H.R. 9881: Higher Education Accreditation Accountability Act

This bill would change the federal rules for recognizing college accreditors and for allowing colleges to switch to a different main accreditor.

What accreditation is

Accreditation is the process the federal government uses to decide whether a college or university meets certain quality standards. A school’s accreditation can affect whether it can participate in federal student aid programs.

Changes for accrediting agencies

• An accrediting agency would have to show that it has successfully accredited at least one college or program for at least two straight years before applying for federal recognition.
• The agency would also have to be legally set up in the place where it is seeking recognition.
• It would need to have standards and procedures that it can actually enforce and that fit the Education Department’s recognition rules.
• The Secretary of Education would not send an accreditor’s recognition application to the advisory committee until the Secretary first determines that the accreditor meets all required recognition criteria.
• Initial federal recognition for an accreditor could last no more than 3 years.
• After that, renewed recognition could last no more than 5 years.
• During the initial recognition period, the accreditor would have to provide the Secretary with documents related to any new program or institution it accredits.

Changes for colleges that want to switch accreditors

The bill would create a formal approval process before a college can change its primary accrediting agency—the accreditor used to determine eligibility for federal programs.

• A college would have to apply to the Secretary of Education before making the switch.
• The application would need to include a written notice of the proposed change, the current and proposed accreditor names, the expiration date of the current accreditation, and the reasons for the change.
• The college would also have to explain how the new accreditor would maintain or improve quality and protect students, and how the new accreditor’s standards fit the school’s mission.
• The application would need supporting materials, including evidence of a reasonable cause for the change, recent accreditation letters, prior review reports, information about pending student complaints or investigations, and documentation from the current accreditor about any recent inquiries or compliance actions.

Public review and decision process

• When an application is received, the Secretary would have to publish notice in the Federal Register and allow at least 30 days for public comment.
• The Secretary would review whether the school is trying to avoid sanctions, avoid stricter oversight, or avoid scrutiny by state or local authorities.
• The Secretary would also consider whether the new accreditor better fits the school’s mission and whether the accreditor has faced Department of Education action.
• The Secretary would have to deny the request if, in the prior 24 months, the school’s accreditation was withdrawn, revoked, or terminated and not rescinded, or if the school was on probation, under a show-cause order, or suspended during that period.
• The Secretary would generally have to issue a decision within 90 days after the comment period ends, with one possible extension of another 90 days if needed for meaningful review.

When the new rules would apply

The new accreditor-recognition rules would apply to accrediting agencies seeking recognition or renewal after the bill becomes law. The college-switching rules would apply to colleges that seek to change their primary accreditor after enactment.

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