Accreditation for College Excellence Act of 2023

To amend the Higher Education Act of 1965 to prohibit recognized accrediting agencies and associations from requiring, encouraging, or coercing institutions of higher education to meet any political litmus test or violate any right protected by the Constitution as a condition of accreditation. 1. Short title This Act may be cited as the Accreditation for College Excellence Act of 2023 2. Prohibition on political litmus tests in accreditation of institutions of higher education (a) Operating procedures required Section 496(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(c) (1) by striking and (2) in paragraph (9), by striking the period at the end and inserting ; and (3) by adding at the end the following: (10) confirms that the standards for accreditation of the agency or association do not— (A) except as provided in subparagraph (B)— (i) require, encourage, or coerce any institution to— (I) support, oppose, or commit to supporting or opposing— (aa) a specific partisan, political, or ideological viewpoint or belief or set of such viewpoints or beliefs; or (bb) a a specific viewpoint or belief or set of viewpoints or beliefs on social, cultural, or political issues; or (II) support or commit to supporting the disparate treatment of any individual or group of individuals on the basis of any protected class under Federal civil rights law, except as required by Federal law or a court order; or (ii) assess an institution’s or program of study’s commitment to any ideology, belief, or viewpoint; (B) prohibit an institution— (i) from having a religious mission, operating as a religious institution, or being controlled by a religious organization (in a manner described in paragraph (1), (2), (3), (4), (5), or (6) of section 106.12(c) of title 34, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph)), or from requiring an applicant, student, employee, or independent contractor (such as an adjunct professor) of such an institution to— (I) provide or adhere to a statement of faith; or (II) adhere to a code of conduct consistent with the stated religious mission of such institution or the religious tenets of such organization; or (ii) from requiring an applicant, student, employee, or contractor to take an oath to uphold the Constitution of the United States; or (C) require, encourage, or coerce an institution of higher education to violate any right protected by the Constitution. . (b) Limitation on scope of criteria Section 496(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(g) (g) Limitation on scope of criteria (1) In general The Secretary shall not establish criteria for accrediting agencies or associations that are not required by this section. (2) Institutional eligibility An institution of higher education shall be eligible for participation in programs under this title if the institution is in compliance with the standards of its accrediting agency or association that assess the institution in accordance with subsection (a)(5), regardless of any additional standards adopted by the agency or association for purposes unrelated to participation in programs under this title. . April 23, 2024 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Accreditation for College Excellence Act of 2023This bill revises the requirements for an accrediting agency to be recognized by the Department of Education as a reliable authority on the quality of education being offered at an institution of higher education (IHE).Specifically, an accrediting agency must confirm that its standards do not require, encourage, or coerce an IHE to (1) support, oppose, or commit to supporting or opposing specific partisan, political, or ideological viewpoints or beliefs or specific viewpoints or beliefs on social, cultural, or political issues; or (2) support or commit to supporting the disparate treatment of any individual or group on the basis of any protected class under federal civil rights law.Additionally, an accrediting agency must confirm that its standards do not prohibit an IHE from having a religious mission. The accrediting agency may not prohibit the IHE from requiring an applicant, student, employee, or independent contractor to provide a statement of faith or adhere to a code of conduct.The bill specifies that an IHE shall be eligible to participate in federal student aid programs if the IHE is in compliance with the standards of the accrediting agency that assesses the IHE in accordance with statute.