In a new essay for the Harvard Law Review Blog, CSHE faculty affiliate Professor Jonathan D. Glater examines the legal mechanisms behind recent federal efforts to overhaul the university accreditation system.
In "Controlling Higher Education Through Accreditation," Glater argues that while accreditation is often seen as a technical, administrative process, it is currently being used as a primary tool for federal intervention in higher education. Student access to over $120 billion in federal loans and Pell Grants is contingent on a school being accredited. By targeting the agencies that grant this status, the federal government can exert massive influence over "what is taught, by whom, and potentially to whom" without passing new legislation.
Glater’s analysis provides a vital roadmap for understanding the shift from individual university investigations to a "mass overhaul" of the system. He highlights that while there is very little existing case law in this "arcane area of federal law," the outcome of these disputes will define the relationship between the administrative state and American universities for decades.