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Be In the Know: Draft Regulations for Negotiated Rulemaking on Accreditation

Be In the Know: Draft Regulations for Negotiated Rulemaking on Accreditation

HLC encourages members to review the draft regulations released by the U.S. Department of Education (ED) for the upcoming Accreditation, Innovation, and Modernization (AIM) negotiating rulemaking committee.

In January, the U.S. Department of Education (ED) announced its intent to establish the AIM negotiating rulemaking committee. The committee was tasked with developing proposed regulations on a variety of accreditor-related topics, such as simplifying ED’s regulations for recognition and review of accrediting agencies and revising ED’s criteria and regulations for accrediting agencies to emphasize student achievement and outcomes standards. The committee is set to meet for two weeklong sessions this spring: April 13–17 and May 18–22, 2026.

This week, ED released the draft regulations, the list of negotiators, and a summary of proposed changes. Materials related to the AIM Committee can be found on ED’s website, and the list of materials available will continue to grow as the sessions take place.

HLC’s Response 

HLC is carefully reviewing the draft regulations and evaluating the potential impacts on HLC operations and those of our member institutions. HLC will be following the sessions closely and providing input wherever possible.

What Does This Mean for HLC Members

The draft regulations contain many proposed changes to the standards that accreditors must have for member institutions, including related to matters such as student achievement, institutional review of faculty, academic freedom and First Amendment compliance, cost-benefit analyses for expenditures, and presumptive acceptance of transfer credits.

The draft regulations also scale back certain existing regulatory requirements related to substantive change.

In addition, the draft regulations would prohibit representatives from member institutions on accreditor decision-making bodies from participating in determining accreditation policy.

Next Steps

Institutions are a critical voice in this conversation, and the next iteration of these regulations would benefit from being informed by the perspectives of the wide variety of institutions that HLC accredits and that the regulations will affect. Institutions providing input should do so through constituent representatives and others as the negotiated rulemaking process gets underway.

Following the conclusion of the second negotiated rulemaking session, ED will publish its proposed rule and open a public comment period, during which institutions may also provide direct feedback to the department.

Keeping You Informed

HLC will monitor these issues through our contacts in the Triad and at higher ed organizations. As details emerge, we will keep you informed. 

See HLC’s Relationship within the Triad for how we provide value to members by working with states and federal agencies. See HLC’s Advocacy Agenda for information about HLC’s advocacy priorities.

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