Fairness in Higher Education Accreditation Act

This bill changes how college accreditors are recognized by the federal government. Accreditors would have to judge whether schools protect “free inquiry”—for public colleges, that means following the First Amendment and their own academic freedom policies; for private colleges, that means following their written policies on speech, religion, assembly, and academic freedom. Certain religious schools would be exempt from this “free inquiry” requirement.

The bill also blocks accreditors from setting rules, investigating, or making decisions based on the race, color, sex, or national origin makeup of students, faculty, staff, leaders, or people getting honors. Accreditors could not consider those factors in accreditation, and must allow each school to choose any lawful policy on those topics. If a school’s accreditation is threatened because an accreditor breaks these rules, the school could sue.

• Who is affected: College accreditors; public and private colleges; religious institutions.
• What changes: Add a “free inquiry” check (with a religious exemption); ban using race, sex, or national origin makeup in accreditation decisions; allow schools to sue if accreditors violate these bans.