By Katherine D. Brodie, Edward Cramp, Anthony J. Guida Jr., Kristina Gill, Daniel R. Walworth and Jen DeMay
On August 20, 2026, the U.S. Department of Education published a proposed Accreditation, Innovation and Modernization Rule that includes sweeping changes to the federal regulations governing the recognition and oversight of accrediting agencies under Title IV of the Higher Education Act. The proposed rule largely implements Executive Order 14279, “Reforming Accreditation to Strengthen Higher Education,” which directed the Department to modernize accreditation standards and reduce regulatory barriers. On September 21, 2026, 23 state attorneys general submitted public comment asserting that the proposed rule is likely to lead to harm to institutions of higher education, students and accrediting agencies, including by incentivizing lowered accreditation standards and oversight.