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Fairness in Higher Education Accreditation Act
12/15/2023, 3:58 PM
Summary of Bill HR 3803
One key provision of the bill is the establishment of a set of criteria that accrediting agencies must use when evaluating higher education institutions. These criteria are designed to ensure that institutions are meeting certain standards of quality and effectiveness in their educational programs.
Additionally, the bill includes measures to increase the involvement of students, faculty, and other stakeholders in the accreditation process. This is intended to provide a more comprehensive and balanced evaluation of institutions, taking into account the perspectives of those directly affected by the accreditation decisions. Overall, the Fairness in Higher Education Accreditation Act seeks to improve the accreditation process for higher education institutions in the United States by promoting transparency, accountability, and stakeholder involvement. By implementing these measures, the bill aims to ensure that students receive a quality education and that institutions are held to high standards of excellence.
Congressional Summary of HR 3803
Fairness in Higher Education Accreditation Act
This bill establishes additional requirements for an accrediting agency to be recognized by the Department of Education as a reliable authority on the quality of education being offered at an institution of higher education (IHE).
Specifically, the bill prohibits an accrediting agency from considering (1) the diversity, equity, and inclusion policies of an IHE; and (2) the racial composition of the accepted applicants, students, or the faculty or staff of an IHE. An IHE that is subject to a denial, withdrawal, or termination of accreditation as a result of an accrediting agency's violation of this prohibition may pursue a civil action.
The bill also requires an accrediting agency to assess the IHE's success in ensuring a right of free inquiry (with an exception for religious IHEs).
In the case of a public IHE that is legally required to abide by the First Amendment, the bill defines free inquiry as compliance with (1) the First Amendment, including protections for freedom of speech, association, press, religion, assembly, and petition; and (2) the IHE's own written policies regarding academic freedom.
In the case of a private IHE, free inquiry refers to adherence to the IHE's written institutional policies concerning freedom of speech, association, press, religion, assembly, petition, and academic freedom.
