Fairness in Higher Education Accreditation Act
Sponsored By: Senator Banks, Jim [R-IN]
Introduced
Summary
Stops accrediting agencies from using race, sex, or national origin when judging colleges. This bill would bar accreditors from imposing or considering those characteristics for students, faculty, staff, leaders, or honorees and would require accreditors to allow institutions to adopt any lawful policy on these matters.
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- Colleges and their subunits would be allowed to set lawful policies on demographics without facing accreditation penalties.
- Accrediting agencies would be banned from setting standards, investigating, or making recommendations about the race, color, sex, or national origin composition of a school's people.
- Public colleges would be held to the First Amendment and their written academic freedom rules. Private colleges would be bound to their own written rules on free speech, association, press, religion, assembly, petition, and academic freedom.
- Certain religiously controlled schools would be exempt from the bill's free inquiry rule if they meet the listed doctrinal or governance criteria.
- Institutions could bring a civil action if accreditation is denied, withdrawn, terminated, or threatened because of a violation of these prohibitions.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 1 benefits, 0 costs, 2 mixed.
Accreditors can’t use race or sex
If enacted, accreditors could not use race, color, sex, or national origin when judging colleges. They also could not set standards, investigate, or make recommendations about those traits. The bill makes an existing interpretive paragraph explicitly subject to that ban.
Free inquiry rule for accreditors
If enacted, the bill would make 'free inquiry' a condition for federal accreditor recognition. For public schools, that means following the First Amendment and written academic freedom policies. For private schools, it means following the school's written policies on speech, association, religion, assembly, petition, and academic freedom. Accreditors would have to allow each school to adopt any lawful policy about race, color, sex, or national origin. The bill would exempt certain religious colleges that meet listed control or doctrinal tests.
Colleges could sue over accreditation
If enacted, a college could sue if it loses or faces loss of accreditation because an accreditor violated the ban on using race, color, sex, or national origin. The legal claim would proceed under the current section 496(e) and (f) procedures.
Sponsors & CoSponsors
Sponsor
Banks, Jim [R-IN]
IN • R
Cosponsors
Sen. McCormick, David [R-PA]
PA • R
Sponsored 9/29/2026
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 7/8/2025
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 7/14/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov