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.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3803 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3803
To modify the criteria for recognition of accrediting agencies or
associations for institutions of higher education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 5, 2023
Mr. Banks (for himself and Mr. Steube) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To modify the criteria for recognition of accrediting agencies or
associations for institutions of higher education.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Higher Education
Accreditation Act''.
SEC. 2. CRITERIA FOR RECOGNITION OF ACCREDITING AGENCIES OR
ASSOCIATIONS.
Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b)
is amended--
(1) in subsection (a)--
(A) in paragraph (5)--
(i) in subparagraph (I), by striking
``and'' after the semicolon;
(ii) in subparagraph (J), by inserting
``and'' after the semicolon; and
(iii) by inserting after subparagraph (J),
and before the flush text, the following:
``(K) except in the case of an institution
described in subsection (r)(2), success in ensuring a
right of free inquiry (as defined in subsection
(r)(1));'';
(B) in paragraph (7), by striking ``and'' after the
semicolon;
(C) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(9) as part of the accrediting process, such an agency or
association shall not consider--
``(A) the diversity, equity, and inclusion policies
of an institution of higher education; and
``(B) the racial composition of the accepted
applicants, students, or the faculty or staff, of an
institution of higher education.'';
(2) in subsection (g), in the second sentence, by striking
``Nothing in this Act'' and inserting ``Subject to subsection
(a)(9), nothing in this Act'';
(3) in subsection (p), by striking ``Nothing in subsection
(a)(5)'' and inserting ``Subject to subsection (a)(9), nothing
in subsection (a)(5)''; and
(4) by adding at the end the following:
``(r) Free Inquiry.--
``(1) Free inquiry.--In this section, the term `free
inquiry' means--
``(A) in the case of a public institution of higher
education that is legally required to abide by the
First Amendment to the Constitution, compliance with--
``(i) the First Amendment to the
Constitution, including protections for freedom
of speech, association, press, religion,
assembly, and petition; and
``(ii) the institution's own written
policies regarding academic freedom; or
``(B) in the case of a private institution of
higher education, adherence to the institution's
written institutional policies concerning freedom of
speech, association, press, religion, assembly,
petition, and academic freedom.
``(2) Religious exemption.--An institution described in any
of subparagraphs (A) through (F) shall not be subject to the
free inquiry requirements of subsection (a)(5)(K). Such exempt
institutions shall include:
``(A) An institution that is a school or department
of divinity.
``(B) An institution that requires its faculty,
students, or employees to be members of, or otherwise
engage in religious practices of, or espouse a personal
belief in, the religion of the organization by which it
claims to be controlled.
``(C) An institution that in its charter or
catalog, or other official publication, contains an
explicit statement that it is controlled by a religious
organization or an organ thereof, or is committed to
the doctrines or practices of a particular religion,
and the members of its governing body are appointed by
the controlling religious organization or an organ
thereof, and it receives a significant amount of
financial support from the controlling religious
organization or an organ thereof.
``(D) An institution that has a doctrinal statement
or a statement of religious practices, along with a
statement that members of the institution community
must engage in the religious practices of, or espouse a
personal belief in, the religion, its practices, or the
doctrinal statement or statement of religious
practices.
``(E) An institution that has a published
institutional mission that is approved by the governing
body of an educational institution and that includes,
refers to, or is predicated upon religious tenets,
beliefs, or teachings.
``(F) An institution with respect to which there is
other evidence sufficient to establish that the
institution is controlled by a religious organization,
pursuant to section 901(a)(3) of the Education
Amendments of 1972 (20 U.S.C. 1681(a)(3)).''.
SEC. 3. CIVIL ACTION.
An institution of higher education (as defined in section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002), and including both
public and private institutions as so defined) that is subject to a
denial, withdrawal, or termination of accreditation as a result of an
accrediting agency or association's violation of the prohibition
established in paragraph (9) of section 496(a) of the Higher Education
Act of 1965 (20 U.S.C. 1099b(a)), as added by section 2 of this Act,
may pursue a civil action in accordance with subsections (e) and (f) of
such section 496.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
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