Key Takeaways
- The U.S. Department of Education proposes major changes to higher education accreditation, aiming to increase competition among accreditors and emphasize student outcomes such as graduation and employment rates.
- The proposal would also require the elimination of standards that may conflict with federal anti-discrimination laws.
- Comments are due Sept. 21, 2026.
On Aug. 19, 2026, the U.S. Department of Education announced a Notice of Proposed Rulemaking (NPRM) proposing significant revisions to federal regulations governing recognition of accrediting agencies and related institutional requirements. The NPRM was published in the Federal Register on Aug. 20, 2026, and comments are due Sept. 21, 2026. The NPRM would implement aspects of President Donald Trump’s Executive Order 14279, “Reforming Accreditation to Strengthen Higher Education,” along with other administration priorities.
The Department states that the proposal is intended to increase competition among accrediting agencies, reduce regulatory and administrative burdens, place greater emphasis on student outcomes, and promote academic freedom and intellectual diversity. If finalized, the rule would affect accrediting agencies and the institutions they oversee.
Key Provisions of the Proposed Rule
Accreditor Recognition and Institutional Choice: The NPRM proposes to streamline the Secretary of Education’s process for recognizing emerging and existing accrediting agencies, including by eliminating the existing two-year accreditation experience requirement and removing remaining geographic restrictions on accrediting agencies. The Department states that the proposed rule aims to break up what it characterizes as “entrenched accreditation monopolies” and encourage greater diversity and innovation within the quality assurance ecosystem.
Student Outcomes: The NPRM would require accreditors to consider program-level measures of student achievement, including on-time graduation rates, employment outcomes in graduates’ fields of study, loan repayment rates and whether graduates earn family-sustaining wages.
Safeguarding Against Undue Influence From Trade Associations: The proposed rule includes provisions designed to protect accreditors from undue influence by private trade associations. The proposed safeguards are intended to ensure that accreditors operate independently and focus on educational quality rather than the institutional interests of trade groups.
Eliminating Discriminatory Standards: The NPRM would require the elimination of accreditation standards or policies that may require institutions to violate federal law, including Title VI and Title IX. This means that accreditors “must not have policies that require institutions or programs to provide unlawful preferences” based on “race, color, national origin, or sex, including in admissions, hiring, and the selection of contracts.” Further, accreditors are expected “to ensure institutions have policies and respond appropriately to findings by competent authorities” regarding violations of federal law.
Transfer of Credit and Student Protections: The NPRM also would revise transfer-of-credit requirements. Institutions would retain authority to determine whether credits meet their academic standards, while being subject to additional requirements concerning certain transfer-credit denials and appeals.
Promoting Academic Freedom, Intellectual Diversity and Research Integrity: Finally, the proposed rule emphasizes the importance of academic freedom, intellectual diversity and research integrity in the accreditation context. This priority is consistent with the administration’s broader focus on free expression in higher education.
What Institutions Should Consider Now
Higher education institutions should consider the following actions in response to the NPRM:
- Assess Potential Impact. The NPRM’s proposed elimination of discriminatory standards and emphasis on academic freedom and intellectual diversity may require institutions to revisit existing policies, including those related to diversity, equity, and inclusion; faculty hiring and evaluation; and institutional governance. Institutions should conduct a thorough review to identify policies that may conflict with the proposed rule.
- Consider Public Comments. Institutions should determine whether to submit comments addressing legal, operational, financial or implementation concerns. Comments are due Sept. 21, 2026.
- Monitor the Rulemaking Process. The NPRM is one component of a broader set of administration actions to reform higher education. Institutions should closely monitor the rulemaking process, including the Department’s response to public comments and the content of any final rule, as well as related executive orders, enforcement actions and Congressional activity that may affect the accreditation landscape.
For questions or assistance in evaluating the impact of the proposed rule on your institution, contact the authors or a member of McGuireWoods’ Higher Education Enforcement & Regulatory Counseling Practice Group.