Introduction

America’s accrediting structure reinforces politicization in higher education by inhibiting the creation of new accreditors and the creation of new institutions of higher education. The institutional bias toward the existing accreditors and institutions establishes a quasi-monopoly at all levels in higher education. Radicals in the higher education establishment exploit this quasi-monopoly to impose politicized policies, since Americans who want to have access to federal student aid have little or no chance to choose new accreditors or institutions.

The Accreditation Innovation Act amends 20 U.S. Code § 1099b - Recognition of accrediting agency or association to remove the federal government’s bias toward existing accreditors and institutions.

One reform strikes the words “and the experience” from accrediting recognition experience, since those words have created a Catch-22 that limits recognition to the existing cartel of accreditors, who by definition are the only accreditors with accrediting experience.

A second reform makes it easier for new entrants into the higher education marketplace, by requiring accreditors to “establish and apply policies to facilitate the timely, fair, and equitable accreditation of new educational institutions,” and to report annually on the effect of these policies.

These two reforms jointly remove the existing statutory bias toward quasi-monopoly in our system of higher education.

While the Accreditation Innovation Act amends 20 U.S. Code § 1099b - Recognition of accrediting agency or association, we would welcome bills that achieve the same intent by adaptation of other parts of the federal statutes. We also would welcome executive orders or Education Department agency rules that achieve the same goal—although federal legislation would be preferable, since executive orders and agency rules can be revoked more easily.

Model Legislative Text

SECTION A. SHORT TITLE

This Act may be cited as the “Accreditation Innovation Act of {20XX}”.

SECTION B. EXPEDITING ENTRANCE OF NEW ACCREDITING AGENCIES

1. In General.— 20 U.S. Code § 1099b - Recognition of accrediting agency or association is amended so that (a)(1) strikes the words “and the experience” and reads as follows:

“(1) the accrediting agency or association shall be a State, regional, or national agency or association and shall demonstrate the ability to operate as an accrediting agency or association within the State, region, or nationally, as appropriate;”.

SECTION C. EXPEDITING ENTRANCE OF NEW INSTITUTIONS

1. In General.— 20 U.S. Code § 1099b - Recognition of accrediting agency or association is amended by adding to the end of (a) Criteria required the following new section:

“(9) such an agency or association shall establish and apply policies to facilitate the timely, fair, and equitable accreditation of new educational institutions, which shall include

“(A) annual submission to the Secretary of a report of its policies to facilitate the timely, fair, and equitable accreditation of new educational institutions; and

“(B) annual submission to the Secretary of a comprehensive list of all new educational institutions it has accredited.”

SECTION D. SEPARABILITY

If any provision of this Act, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of its provisions to any other person or circumstance shall not be affected thereby.