April 15, 2026
Overview of the Trump Administration’s Draft Accreditation Rules: Loosening Federal Approval while Tightening Federal Control of Accreditors
In Overview of the Trump Administration’s Draft Accreditation Rules: Loosening Federal Approval while Tightening Federal Control of Accreditors , EducationCounsel examines proposed regulations that represent the most significant overhaul of higher education accreditation in a generation. Released by the U.S. Department of Education on 4/6/2026, the proposal would simultaneously move the accreditation system in two different directions: It loosens accreditation’s key gatekeeping function of granting institutions access to Pell grants and student loans, while also placing those gatekeepers (and therefore higher education institutions) under an unprecedented level of federal control.
In key respects, the proposed regulations appear to exceed the Higher Education Act’s statutory limits on the Secretary’s authority, encroach on the independent standard-setting authority Congress reserved to accreditors, and raise concerns regarding the First Amendment rights of accreditors and institutions of higher education, faculty, and students.
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