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Trump Administration Targets DEI in Accreditation Standards

    Client Alerts
  • April 29, 2025

On April 23, President Donald Trump issued an executive order aimed at overhauling the federal system of accreditation for higher education institutions. The order directs the U.S. Department of Education (DOE) to take aggressive steps to hold accreditors accountable for what the administration characterizes as "unlawful discrimination" tied to standards or initiatives that involve diversity, equity, and inclusion (DEI).

The order outlines major reforms to both the oversight of accrediting bodies and the expectations for institutional accreditation. Specifically, it signals the administration's intent to root out accreditation standards that reference race, ethnicity, or gender — particularly in areas such as diversity metrics, faculty hiring, student admissions, and institutional governance. It also takes aim at accrediting bodies for law and medical schools that have implemented diversity-based mandates, citing alleged violations of federal law and the Supreme Court's 2023 decision in Students for Fair Admissions v. Harvard.

The order implies that accreditation processes that have considered equity factors have resulted in low graduation rates and low "value" degrees in the sense that the earning potential of many graduates is outweighed by the debt those students are saddled with to obtain it. In other words, considering equity has diluted the value of educations that do so, according to the administration. Its proposed solutions appear to be an indirect-but-explicit route to the stripping of equity programs, the same programs that may allow medical, legal, and other professionals to better reflect the communities they ultimately serve. The proposals would remove or work around the power of accreditation entities who, to date, have considered these kinds of equity programs.  

This executive action comes as part of a broader federal campaign to reshape how civil rights laws are interpreted and enforced in education. As we've detailed in prior alerts, recent actions on Title VI and Title IX have revealed a consistent policy shift: away from institutional equity frameworks and toward a legally constrained, "objective" approach.

What This Means for Colleges and Universities

While colleges and universities are not the direct target of the order, the implications for institutional compliance, federal aid eligibility, and accreditation strategy are substantial. In particular, the order suggests the federal government will:

  • Investigate and potentially strip recognition from accreditors that condition institutional accreditation on DEI-related standards or demographic diversity benchmarks.
  • Launch reviews of law schools and medical programs that have adopted accreditation-mandated DEI practices, including those by the American Bar Association (ABA) and Liaison Committee on Medical Education (LCME).
  • Mandate new accreditation criteria that focus on student outcomes, affordability, and academic freedom, explicitly excluding race or gender-based considerations.
  • Create new pathways to accreditation through pilot programs aimed at increasing flexibility and reducing regulatory burden.
  • Permit easier transitions between accreditors for institutions that object to their current accrediting body's values or standards.

For higher education leaders, this introduces a new and potentially volatile layer of compliance risk. DEI-related policies and reporting structures that once aligned with accreditation expectations may now create friction, especially if your accreditor is subject to a federal investigation or loses its recognition.

Next Steps for Higher Education Leaders

In light of this executive order, colleges and universities should consider the following actions:

  • Review accreditation documentation and communications to determine where DEI-related standards, goals, or language appear — and assess legal risk in the current environment.
  • Assess reliance on at-risk accreditors, particularly if your institution is affiliated with bodies named in the order, such as the ABA or LCME.
  • Engage with your accreditor early to understand its posture in response to the executive order and whether it intends to revise standards.
  • Prepare internal messaging and governance plans should federal action against your accreditor affect your Title IV (financial aid) eligibility or public profile.
  • Consider coordinating with legal counsel on institutional policies, especially those concerning diversity in hiring, faculty recruitment, or student admissions, to ensure they reflect evolving legal interpretations of Title VI and Title IX.

Broader Context: Executive Action Amid Legal Challenges

The accreditation order follows a now-familiar playbook in the Trump administration's education strategy: using executive authority to reinterpret federal civil rights law and steer institutional behavior through funding and compliance mechanisms.

This approach is being challenged in court. For example, federal courts have already issued injunctions against the DOE's February 2025 "Dear Colleague" letter, which warned educational institutions against using race or identity-based criteria under Title VI. These rulings reflect judicial skepticism toward the administration's broad legal interpretations — and suggest that future litigation targeting this accreditation order is likely.

These efforts are also occurring as the administration is working to eliminate the DOE to the fullest extent permissible by law. As we have written, the prospect of realignment or reassignment of federal education responsibilities has the potential to significantly alter longstanding compliance frameworks, funding streams, and programmatic operations.

Final Takeaway

The federal government's intervention into accreditation is the latest in a series of steps that increase compliance and enforcement risks for colleges and universities. Higher education leaders and stakeholders should move swiftly to evaluate their institutional risk based on DEI-related activities. They should also prepare for continued regulatory uncertainty and increased investigative risks. For more information, please contact us or your regular Parker Poe contact.

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For more information on what you and your organization can do to achieve your public policy priorities, please contact Bruce Thompson or Ken Preede.