We Are Less Than One Week Away From the 2026 Midterm Elections

Overview
Within the next seventy-two hours CSPEN anticipates that the U.S. Department of Education (Department) is likely to publicly announce the “unofficial” release of the Final Rule implementing sweeping regulatory revisions on accreditation.

As you may recall, Executive Order 14279 required the Department to reform the Higher Education Accreditation system in the following ways: (1) ensure programs are free from unlawful discrimination, (2) allow institutions to adopt practices that advance credential and degree completion, (3) require institutions to prioritize academic freedom, (4) inhibit accreditors from using their role to violate State laws, and (5) prohibit accreditors from engaging in practices that result in burdensome costs to students.

The Administration’s directive led to the January announcement by the Department of its intent to host the 2026 Federal Negotiated Rulemaking entitled “Accreditation, Innovation, and Modernization.” The AIM Committee was formed and over the course of two week-long sessions in April and May a group of negotiators worked with the Department to develop and approve by consensus to revise the existing accrediting agency recognition regulations at 34 CFR part 602 (us.list-manage.com/bAOUAPG369p?e=05bce952ad&c2id=828e2f13ae2569477ba2b7da4ef30812) .

On August 20 the Department released and published in the Federal Register a Notice of Proposed Rulemaking (NPRM) entitled, Accreditation, Innovation, and Modernization: The Secretary’s Recognition of Accrediting Agencies: Institutional Eligibility Under the Higher Education Act of 1965, as Amended, Student Assistance General Provisions (us.list-manage.com/zOfeZ41r8bF?e=05bce952ad&c2id=828e2f13ae2569477ba2b7da4ef30812) . The NPRM provided the higher education community and other interested parties with one month to share comments, recommendations, and feedback by September 21 and the Department received over 7.000 submissions.

The Department took one month to review the comments before submitting a draft of the proposed final rules to White House’s Office of Information and Regulatory Affairs within the Office of Management and Budget on October 19. Leaving just two weeks for review, any final revisions, and publication in the Federal Register by this Friday in order to meet the Master Calendar requrements.

As of right now, everyone is awaiting their release.