On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory practices through diversity, equity and inclusion (DEI) initiatives, and to further reform and streamline the accreditation process to ensure high value and high quality education with a return on investment of federal loans and grants in higher education. The White House also published a fact sheet to supplement the executive order.
The executive order takes on two priorities: to ensure that accreditors are not requiring institutions of higher education to engage in unlawful DEI initiatives and reforming the accreditation process to allow for more competition and accountability amongst accreditors, promoting “student-oriented accreditation.”
The U.S. Department of Education has the authority to recognize accreditors under the Higher Education Act of 1965, as amended (HEA). To receive federal financial student aid under Title IV of HEA, including federal student loans and Pell Grants, institutions of higher education must be accredited by an accreditor that the Department recognizes.
Many institutions of higher education asserted that their accreditors’ standards prevented them from complying with the Department’s interpretation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin. Institutions were left with a Hobson’s choice to comply with Title VI and risk losing accreditation or comply with accreditation standards and risk a finding of noncompliance with Title VI. Either way, institutions were at risk of losing access to federal student loans and grants for their students.
The executive order directs the Secretary of Education to:
- Hold accountable, including through denial, monitoring, suspension or termination of accreditation recognition, accreditors who fail to meet the applicable recognition criteria or otherwise violate federal law, including by requiring institutions of higher education to engage in unlawful discrimination;
- Assess whether the American Bar Association’s (ABA’s) Council of the Section of Legal Education and Admissions to the Bar, the sole federally recognized accreditor for Juris Doctor programs; the Liaison Committee on Medical Education, the sole federally recognized accreditor for Doctor of Medicine programs; or the Accreditations Council for Graduate Medical Education, the sole federally recognized accreditor for allopathic and osteopathic medical residency and fellowship programs; or other accreditors of graduate medical education should be suspended or terminated as accrediting agencies under federal law;
- Investigate and terminate unlawful discrimination by American law schools, medical schools and graduate medical education entities;
- Ensure that accreditation requires that institutions support and appropriately prioritize intellectual diversity amongst faculty in order to advance academic freedom, intellectual inquiry and student learning.
To advance these objectives, the Secretary of Education is directed to undertake a number of actions, including:
- Resume recognizing new accreditors to increase competition and accountability;
- Provide accreditors with noncompliance findings related to member institutions resulting from Title IV or Title IX investigations by the Department’s Office for Civil Rights;
- Launch an experimental site to accelerate innovation and improve accountability by establishing new flexible and streamlined quality assurance pathways;
- Streamline the process for higher education institutions to change accreditors to ensure institutions are not forced to comply with standards that are antithetical to institutional values, mission and current legal standards.
This executive order directs the Secretary of Education and Attorney General Pamela Bondi to investigate and take action against accreditors who require postsecondary institutions, including law schools and medical schools, to potentially engage in unlawful discrimination as part of their accreditation standards. Accreditors may suspend any standards, policies or other criteria that appear to promote DEI initiatives that violate federal antidiscrimination laws. An accreditor’s failure to do so risks losing status as an accrediting agency under federal law.
Many accreditors revised their accreditation standards after the Department issued its Feb. 14, 2025, Dear Colleague Letter (DCL) concerning Students for Fair Admissions. Shortly after the DCL, the ABA voted to suspend DEI standards through August as the organization considers permanent changes. The ABA explained that delaying approval of a permanent proposed rule enables the organization to incorporate forthcoming guidance from the Department of Education on diversity and inclusion.
Similar challenges to private accreditation are starting to appear in court. In State of Florida v. Migeul Cardona, et al., 2023-cv-61188-JB (S.D. Fla. 2024), Florida filed a lawsuit against the Secretary of Education challenging the constitutionality of the federal government’s use of private accreditation as part of its process to approve postsecondary institutions within the meaning of the HEA. The district court dismissed the complaint for failure to state a claim, and earlier this month, the State of Florida reinstated the appeal before the U.S. Court of Appeals for the Eleventh Circuit. The Eleventh Circuit will consider whether accreditation schemes “as is” are unconstitutional or if they may be reformed consistent with the changes described in the executive order and fact sheet.
On May 1, 2025, the U.S. Department of Education announced its initial actions to comply with this executive order and lifted the moratorium on accepting new accreditors. In addition, the Department published a Dear Colleague Letter informing postsecondary institutions that they will streamline the process for institutions to change accreditors.
Postsecondary institutions grappling with compliance with accreditation standards and federal antidiscrimination laws should consult with counsel.
