Bill Summary
The "Fairness in Higher Education Accreditation Act" aims to reform the criteria for recognizing accrediting agencies or associations that evaluate institutions of higher education. Key provisions of the bill include:
1. **Free Inquiry Requirement**: Accrediting agencies must ensure that institutions uphold a right to free inquiry, defined in accordance with constitutional principles or their own policies regarding academic freedom.
2. **Prohibition on Discriminatory Standards**: It prohibits accrediting bodies from imposing requirements or standards based on race, color, sex, or national origin concerning the composition of students, faculty, or staff, as well as leadership roles and recipients of honors.
3. **Institutional Autonomy**: Institutions accredited by these agencies can adopt any lawful policy regarding the aforementioned factors, maintaining their mission without interference from accrediting entities.
4. **Civil Action Rights**: Institutions facing denial or withdrawal of accreditation due to violations of these new provisions can pursue civil action.
Overall, the bill seeks to ensure fairness in accreditation processes and protect academic freedom while promoting diversity and inclusion.
Possible Impacts
Here are three examples of how the "Fairness in Higher Education Accreditation Act" could affect people:
1. **Increased Academic Freedom for Institutions**: The legislation emphasizes the importance of "free inquiry," which could empower institutions of higher education to adopt policies that promote diverse opinions and academic expression without fear of losing accreditation. This change could lead to a more open and dynamic academic environment, benefiting both students and faculty who wish to engage in controversial or non-mainstream discussions.
2. **Impact on Institutional Diversity Initiatives**: By prohibiting accrediting agencies from considering factors such as race, color, sex, or national origin in their accreditation processes, the act may hinder efforts to promote diversity and inclusion within higher education. As a result, institutions might find it more challenging to implement programs aimed at increasing representation among students and faculty, potentially leading to less diverse educational environments.
3. **Legal Recourse for Institutions**: The act provides a mechanism for institutions to pursue civil action if they believe their accreditation is threatened due to violations of the new criteria set forth in the legislation. This could empower colleges and universities to stand up against accrediting agencies that may impose what they see as unfair or discriminatory standards, promoting a legal avenue for addressing grievances and ensuring that their rights are protected. This may also lead to heightened scrutiny and accountability of accrediting agencies.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1569 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1569
To modify the criteria for recognition of accrediting agencies or
associations for institutions of higher education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2025
Mr. Banks introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To modify the criteria for recognition of accrediting agencies or
associations for institutions of higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Higher Education
Accreditation Act''.
SEC. 2. CRITERIA FOR RECOGNITION OF ACCREDITING AGENCIES OR
ASSOCIATIONS.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended--
(1) in subsection (a)--
(A) in paragraph (5)--
(i) in subparagraph (I), by striking
``and'' after the semicolon;
(ii) in subparagraph (J), by inserting
``and'' after the semicolon; and
(iii) by inserting after subparagraph (J),
and before the flush text, the following:
``(K) except in the case of an institution
described in subsection (r)(2), success in ensuring a
right of free inquiry (as defined in subsection
(r)(1));'';
(B) in paragraph (7), by striking ``and'' after the
semicolon;
(C) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(9) the accrediting agency or association will not impose
requirements, establish standards, conduct investigations, or
make recommendations concerning--
``(A) the race, color, sex, or national origin
composition of the student body, faculty, or staff;
``(B) the race, color, sex, or national origin of
the students, faculty members, or staff members who are
in leadership roles; or
``(C) the race, color, sex, or national origin of
the students, faculty members, or staff members who
receive honors or special commendations;
``(10) an accrediting agency or association may only be
determined to be a reliable authority as to the quality of
education or training offered for the purposes of this Act or
for other Federal purposes if the agency or association permits
each institution of higher education that the agency or
association accredits (and each component or subpart of each
institution of higher education that the agency or association
accredits) to adopt any lawful policy with regard to the
factors described in subparagraphs (A) through (C) of paragraph
(9), notwithstanding the particular mission of an institution
of higher education (or component or subpart thereof); and
``(11) as part of the accrediting process, an accrediting
agency or association may not consider any factor described in
subparagraphs (A) through (C) of paragraph (9).'';
(2) in subsection (p), by striking ``Nothing in subsection
(a)(5)'' and inserting ``Subject to subsection (a)(9), nothing
in subsection (a)(5)''; and
(3) by adding at the end the following:
``(r) Free Inquiry.--
``(1) Free inquiry.--In this section, the term `free
inquiry' means--
``(A) in the case of a public institution of higher
education that is legally required to abide by the
First Amendment to the Constitution, compliance with--
``(i) the First Amendment to the
Constitution, including protections for freedom
of speech, association, press, religion,
assembly, and petition; and
``(ii) the institution's own written
policies regarding academic freedom; or
``(B) in the case of a private institution of
higher education, adherence to the institution's
written institutional policies concerning freedom of
speech, association, press, religion, assembly,
petition, and academic freedom.
``(2) Religious exemption.--An institution described in any
of subparagraphs (A) through (F) shall not be subject to the
free inquiry requirements of subsection (a)(5)(K). Such exempt
institutions shall include an institution--
``(A) that is a school or department of divinity;
``(B) that requires its faculty, students, or
employees to be members of, or otherwise engage in
religious practices of, or espouse a personal belief
in, the religion of the organization by which it claims
to be controlled;
``(C) that in its charter or catalog, or other
official publication, contains an explicit statement
that it is controlled by a religious organization or an
organ thereof, or is committed to the doctrines or
practices of a particular religion, and the members of
its governing body are appointed by the controlling
religious organization or an organ thereof, and it
receives a significant amount of financial support from
the controlling religious organization or an organ
thereof;
``(D) that has a doctrinal statement or a statement
of religious practices, along with a statement that
members of the institution community must engage in the
religious practices of, or espouse a personal belief
in, the religion, its practices, or the doctrinal
statement or statement of religious practices;
``(E) that has a published institutional mission
that is approved by the governing body of an
educational institution and that includes, refers to,
or is predicated upon religious tenets, beliefs, or
teachings; or
``(F) with respect to which there is other evidence
sufficient to establish that the institution is
controlled by a religious organization, pursuant to
section 901(a)(3) of the Education Amendments of 1972
(20 U.S.C. 1681(a)(3)).''.
SEC. 3. CIVIL ACTION.
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 as so defined) that is subject to a
denial, withdrawal, or termination, or imminent threat of denial,
withdrawal, or termination, of accreditation as a result of an
accrediting agency or association's violation of the prohibition
established in section 496(a)(10) of the Higher Education Act of 1965
(20 U.S.C. 1099b(a)), as added by section 2 of this Act, may pursue a
civil action in accordance with subsections (e) and (f) of such section
496.
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