On August 20, ED published the Accreditation, Innovation, and Modernization (AIM) notice of proposed rulemaking (NPRM) in the Federal Register. Public comments may be submitted via regulations.gov under Docket ID ED-2025-OPE-1042 through September 21. ED states that the NPRM is intended to implement Executive Order 14279, which instructs ED to hold ED-recognized accreditors accountable for “unlawful” DEI-related activities and to “realign accreditation with high-quality, valuable education for students.” Because the AIM negotiated rulemaking committee reached consensus, the NPRM mirrors the AIM committee draft language almost exactly. According to ED statements during the AIM negotiated rulemaking, ED plans to publish the AIM final rule by November 1, 2026 in advance of a July 1, 2027 implementation date. The NPRM proposes to require accreditors to modify their existing standards to include, among other things, review of institutional compliance with the following proposed requirements: - Achievement of “student success with respect to student achievement” based on an assessment of (a) state licensing or certification examination results, where applicable; (b) program retention, completion, or graduation rates; (c) post-completion or graduation outcomes, including employment and continued education; (d) scores on standardized assessments for admission to higher-level degree programs, where applicable; and (e) “educational and economic returns” relative to the total cost of program attendance. These returns would be assessed using (1) the earnings data collected under the Accountability Final Rule, (2) enhanced unemployment insurance wage records, or (3) other reliable earnings data available to the accreditor.
- Maintaining “appropriately qualified faculty” who are subjected to regular performance evaluations.
- Conducting a cost-benefit analysis regarding institutions’ use of facilities, equipment, supplies, and student support services.
- Maintaining an institutional policy for undergraduate programs that would allow credit to transfer for “coursework that has been successfully completed at another institution that is accredited by an agency recognized by the Secretary and is comparable in content and learning outcomes to the institution’s own course offerings, unless the institution provides a written basis for denial[.]” The NPRM specifies that such policies would not allow institutions to “deny the transfer of credit based on the institution at which the student completed the coursework or the agency that accredits that institution, so long as the agency is recognized by the Secretary.” An institution would be required to provide a student the opportunity to appeal a decision to deny transfer credit within 15 days.
- Adhering to academic freedom protections for faculty regardless of “viewpoint” and “ideology,” including institutional policies to protect the expression of faculty’s academic perspectives, provided such perspectives are within the scope of the course subject matter the faculty member is teaching.
- Maintaining an institutional policy that “appropriately prioritize[s] intellectual diversity and the free exchange of ideas amongst faculty[.]”
Additionally, the NPRM would simplify the process for institutions seeking to change accreditors or add a new institutional accreditor. AACS encourages any institution that has concerns with or suggestions for the proposed language to submit comments to the NPRM. AACS will continue to keep members informed as the rulemaking progresses. |
