1840-AD82 202510 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1840 Office of Postsecondary Education OPE 1800 Department of Education ED Accreditation Issues

The Department proposes to engage in negotiated rulemaking to address accreditation issues to clarify institutional flexibility to pursue changes of accreditors without prior Department approval and remove other burdensome requirements that erect barriers to entry for new accreditation agencies.

 

On December 26, 2024, the Department issued a Notice of Termination of negotiated rulemaking process for State Authorization, Cash Management, Accreditation and Related Issues closing the Notice of Intent to Commence Negotiated Rulemaking, 88 FR 43069 (July 6, 2023).

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage No No Deregulatory 34 CFR 600 34 CFR 602 20 U.S.C. 1099b Yes

This rule aligns Department regulations with Executive Order 14279, Reforming Accreditation to Strengthen Higher Education, issued on April 23, 2025, particularly to clarify institutional flexibility to pursue changes of accreditors without prior Department approval and remove other burdensome requirements that erect barriers to entry for new accreditation agencies.

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The Department is conducting this rulemaking under 20 U.S.C. 1099b.


Executive Order 14279 requires the Department to reform the Higher Education Accreditation system in the following ways: (1) ensure programs are free from unlawful discrimination, (2) allow institutions to adopt practices that advance credential and degree completion, (3) require institutions to prioritize academic freedom, (4) inhibit accreditors from using their role to violate State laws, and (5) prohibit accreditors from engaging in practices that result in burdensome costs to students.

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Alternatives will be discussed in the notice of proposed rulemaking and final rule.

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Anticipated Costs and Benefits will be discussed in the notice of proposed rulemaking and final rule.

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Risks will be discussed in the notice of proposed rulemaking and final rule.

]]> Notice of Intent to Commence Negotiated Rulemaking 01/27/2026 91 FR 3403 NPRM 07/00/2026 Undetermined Undetermined No www.regulations.gov No No Jeffrey Andrade R. Deputy Assistant Secretary for Policy, Planning and Innovation 1840 Office of Postsecondary Education OPE 202 708-7888 400 Maryland Avenue SW, Washington DC 20202