CHEA Advocacy in Action: Issue 1

September 26, 2023

CHEA, as an advocate for member institutions, consistently identifies political issues that may be impactful for accreditation and institutions. The brief below reflects one of those issues.

Issue Summary

On August 7, 2023, the U.S. Department of Education (USDE), Office of Postsecondary Education sent out a letter titled, “Guidance for Ensuring Complaint Procedures for Accrediting Agencies are Timely, Fair and Equitable,” which relates to Federal Regulation, The Secretary’s Recognition of Accrediting Agencies, which proposes to change the requirements for compliance to USDE complaint regulations.

The Council for Higher Education Accreditation (CHEA) views these recommendations as duplicative in process and that they restrict accrediting organizations from the independence of compliant design and working with institutions to resolve credible public concerns. This USDE guidance is unclear and unnecessary, and it provides no guidance regarding its expectations or description of how USDE will interpret that concept. Thus, making reviews of complaints against an accrediting organization or institutions and whether those procedures and judgments are “unbiased” and open to being second-guessed by USDE staff.

Institutional Impact

The USDE recommendations may result in recognition findings against the accrediting organization even though it acted in good faith. An additional consequence may be that accreditors will require new complaint procedures at institutions based on the issue of the day as viewed by USDE. Institutions will not have an opportunity through the negotiated rulemaking process to have input into the new non-regulatory requirements.

CHEA Recommendation

CHEA recommends that this guidance be recalled. CHEA also suggests that if the USDE wishes to move forward with recommendations for changes, it should adhere to the standard legislative or negotiated rulemaking process.

CHEA Action

CHEA forwarded an objection to the guidance to officials in USDE and forwarded a copy of the objection to the U.S. Senate Committee on Health, Education, Labor and Pensions and to the U.S. House of Representatives Committee on Education and the Workforce.