Washington Watch: ED releases new draft of accreditation regs

“The Education Department this week released new draft regulations in advance of next week’s second and final week-long accreditation negotiated-rulemaking sessions. Most of the regulations are unchanged, such as new requirements related to the monitoring of student achievement, including on a programmatic basis; as well as a requirement that First Amendment and otherwise legally protected practices be overseen by accreditors. However, a variety of important changes were made to the previous iteration. Some are outlined below. Transfer of credit The latest draft largely keeps the language presented during the first week’s negotiations, that an agency must ensure that institutions “Presume the transferability of undergraduate credits earned at another institution accredited by a nationally recognized accrediting agency count toward general education requirements, or electives, absent a detailed, written, academic rationale that is specific to the courses completed by the student and does not consider the accrediting agency of the institution at which the student completed the coursework. Any denial notification provided to the student shall include the cost to the student to repeat or replace the credits at the institution.” Obviously, this is a far-reaching requirement. But the new draft adds two additional conditions by which accreditors must evaluate institutions. The updated draft rules add new requirements in the transfer of credit area. Institutions would have to: Provide prospective students with a transfer credit evaluation at the time of acceptance based on transcripts of prior academic work submitted with their application, or within 45 days after submission of the transcript in instances where the transcript is received after the time of acceptance; and Disclose to prospective students potential obstacles to receiving full transfer credit for institutions that advertise degree programs specifically designed to transfer to higher-level degrees. Academic freedom A new definition of “academic freedom” that accreditors would enforce has also been introduced in this version of the draft regulations. That extensive language will not be reproduced here; it can be said to generally conform with how this concept has been interpreted and practiced on campus, stipulating that this is done differently in different places and has critical nuances in its operationalization. However, of note is the fact that the regulation also adds a new clause that addresses intellectual diversity, which as several negotiators commented in the first week of discussions, is often unhelpfully associated with academic freedom. The new language states that: “Nothing in this definition [defining academic freedom] shall be construed to prohibit institutions or accrediting agencies from adopting and enforcing policies reasonably designed to promote intellectual diversity, the exposure of students to a range of scholarly viewpoints, or the balanced presentation of competing perspectives, so long as such policies do not infringe the core protections of academic freedom described in this section.” Authorizing an explicit role for accreditors in enforcing policies on “intellectual diversity” represents an important new concept for federal regulation, irrespective of any extent to which it might directly impact community colleges. Other noteworthy items Another new area of required accreditor involvement relates to the integrity of research and scholarly activity. Not surprisingly, the draft rules address the use of artificial intelligence in research efforts. New provisions would bar accreditors from reviewing aspects of institutional governance that are established by state law, including the appointment of institutional directors or officers by state officials. New procedures are established for input to accreditors from students, staff and faculty, addressing the institution’s compliance with accreditation standards. Up next Again, accreditors will meet next week to discuss these and other provisions. A vote on consensus is scheduled for May 22. The post Washington Watch: ED releases new draft of accreditation regs first appeared on Community College Daily .

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