Introduction and summary
The U.S. Department of Education has drafted a new rule that would fundamentally weaken the college accreditation process and open the door for broader political interference in the classroom.1 In May, the department concluded a set of required stakeholder negotiation sessions that were convened to draft new regulations for accreditors. These draft regulations would implement a 2025 executive order that directs the secretary of education to approve accreditors with lower standards; stops universities from running diversity, equity, and inclusion (DEI) programs; and gives the federal government more power over what professors teach, research, and publish.2
These changes could ultimately leave students with fewer protections against low-quality programs, reduce the value of their degrees in the labor market, and even limit their exposure to diverse perspectives and areas of study that are critical for civic and economic participation.
What is accreditation?
Accreditors are independent groups that help ensure postsecondary institutions and educational programs that receive federal funding meet a minimum level of quality.3
Accreditors serve as one of the primary gatekeepers to Title IV federal student aid. Institutions must be accredited for students to use federal loans and Pell Grants to enroll. Each year, the federal government distributes hundreds of billions of dollars in aid to colleges and universities, and accreditation is the principal mechanism for ensuring those funds are used responsibly.
Through a federal recognition process, the Department of Education authorizes accrediting agencies to evaluate institutions, and that accreditation determines whether a college is eligible to participate in federal aid programs.4 In addition to being accredited, institutions and programs must be certified by the Department of Education and authorized by a state to participate in federal student financial aid programs.
There are three types of accreditors that evaluate different types of institutions and programs. Regional accreditors focus on institutions in particular regions of the United States, while national accrediting agencies operate across the country and primarily review career-focused and religiously affiliated institutions. Finally, programmatic accreditors evaluate and approve specific academic or professional programs within an institution or institutions that offer only one type of program.
Because of this central role, independent accreditors function as powerful gatekeepers, responsible not only for signaling institutional quality but also for safeguarding taxpayer investments and protecting students from low-quality or predatory programs.
This report shows how the department’s newly drafted rules would weaken academic quality by reducing oversight, removing safeguards against predatory schools, giving inexperienced agencies the power to grant accreditation, and letting colleges shop around for the accreditor with the lowest standards. The regulations would also use accreditors to end lawful student support services, such as affinity groups or mentoring initiatives, and let the government influence classroom lessons. Together, these changes push college accreditation away from its original purpose of quality assurance and make it a weaker system that can be easily evaded and used to push federal political agendas—leaving students to pay the price.
Here are six ways the Trump administration’s drafted regulations would weaken and politicize college accreditation.
1. The federal government could exert more control over college curricula and faculty research
The draft regulations create new requirements for accrediting standards related to faculty that may make it easier for the federal government to influence teaching and learning and to fire faculty with disfavored views. The proposed measures require accreditors to evaluate institutional policies relating to the “conditions under which a range of academic perspectives may be expressed and examined” and to “support, promote, and appropriately prioritize intellectual diversity and the free exchange of ideas amongst faculty.”5 These mandates differ from—and, in practice, may undermine—widely accepted standards of academic freedom6 that a vast majority of institutions have adopted as a part of their mission.7
The department’s rulemaking comes at a time when the United States has already seen its global standing on measures of academic freedom plummet, declining from the fifth to the seventh decile between 2022 and 2025, according to one index.
This vague and ambiguous language may create the opportunity for the department to threaten accrediting agencies with loss of federal recognition unless they begin to more closely and carefully police the “range of academic perspectives” expressed on campus, a strategy that the department has already used to pressure accreditors to remove DEI standards.8 There is no clear guidance on how “intellectual diversity” is measured or evaluated and what the standards would be for an acceptable range. Accreditation experts argue that giving the federal government the authority to interpret and enforce such policies “would destroy the independence that has made American higher education different, and better, than the more regulated systems across the rest of the world” and that such changes would mean that its “degrees could no longer carry the same public assurance of academic quality.”9
Authoritarianism and the freedom to teach and learn
The department’s rulemaking comes at a time when the United States has already seen its global standing on measures of academic freedom plummet, declining from the fifth to the seventh decile between 202210 and 2025,11 according to one index. The Academic Freedom Index (AFI),12 a global ranking developed by researchers in Sweden and Germany that tracks 179 countries and territories’ levels of freedom to research, teach, and disseminate ideas freely, found that the United States rapidly dropped from an index level of 3.3 out of 4 in 2019 to a 1.7 out of 4 in 2025.13These levels are far below those seen in peer countries in Europe and North America, which generally cluster in the top 10 to 20 percent. The United States now instead ranks alongside neighbors Thailand, Kazakhstan, and the Central African Republic in these rankings.
