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HR 5121119th CongressIn Committee

Fairness in Higher Education Accreditation Act

Introduced: Sep 3, 2025
Sponsor: Rep. Stefanik, Elise M. [R-NY-21] (R-New York)
Education
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Fairness in Higher Education Accreditation Act would change how accrediting agencies are recognized and overseen under the Higher Education Act. It adds new restrictions on accrediting bodies, specifically prohibiting them from imposing or considering factors related to race, color, sex, or national origin when evaluating or accrediting institutions. It also requires accrediting agencies to permit each institution to adopt lawful policies addressing these factors, regardless of the institution’s mission. The bill defines “free inquiry” (academic freedom) and creates exemptions for religiously affiliated institutions. It also creates a civil action pathway for institutions denied or threatened with accreditation renewal due to an accrediting agency’s alleged violation of these new requirements. In short, the bill aims to protect academic freedom and religious liberty in higher education while limiting the role of race- or-origin-based considerations in accreditation decisions, and it provides a potential legal remedy for affected institutions.

Key Points

  • 1Modifies recognition criteria for accrediting agencies under the Higher Education Act, adding new prohibitions and requirements.
  • 2Prohibits accrediting agencies from imposing or acting on factors related to race, color, sex, or national origin in relation to student body composition, leadership, or honors, and prohibits considering these factors in accreditation decisions.
  • 3Requires accrediting agencies seeking reliability as a “quality authority” to permit institutions to adopt lawful policies regarding the factors described above, regardless of the institution’s mission.
  • 4Establishes a new “Free Inquiry” standard, defining academic freedom for public and private institutions and creating religious exemptions from these free inquiry requirements.
  • 5Creates a civil action route for institutions that are denied, withdraw, or threatened with accreditation due to an accrediting agency’s alleged violation of the new prohibitions.

Impact Areas

Primary group/area affected: Institutions of higher education and accrediting agencies, particularly those involved in accreditation decisions and recognition by the federal government.Secondary group/area affected: Students, faculty, and staff at higher education institutions (especially regarding academic freedom, diversity policies, and leadership composition); religiously affiliated institutions (due to explicit exemptions).Additional impacts: Potential changes to the federal oversight landscape for accreditation, possible civil litigation exposure for accrediting agencies, and increased emphasis on protecting free inquiry and religious autonomy within accreditation processes.
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