creation of a new Accreditation, Innovation, and Modernization (AIM) negotiated rulemaking committee to draft proposed regulations that would “(1) simplify the Secretary’s recognition of emerging and existing accreditors; (2) examine the extent to which accreditation contributes to rising higher education costs and credential inflation; (3) safeguard against undue influence from related private trade associations; (4) eliminate standards or policies that discriminate on the basis of immutable characteristics; and (5) refocus quality assurance and improvement on data-driven student outcomes.” The development of the committee is intended to advance the efforts outlined in Executive Order 14279 “Reforming Accreditation to Strengthen Higher Education.” Nominations for negotiators are open through February 27, 2026, with rulemaking sessions planned for April and May. Additional Information can be found through the Federal Register Notice.

The Department of Education issued a Request for Information (RFI) seeking recommendations for updating its Accreditation Handbook in line with Executive Order 14279 “Reforming Accreditation to Strengthen Higher Education.” The Department invites commentators to consider (1) policies that encourage innovation or reduce costs; (2) how to make the Handbook less burdensome; (3) whether the Handbook is serving its intended purpose; (4) what updates can incentivize intellectual diversity; and (5) what data sources or validation methods are available to properly reflect student competency. Comments must be received on or before January 26, 2026.

The American Bar Association (ABA) published a memorandum from the Standards Committee regarding Standard 206 Recommendations. The memo states that in February 2025, the Council suspended Standard 206 through August 31, 2025, considering relevant Executive Orders and the U.S. Department of Education’s February 14, 2025, Dear Colleague Letter (DCL). In order to account for ongoing litigation related to the Executive Orders and the DCL, as well as the recently issued Executive Order titled “Reforming Accreditation to Strengthen Higher Education,” which specifically refers to the ABA, the Standards Committee recommends that Standard 206 remain suspended through August 31, 2026. The Committee reasoned that compliance with Standard 206 will continue to constitute extreme hardship for multiple law schools. The memo concludes that the Council will not take any action based in whole or part on Standard 206, conduct any evaluation that includes an assessment of institutional compliance with Standard 206, or issue any guidance regarding compliance with the Standard while it remains suspended, noting that no member institution will be held accountable for compliance with the suspended Standard for the duration of its suspension. An update will be provided by the Standards Committee no later than its May 2026 meeting.  

U.S. Department of Education (the Department) published a Dear Colleague Letter (DCL), which both provides guidance on changing accrediting agencies and supersedes GEN-22-10 and GEN-22-11. The DCL states that the Department will conduct expeditious review of applications received, highlighting that Department guidance should allow institutions the freedom to develop unique partnerships with accrediting agencies. The DCL restates the obligations under 34 CFR §600.11 for an institution to receive approval, clarifies where the Department does not have the authority to withhold an approval, and further supersedes earlier guidance provided on the subject in GEN-22-10 and GEN-22-11. It goes on to state that when an institution begins the process of obtaining a new accreditor, it should notify the Department in writing of its intent to change its primary accrediting agency as soon as possible along with submitting a “Reasonable Cause Request Certification” to serve as documentation of its prior accreditation, and materials demonstrating reasonable cause for changing or adding an accrediting agency.  

Executive Order “Reforming Accreditation to Strengthen Higher Education.” This Order seeks to reform accreditation standards in an effort to improve graduation rates and eliminate DEI (“diversity, equity, and inclusion”) practices amongst accrediting boards. The Order requires the Secretary of Education to hold accrediting agencies accountable through denial, monitoring, suspension, or termination of accreditation recognition. The Order further requires the Attorney General and the Secretary of Education to investigate and take appropriate action to terminate unlawful discrimination by American law schools and medical schools or graduate medical education entities, including unlawful “diversity, equity, and inclusion” requirements under the guise of accreditation standards. The Order requires new principles of student-oriented Accreditation. Under these new principles, the Secretary of Education shall take appropriate steps to ensure that “(i) accreditation requires higher education institutions to provide high-quality, high-value academic programs free from unlawful discrimination or other violations of Federal law; (ii) barriers are reduced that limit institutions from adopting practices that advance credential and degree completion and spur new models of education; (iii) accreditation requires that institutions support and appropriately prioritize intellectual diversity amongst faculty in order to advance academic freedom, intellectual inquiry, and student learning; (iv) accreditors are not using their role under Federal law to encourage or force institution to violate State laws, and (v) accreditors are prohibited from engaging in practices that result in credential inflation that burdens students with additional unnecessary costs.” To advance the policies and objectives within the order, the Secretary of Education shall “(i) resume recognizing new accreditors to increase competition and accountability in promoting high-quality, high-value academic programs focused on student outcomes; (ii) mandate that accreditors require member institutions to use data on program-level student outcomes to improve such outcomes, without reference to race, ethnicity, or sex; (iii) promptly provide to accreditors any noncompliance findings relating to member institutions issued after an investigation conducted by the Office of Civil Rights under Title VI or Title IX; (iv) launch an experimental site, pursuant to Section 487A(b) of the Higher Education Act of 1965, to accelerate innovation and improve accountability []; (v) increase the consistency, efficiency, and effectiveness of the accreditor recognition review process, including through the use of technology; (vi) streamline the process of higher education institutions to change accreditors to ensure institutions are not forced to comply with standards that are antithetical to institutional values and mission and (vii) update the Accreditation Handbook to ensure that the accreditor recognition and reauthorization process is transparent, efficient, and not unduly burdensome. The White House also issued a Fact Sheet with the Order.

The U.S. Department of Education (the Department) issued a request for comments concerning the performance of accrediting agencies under review by the Secretary of Education. The agencies included in the application for renewal of recognition include: (1) the American Bar Association, Council of the Section of Legal Education and Admissions to the Bar; (2) Accrediting Bureau of Health Education Schools; (3) Accreditation Commission for Acupuncture and Herbal Medicine; (4) American Osteopathic Association, Commission on Osteopathic College Accreditation; (5) American Psychological Association, Commission on Accreditation; (6) Commission on Accrediting of the Association of Theological Schools; (7)  Council on Occupational Education; (8) National Nurse Practitioner Residency and Fellowship Training Consortium; (9) Southern Association of Colleges and Schools, Commission on Colleges; and (10) Transnational Association of Christian Colleges and Schools, Accreditation Commission. Written comments must be submitted by May 8, 2025.