Authoritarian leaders in countries such as Hungary, Russia, and Turkey have all used similar tools to remake their national higher education systems along ideological lines.14 For example, in Hungary in 2017, the government of Viktor Orbán revoked the accreditation of the only two gender studies master’s programs in the country,15 arguing that the field of study clashed with “Christian values.”16 Similarly, Russian authorities revoked the European University at St. Petersburg’s teaching license—officially on the grounds of other technical violations—after its faculty undertook research on election monitoring and offered a class on gender studies.17 In Turkey, government intrusion in universities occurred on several fronts, including dismissal of thousands of academics and university administrators who were deemed political dissenters; attempts to revoke previously awarded diplomas; an increase in control over the governance of universities; and the creation of new academic departments promoting the government’s nationalist ideology.18
While the federal government plays a role in maintaining academic quality via its recognition of accreditors, increased oversight over what individual faculty members research and teach threatens to politicize research and compromise its quality, ultimately threatening the foundation of the research and innovation ecosystem that helps drive the United States’ economic prosperity.19 One study estimated that postwar investments in research and development provided returns of between 140 and 210 percent.20 Faculty members’ range of perspectives reflects the most relevant questions, debates, and trends in their field and informs the merit of the researchers’ ideas as judged by their peers. This peer review process, the evaluation of ideas by other researchers and subject matter experts within the same field, shapes which ideas are published and ultimately taught.21 The continuation of academic freedom requires that researchers with expertise—not the federal government—remain the ultimate judges of what is taught and published.22
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In addition, the department includes several provisions in the draft rules that attempt to weaken faculty tenure protections, including policies that require accreditors to evaluate whether the institution or program maintains “sufficient flexibility in instructional staffing.” Tenure, which—after a probationary period—protects faculty members from termination except for adequate cause or financial exigency (e.g., serious budgetary crises that require reductions in force), is a key pillar of academic freedom.23 Tenure helps to protect the independence of research and allows faculty members the freedom to criticize federal, state, local, and Tribal governments or other powerful entities without fear of losing their position.
The proposed regulations may empower the federal government to leverage universities’ accreditation and access to federal financial aid dollars to pressure them to remove any remaining tenure protections and more easily fire professors who hold views with which lawmakers, donors, or other powerful figures disagree. The regulations might also empower political leaders at other levels to intervene in ways that are unhelpful to students and the educational process. For example, state officials or governing boards could pressure institutions to remove faculty who teach about race, gender, or other politically contested topics, even when those instructors are academically qualified. One such example is the decision of the University of North Carolina’s board of trustees to overrule the departmental recommendation to grant tenure to the prominent civil rights journalist Nikole Hannah-Jones.24
This concern will be even more significant once a new accreditor is established under the new regulations, because state and potentially local governments would hold a controlling influence over the accreditor and could therefore shape its decisions before the federal government has an opportunity to weigh in.
2. New, inexperienced accreditors would enter the system
The department’s draft regulatory language would make it easier for an inexperienced, untrained entity to become an accreditor, effectively creating new gatekeepers to billions of dollars in federal student aid. The revised proposal no longer requires the same level of hands-on accrediting history before application: It allows an agency to seek initial recognition after only minimal prerecognition experience, including establishing standards and procedures and having just one institution or program submit an application for accreditation. Previously, aspiring accreditors had to have at least one institution go through a full application and approval process to approve an institution or program before applying.
Moreover, the draft language eliminates the current requirement that agencies must have conducted accrediting activities, including granting or denying accreditation or preaccreditation, for at least two years before seeking recognition. The proposal also lowers standards for accreditor recognition by removing key application requirements, including the 24-month advance timeline for renewal submissions and the requirement to provide letters of support from institutions, educators, and employers demonstrating the agency’s relevance and credibility. Finally, these regulations also weaken oversight by eliminating the prior requirement for in-person site visits, replacing it with discretionary language that allows such visits to occur virtually. In combination, these changes would lower the threshold for initial recognition, and accreditation decisions could be handed to groups that have not yet proven they can apply standards consistently or competently.
