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119-hr-5121119th CongressWALLET

Fairness in Higher Education Accreditation Act

Sponsored By: Representative Stefanik, Elise M. [R-NY-21]

Introduced

Summary

Prohibits accrediting agencies from using race, color, sex, or national origin in accreditation decisions. The bill would rewrite recognition rules for accreditors, add a new free inquiry standard, and create religious exemptions and a civil remedy for affected schools.

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  • Public and private colleges and universities could adopt lawful policies on student body makeup, faculty, leadership, and honors without being judged by accreditors on race or sex. The bill defines free inquiry for public institutions by First Amendment standards and for private institutions by their written speech and academic freedom policies.
  • Accrediting agencies would be barred from imposing requirements, investigations, recommendations, or considering any factor tied to race, color, sex, or national origin in three specific areas: composition of students/faculty/staff, leadership roles, and recipients of honors. Agencies would only be treated as reliable to the extent they permit institutions to set those lawful policies.
  • A set of religiously affiliated institutions would be exempt from the free inquiry rules. Schools facing denial or loss of accreditation over a violative accreditor action could sue under existing Higher Education Act civil action provisions.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Free speech rules in accreditation reviews

If enacted, accreditors would have to assess each school on "free inquiry." For public colleges, this would mean following the First Amendment and the school’s own academic freedom policies. For private colleges, this would mean following the school’s written policies on speech, association, press, religion, assembly, petition, and academic freedom. Some religiously controlled schools would be exempt if they meet any of six listed criteria, such as divinity schools or schools that require faith practice.

Limits on accreditors using race or sex

If enacted, accreditors would be barred from setting standards, investigating, or making recommendations based on race, color, sex, or national origin. This would cover student body makeup, faculty or staff, leadership posts, and who gets honors or awards. An agency would count as a reliable authority only if it lets every school, and each part of it, adopt any lawful policy on those factors, regardless of the school’s mission. Other accreditation criteria would also have to follow this ban.

Colleges could sue over accreditation violations

If enacted, a college could sue if it faces denial, loss, or an imminent threat to its accreditation because an accreditor violated the new ban on using race, color, sex, or national origin. Lawsuits would follow the existing procedures in section 496(e) and (f).

Sponsors & CoSponsors

Sponsor

Stefanik, Elise M. [R-NY-21]

NY • R

Cosponsors

  • Rep. McDowell, Addison P. [R-NC-6]

    NC • R

    Sponsored 9/3/2025

  • Rep. Norman, Ralph [R-SC-5]

    SC • R

    Sponsored 9/3/2025

Roll Call Votes

No roll call votes available for this bill.

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