11. Department of Education · Minor · Needs Congress

Bar accreditors from intruding on state institutions' governance

Attempted

Printed page 352 11. Department of Education

“Protect the sovereignty of states to decide governance and leadership issues for their state-supported colleges and universities by prohibiting accreditation agencies from intruding upon the governance of state-supported educational institutions.”

What has happened

Aug 20, 2026 Attempted
The Department's proposed section 602.23(j) states the sovereignty protection almost in the Quote's words: “The agency must refrain from reviewing aspects of institutional governance of public institutions that are established by State law, including the appointment of institutional directors or officers by elected or appointed State officials.” Comment stage only, and the Quote asks Congress, which has not legislated.
- ED notice of proposed rulemaking: Accreditation, Innovation, and Modernization — the Secretary's Recognition of Accrediting Agencies (34 CFR part 602)
  Primary Executive branch Aug 20, 2026
- ED press release: U.S. Department of Education Issues Proposed Rule to Overhaul America's Higher Education Accreditation System
  Primary Executive branch Aug 19, 2026
Apr 23, 2025 Attempted
Executive Order 14279 recites that accreditors “have also abused their governance standards to intrude on State and local authority” and directs the Secretary to ensure that “accreditors are not using their role under Federal law to encourage or force institution to violate State laws, unless such State laws violate the Constitution or Federal law”.
- Executive Order 14279 — Reforming Accreditation To Strengthen Higher Education
  Primary Executive branch Apr 23, 2025

Research log

What was searched, and what didn’t count as evidence

Research notes

One negative search covered this ask and the other accreditation asks, #880, #882, #883 and #884.

Action: restrict
Object: Accreditation agencies' role in state institution governance
ID: 881