H.R. 5121: Fairness in Higher Education Accreditation Act

The Fairness in Higher Education Accreditation Act aims to amend existing criteria regarding the recognition of accrediting agencies and associations that oversee institutions of higher education. Here’s a breakdown of the main provisions and changes proposed by the bill:

1. Modified Criteria for Accrediting Agencies

The bill amends Section 496 of the Higher Education Act of 1965, updating the criteria for accrediting agencies involved in the recognition of higher education institutions. Key changes include:

• Agencies must ensure a "right of free inquiry," which entails compliance with the First Amendment and related institutional policies on academic freedom.
• Accreditation standards will prohibit agencies from imposing requirements related to race, color, sex, or national origin for student bodies, faculty, or staff.
• Accrediting agencies may not conduct evaluations or impose restrictions based on the criteria of race, color, sex, or national origin of leadership or award recipients.

2. Definition of Free Inquiry

The bill introduces a specific definition of "free inquiry" that varies for public and private institutions:

• Public institutions must abide by the First Amendment and their own established policies regarding academic freedom.
• Private institutions must adhere to their own policies concerning speech, freedom of assembly, and academic freedom.

3. Exemptions for Religious Institutions

The bill outlines exemptions from these new requirements for certain religious institutions. This includes:

• Schools that mandate participation in religious practices or require faculty and students to adhere to specific religious beliefs.
• Institutions that explicitly state their religious affiliations in official communications or require governing body appointments to adhere to a religious organization.

4. Legal Recourse for Institutions

Under the new provisions, institutions facing the risk of accreditation denial or termination due to non-compliance with the new prohibitions can seek legal action. This helps ensure that institutions can defend their right to maintain accreditation against potential violations by accrediting bodies.

5. Additional Changes to Accreditation Process

The bill emphasizes that accrediting agencies must allow higher education institutions to adopt lawful policies regarding the composition of their student bodies and faculty without interference based on the new prohibitions.

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