(Reuters) – U.S. President Donald Trump issued an executive order this week targeting the non-government agencies that accredit universities and other higher-education institutions, saying that some promote diversity he considers to be a form of unlawful discrimination.
The order instructs Education Secretary Linda McMahon to consider terminating government approval of higher-education accrediting agencies that require colleges to show a commitment to having staff and students who are diverse with regard to gender, race and ethnic background.
HOW ARE U.S. UNIVERSITIES ACCREDITED?
The U.S. federal government does not run any universities or colleges, nor does it accredit them. Instead, under the Higher Education Act of 1965, the education secretary “recognizes” various private educational associations, as well as some agencies run by state governments, that can accredit colleges through a peer review process if they meet criteria laid out by Congress.
The government has recognized more than 30 accrediting agencies, including regional agencies and agencies with a narrow focus on particular professional educational programs. For example, a division of the American Bar Association is the main accrediting agency for law degree programs in the U.S.; the New England Commission of Higher Education accredits colleges in much of the Northeast, including Harvard University.
WHAT DOES ACCREDITING MEAN?
The Higher Education Act says that the main role of accrediting agencies is to ensure the quality of education received by students and to serve as a guarantor of the diplomas issued by accredited schools.
In order to receive Pell Grants or student loans disbursed by the U.S. Department of Education, a student must generally enroll at an accredited or “pre-accredited” institution. The department issues more than $100 billion in grants and loans each year, according to the White House.
The law requires accrediting agencies to lay out clear standards and processes, and that they must assess a college or university by looking at student achievement, graduation rates, curricula, faculty, facilities and admissions practices, among other criteria.
WHAT IS TRUMP’S CRITICISM OF ACCREDITING AGENCIES?
Trump, a Republican, has repeatedly criticized U.S. universities for being bastions of what he calls anti-American, Marxist and “radical left” ideologies, and has said accreditation agencies are partly to blame.
In his order, he criticized any agency that sought to promote diversity, equity and inclusion in its accreditation standards with regards to gender, race or ethnic background. He ordered the education secretary to eradicate those criteria within the bounds of existing law. He also ordered McMahon to see that accredited institutions support “intellectual diversity” in their faculties, which many conservatives consider to be left-leaning.
WHAT POWERS DOES THE EDUCATION DEPARTMENT HAVE OVER ACCREDITORS?
Some of Trump’s goals may require Congress to amend the law. The Higher Education Act says the education secretary is not permitted to establish additional criteria for accrediting agencies beyond those Congress included in the Higher Education Act. Nor is the secretary allowed to define or prescribe the standards used by an agency to assess a college’s student achievement.
However, the law does allow accrediting agencies to adopt “additional standards” beyond those laid out by Congress in making their accreditation decisions.
An accrediting agency must reapply for recognition by the education secretary at most every five years. If an accrediting agency fails to meet the criteria laid out in the Higher Education Act, the education secretary can terminate its recognition only “after notice and opportunity for a hearing.”
WHAT DOES THE HIGHER EDUCATION ACT SAY ABOUT DIVERSITY?
The law repeatedly refers to promoting various forms of diversity at U.S. colleges. For example, the law requires institutions provide information for current and prospective students on “student body diversity,” including a breakdown of the gender and racial makeup of full-time students. The law also lays out grant programs intended for women and other historically under-represented minority groups, and it states that “underrepresentation of minorities in science and technological fields diminishes our Nation’s competitiveness.”
(Reporting by Jonathan Allen; Editing by Frank McGurty and Daniel Wallis)
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