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.