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Federal Education Department Threatens Accrediting Agency Over DEI Standards

3/18/2026, 11:31:49 AM

Core Event: Federal Pressure on MSCHE Regarding DEI Standards

The U.S. Department of Education is exerting pressure on the Middle States Commission on Higher Education (MSCHE) to eliminate its Diversity, Equity, and Inclusion (DEI) standards, which are viewed as potentially conflicting with federal law following a 2023 Supreme Court ruling against race-based admissions practices. This ultimatum comes as MSCHE oversees accreditation for numerous prestigious institutions, including Columbia University and the University of Pennsylvania, which are critical for accessing over $20 billion in federal student loans and grants.

Background & Context: The Role of MSCHE and DEI Standards

MSCHE serves as a key accrediting body, ensuring that higher education institutions meet certain quality standards. However, its current DEI standards, which include considerations for racial diversity, have drawn scrutiny from federal officials. Under-Secretary of Education Nicholas Kent has indicated that these standards may violate federal law, particularly in light of the Supreme Court's decision, prompting the Education Department to demand their removal.

Official Statements & Responses

Nicholas Kent communicated to MSCHE President Heather Perfetti that the agency must refrain from enforcing DEI standards to avoid potential noncompliance. He stated, “If the agency were found to be applying suspended DEI standards... such action could constitute noncompliance.” Adam Kissel, a member of the National Advisory Committee on Institutional Quality and Integrity, expressed concerns that MSCHE's DEI requirements suggest a preference for treatment based on race, which could conflict with federal guidelines.

Criticism & Opposition: Concerns Over Educational Quality

Critics of MSCHE's DEI standards argue that they may contribute to a decline in educational quality. President Donald Trump’s April 2025 executive order highlighted that only 64% of undergraduates complete their degrees within six years, attributing part of this failure to accrediting agencies approving low-quality institutions. The Education Department's push for accountability aims to ensure that accrediting bodies do not promote practices that could be seen as discriminatory.

What's Next: Monitoring Reports and Future Actions

The Education Department has mandated that MSCHE submit two monitoring reports—one in six months and another in one year—detailing its progress in eliminating DEI standards. This requirement underscores the federal government's commitment to enforcing compliance with non-discrimination laws and holding accrediting agencies accountable for their practices.

Verbatim Quotes

  • “Accreditors should not be compelling institutions or programs to violate federal or state law — especially regarding discrimination,” — Adam Kissel, National Advisory Committee on Institutional Quality and Integrity
  • “ Kissel told The Post of MSCHE, “They require reflection on campus-wide DEI, including addressing disparate impact, which suggested to me an interest in requiring treatment of people on the basis of race.” — Adam Kissel
  • “If the agency were found to be applying suspended DEI standards to one or more institutions, such action could constitute noncompliance.” — Nicholas Kent, Under-Secretary of Education

This situation highlights the ongoing debate over the role of DEI in higher education and the federal government's increasing involvement in regulating accreditation practices.