Executive Order Targets Accreditors That Impose DEI Requirements on Colleges

Quick Hits

• A new executive order aims to prevent accrediting organizations from requiring DEI practices for accreditation.
• The executive order notes that accreditors are the gatekeepers that decide which colleges and universities students can spend their federal student loan money on.

The executive order, “Reforming Accreditation to Strengthen Higher Education,” aims to eliminate DEI requirements in standards of accreditation. Specifically, the order warns against DEI-based accreditation standards that require colleges to “share results on [DEI] in the context of their mission by considering … demographics … and resource allocation.” The order calls for accrediting organizations that require colleges to engage in DEI initiatives to be held accountable.

The order states that “[a]ccreditors routinely approve institutions that are low-quality” and “offer … a negative return on investment” for students. It calls on accreditors to assist colleges in “focus[ing] on delivering high-quality academic programs at a reasonable price.” It also warns that accreditors could face “denial, monitoring, suspension, or termination of accreditation recognition” for violating federal law, including by requiring schools to demonstrate DEI initiatives.

The executive order requires accreditors to mandate that colleges “use data on program-level student outcomes to improve … outcomes, without reference to race, ethnicity, or sex.”

Ogletree Deakins will continue to monitor developments and will provide updates on the Diversity, Equity, and Inclusion Compliance and Higher Education blogs as new information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ New Administration Resource Hub.

Amanda T. Quan is a shareholder in Ogletree Deakins’ Cleveland office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts