PRESS RELEASE: Defense of Freedom Institute Urges Department of Education to Rescind Politically Motivated Biden-Era Accreditation Guidance

WASHINGTON—The Defense of Freedom Institute for Policy Studies (DFI) is urging the new leadership at the U.S. Department of Education to rescind Biden-era accreditation guidance, which unlawfully interferes with state oversight of public higher education institutions.

DFI argues the 2022 guidance imposes unprecedented federal approval requirements on colleges and universities seeking to change accreditors and believes this move during the Biden administration directly targeted Florida’s Senate Bill 7044 (SB 7044). The bill, signed by Governor Ron DeSantis in April 2022, sought to break the monopoly of the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) on the accreditation of Florida’s public universities. At the time of the new accreditation guidance, DFI submitted a formal letter to then Secretary of Education Miguel Cardona and Under Secretary James Kvaal, urging the Department to reverse its overreach and restore fairness and competition in the accreditation process.

DFI argues that the Biden-era guidance:

• Exceeds the Department’s legal authority, violating the Higher Education Act (HEA) and the Administrative Procedure Act (APA).
  
• Interferes with state sovereignty, disregarding Florida’s authority to enact education reforms.
  
• Stifles competition, maintaining an accreditation monopoly that limits institutional flexibility.
  
• Coerces institutions into compliance, threatening federal funding in violation of constitutional federalism and separation of powers.

“With President Trump’s return to the White House, now is the time for the Department of Education to correct course,” said DFI President and Co-Founder Bob Eitel. “Rescinding this unlawful guidance would be an essential first step toward a higher education system that is more accountable, competitive, and free from ideological bias.”

Florida has pushed back against this federal overreach, filing a lawsuit in June 2023 against the Department of Education for violating the U.S. Constitution and federal law. Although the case was dismissed in October 2024, Florida has appealed the decision to the U.S. Court of Appeals for the Eleventh Circuit. Meanwhile, the Department has slowed approval processes for Florida universities seeking new accreditation, placing unnecessary bureaucratic obstacles in their path.

To read DFI’s letter urging the Trump administration to rescind the Biden-era accreditation guidance, click here.