As the gatekeeper for federal student aid, accreditors must be the core safeguard for quality assurance.25 If an agency can gain recognition before it has built real expertise, students and borrowers may be exposed to weaker oversight and institutions with poor outcomes will maintain their access to federal dollars.26 Most problematically, many of the accreditors that are positioning themselves for federal recognition under the newer, laxer rules have direct ties to former for-profit institutions with histories of fraud, abuse, and misrepresentation, which in some cases have left thousands of students in substantial debt for worthless degrees.27 New accreditors may hold institutions to lower standards and leave students vulnerable to similar harms.
3. Campus support services geared toward students from diverse backgrounds could be rolled back
The draft regulations would create misleading requirements around civil rights, potentially causing misapplication and overcompliance. For example, they prohibit accrediting agencies from creating standards for institutions that “provide any preferences on the basis of race,” implying that any such preferences would violate civil rights law.28 However, many uses of race—such as DEI efforts—remain lawful, and in some cases (e.g., a civil rights case resolution), they may even be required by law.29
The intentions of the Trump administration’s Education Department are clear. It has continually sought to subvert and weaponize the definition of “civil rights” to limit campus activities such as affinity groups, diversity-related programming, and curricular topics—most notably in a February 2025 “Dear Colleague” letter (DCL).30 Courts have already found these efforts to be illegal, with a district court striking down the DCL guidance as unconstitutionally vague.31
To skirt these legal roadblocks, the department has pursued new strategies to pressure institutions into overcompliance with its ideological goals, such as the proposed “compact” for higher education and cuts to federal research funding.32 Accreditors have faced official warnings for diversity-related standards,33 while institutions themselves have faced retaliation in the form of funding cuts and civil rights investigations.34As a result, institutions are avoiding risky and costly legal battles by preemptively slashing DEI programming.35
Meanwhile, the department has failed to address actual claims of discrimination because it decimated the Office for Civil Rights, which has the authority and expertise to enforce the law.36 Recent reporting shows that the office resolved 30 percent fewer claims in 2025 than it did in 2024, the largest drop in more than 30 years.
These regulations may spur colleges and universities to further cut initiatives and affinity groups that foster belonging37 and inclusion,38 moves that would undermine safe campus environments39and harm the academic performance, retention, and mental health of all students.40
DEI programs help all students succeed
DEI programs are effective tools to ensure students have the resources and support to succeed in higher education.41 However, what constitutes a DEI program is often misunderstood. Services provided under the DEI umbrella that have come under threat include:
- Family care: Student parents face unique challenges in balancing their education and familial responsibilities.42 The inability to find nearby affordable child care options, lack of spaces for lactation, and time-consuming processes to access institutional resources place additional burdens on these students. DEI initiatives such as family care support that provide students with faculty flexibility, financial aid, and access to child care services are viewed as very effective by both students and faculty.43 However, the Trump administration has already terminated 32 DEI-related child welfare grants, clawing back $13.6 million from organizations evaluating and improving these programs.44
- Disability services: Studies show that students with disabilities face barriers in the form of physical inaccessibility, lack of trained staff, and challenges accessing available university resources.45 As a result, students with disabilities are more likely to drop out, and only 34 percent of college students with disabilities complete a four-year program.46 Inclusion efforts—such as physical spaces to aid deaf individuals, faculty training to accommodate sign language interpreters, and technology access to provide closed captioning—are important to help these students succeed.47 However, the Trump administration halted funding and grants for disability organizations and educational institutes as soon as he took office.48
- Mental health services: Social adjustment to university campuses can be challenging, and the development or exacerbation of anxiety and depressive symptoms is linked to lower well-being and higher dropout rates.49 In particular, students facing discrimination display higher levels of mental health distress.50 Counseling centers, provided through DEI offices and tailored to the needs of these students, have been shown to effectively reduce symptoms of distress, social isolation, and suicidal ideation.51 However, these DEI offices have been shutting down across the United States under pressure from the Trump administration.52
- Affinity groups: Students of color and first-generation students are more likely to report a lower sense of belonging on college campuses,53 hindering their completion of degrees and harming their mental health.54 Support structures that allow students with a shared background to engage in regular activities and discussions, such as mentorships and affinity groups, can improve feelings of inclusion on college campuses.55 However, the Trump administration has taken aim at these types of programs, including through an executive order issued on the president’s first day in office that sought to terminate DEI programs such as these.56
4. Accreditation rules would become weaker, and students would pay the price
New weakened accreditation rules would likely push students into low-quality programs that leave them with high debt loads and credentials that do not lead to good jobs. The department’s draft changes to §602.17 would no longer require an accrediting agency to show it “maintains requirements that at least conform to commonly accepted academic standards” or have subject matter experts, including academic and administrative personnel, on staff.57 The institutions themselves would also no longer need to participate in a peer review process or a self-study to ensure they are meeting their missions and objectives. In addition, the department urges accrediting agencies to reduce barriers to institutions implementing “innovative models”—vague language that opens the door to accreditation for institutions that rely on unproven instructional methods. As a result, accrediting agencies may green-light federal funding for colleges that defraud students and provide worthless degrees without conducting meaningful oversight of the quality of their academic programs.
