Bar accreditors from mandating DEI policies

What has happened

1. Aug 20, 2026 Attempted

   The Department proposed to write the prohibition into 34 CFR part 602. Proposed section 602.23(h) would forbid a recognized agency from having “policies that require institutions or programs to violate any Federal or State law, including Title VI … and Title IX”, which “means, among other things, that agencies must not have policies that require institutions or programs to provide unlawful preferences … based upon their race, color, national origin, or sex, including in admissions, hiring, and the selection of contracts”. It is a proposal, not a rule, and the ask is addressed to Congress, which has not acted: H.R. 2516, the Accreditation for College Excellence Act, would bar political and ideological litmus tests in accreditation and was reported and placed on the Union Calendar on 2026-01-13 without a floor vote, which under playbook §3b is not a rung.

   • 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

   • H.R. 2516, Accreditation for College Excellence Act of 2025, as reported — placed on the Union Calendar 2026-01-13

     Primary Congress Jan 13, 2026

2. Apr 23, 2025 Attempted

   Executive Order 14279 states that “Federal recognition will not be provided to accreditors engaging in unlawful discrimination” and directs the Secretary to deny, monitor, suspend or terminate the recognition of accreditors that require institutions “to engage in unlawful discrimination … under the guise of ‘diversity, equity, and inclusion’ initiatives”, naming the ABA's legal education council, the Liaison Committee on Medical Education and the ACGME. A directive, with no rule behind it yet.

   • Executive Order 14279 — Reforming Accreditation To Strengthen Higher Education

     Primary Executive branch Apr 23, 2025