Simultaneously, the requirements for reviewing compliance with these standards have been relaxed. Agencies would no longer have to train staff on their responsibilities, including the “agency’s standards, policies, and procedures” for conducting on-site evaluations, establishing policies, or making accreditation decisions.58 Thus, predatory institutions that exploit weak accreditation standards could slip under the radar and retain their accreditation. Even if this stripped-down process does reveal that changes are necessary, agencies would no longer be required to make any changes within “a reasonable period of time.” In the indefinite period in which agencies fail to take action, students would continue to unknowingly attend these exploitative institutions and become saddled with debt, while the legitimacy of university degrees would be undermined.59
What happens when accreditation fails
Accreditors play an important role in ensuring students receive degrees and credentials of value. Sweet v. McMahon (formerly Sweet v. Cardona and Sweet v. DeVos) is a landmark class action lawsuit that illustrates the consequences for students when federal oversight fails to protect them from low-quality education programs.60
Filed in June 2019, the class action includes more than 260,000 students who asserted they were misled or deceived by their institutions and that the Department of Education unlawfully failed to process the borrowers’ applications for debt relief, as the department is legally required.61 One borrower involved in the case described her experiences, stating, “I was manipulated, pressured, and lied to about the quality of the education I was to receive and in exchange, I was given a lifetime of crushing debt and a degree that doesn’t meet employer qualifications.”62 Another claimed the institution “exaggerated job placement rates and the value of their degrees, leaving many of us with massive debt and few opportunities.”63
The case resulted in a settlement that entitled borrowers to $6 billion in federal student loan cancellations.64 The Department of Education also ultimately withdrew the recognition of the agency that had accredited many of the for-profit institutions that enrolled the class members after finding the accreditor failed to “effectively evaluate, monitor, and enforce quality standards for schools.”65 This case highlights the important role accreditors play in protecting students from deceptive or low-quality programs and how gaps in accountability can leave borrowers with significant debt and limited recourse.
5. Students would be at greater risk when their college closes unexpectedly
Student protections at institutions failing to meet standards and already on the brink of closure would be gutted even further. Under the draft rules, institutions that have been placed on probation would be able to drastically reduce program content, abbreviate courses, or move courses online without approval from an accreditor. As a result, institutions that already fail to meet the needs of students would be given even less oversight as they make dramatic changes.
College closures disrupt students’ educational and financial futures and risk wasting billions of taxpayer dollars on degrees without value. Recent historical examples discussed in detail below underscore the need for strong federal oversight from accreditors, where students have meaningful protections in place that shield them before an institution fails. If implemented, the proposed regulations would open the floodgates to more low-quality degrees and abrupt closures.
If these institutions close, the draft regulations would no longer require them to follow minimum standards around teach-out agreements—programs where students continue their learning at an alternative university.66 Teach-out institutions and their programs would not be required to show they have the resources to deliver an educational program of acceptable quality or the capacity to fulfill all obligations to currently enrolled students. Additionally, teach-out institutions would not be required to disclose any additional charges imposed on students. These students are already in a precarious position; one study finds that more than half of students whose institutions close will not reenroll and 52.9 percent of students who do reenroll drop out.67 Ensuring that adequate information is provided to students is necessary to ensure they reenroll, and quality programming is necessary to ensure they stay.
Teach-out program quality is largely inadequate, with some teach-out institutions closing shortly after receiving students.68 Institutions often choose their own branch campuses as their teach-out institution, and these campuses may not have the capacity to serve displaced students.69 The quality of these teach-out programs is important; a new report estimates that as many as 1 in 4 of the nation’s 1,700 private nonprofit four-year colleges are at risk of closing, putting nearly 700,000 students at risk.70The existing requirements—that teach-out institutions are of acceptable quality, can meet obligations, and provide basic financial information to students—are insufficient and certainly should not be cut down further.71 Students who are facing academic instability deserve protections that ensure they can complete their education.
Abrupt closures: ITT Technical Institute and Corinthian Colleges
Among the most consequential abrupt school closures in the past decade were the collapses of Corinthian Colleges in 201572 and ITT Technical Institute in 201673 Both were large, national for-profit chains whose sudden closures affected tens of thousands of students and thousands of employees.
After months of sanctions and years of investigations and lawsuits,74 ITT Tech announced it was ending operations on all campuses.75 When the chain closed, roughly 40,000 students were left in limbo, and many were later eligible for debt relief from the federal government.76 Similarly, after years of investigations and sanctions, Corinthian Colleges closed amid allegations of widespread misconduct, including misrepresenting job placement rate data, attendance records, and grade inflation,77 affecting about 16,000 students who were enrolled at the time of closure.78 As a result, many students who were just months away from completing their degrees were left scrambling to figure out how to continue their education, often with credits that would not transfer and significant debt but no credential to show for it.79
After years of borrowers fighting for relief, the federal government ultimately canceled $3.9 billion in loans for 208,000 borrowers who had attended ITT Tech80 and discharged $5.8 billion in loans for 560,000 borrowers who attended Corinthian.81
6. Colleges could shop around for the easiest accreditor
The department’s proposed changes would also make it easier for institutions—including colleges and programs that are already facing adverse action82 or other noncompliance issues, such as probation,83 actions of noncompliance,84 or loss of accreditation—to switch accreditors. The draft language weakens the federal guardrails that are supposed to prevent institutions from shopping for a more permissive accreditor by removing language that clearly requires approval and by creating a framework in which a change appears to be approved unless the secretary determines there is a specific reason not to allow it.
The previous administration drew a clear line against accreditor shopping and warned that it would not allow institutions to use a new accreditor as a way to lower academic standards.85 In its 2022 guidance, the department emphasized that accreditation is supposed to protect students and taxpayers, not serve as a loophole for schools trying to escape accountability. Moreover, it cautioned that state efforts to bypass an accreditor could weaken that gatekeeping role.86
In practice, these draft rules could lead to a race to the bottom where accreditors find themselves under pressure to grow quickly and approve schools or programs without the judgment needed to protect students, all while allowing institutions with poor outcomes to shop around for a more permissive agency.
Rather than discouraging schools from seeking the easiest accreditor, the draft regulatory language makes switching accreditors easier even when an institution is under scrutiny. For students and borrowers, this raises the risk that a school with poor performance outcomes, financial instability, or even regulatory concerns will stay open longer, under a lower standard of review, while still receiving federal aid. This could mean more federal student aid dollars flowing to institutions that are trying to evade oversight rather than improve quality.
In practice, these draft rules could lead to a race to the bottom where accreditors find themselves under pressure to grow quickly and approve schools or programs without the judgment needed to protect students, all while allowing institutions with poor outcomes to shop around for a more permissive agency.87 For students, this could mean more programs that do not deliver strong earnings or completion outcomes and fewer reliable checks before taxpayer-backed aid flows to institutions.
Conclusion
These new regulations come at a pivotal moment in higher education. The department’s proposed changes would reshape who can accredit colleges, how they operate, and the level of oversight they must exercise over institutions relying on federal financial aid.
While many of these rules exceed the authority of the Higher Education Act of 1965 and will likely face court challenges, they give the Trump administration strategic leverage to pursue tactics it has already used to great effect: pressuring colleges into preemptively enacting its ideological goals via threats to funding, whether lawful or not.88 Furthermore, the regulations threaten to weaken the entire college accreditation system by lowering standards, encouraging accreditor shopping, and easing restrictions for less qualified entrants. Ultimately, these shifts could leave students in the lurch with low-value degrees and poor career outcomes.