Dive Brief:
- A federal judge last week dismissed Florida’s lawsuit challenging the U.S. Department of Education’s accreditation requirements, though the ruling allows the state to revise its complaint.
- Florida sued the Education Department last year, arguing that federal accreditation requirements violate the Constitution by giving private agencies “unchecked power” to determine educational standards at colleges.
- U.S. District Judge Jacqueline Becerra, a Biden appointee, rejected Florida’s arguments. “The State’s objection to the requirement that they comply with standards set by private agencies to receive federal dollars from its students simply fails to state a claim,” Becerra wrote.
Dive Insight:
The lawsuit in part focuses on Florida’s past disputes with the accreditor for its colleges, the Southern Association of Colleges and Schools Commission on Colleges. The complaint alleged that SACSCOC has routinely wielded its power “to interfere with the sovereign prerogatives of Florida.”
In 2021, SACSCOC flagged potential issues with one of the candidates vying to become the next leader of Florida State University, according to the Tampa Bay Times.
At the time, SACSCOC’s leader said the candidacy of Richard Corcoran created a potential conflict of interest. His position as the state’s education commissioner meant he served on the governing board that made the final call on state university presidential appointments.
The agency warned that Florida State’s accreditation could be at risk if Corcoran didn’t step down from the board voting position. After the letter, Florida State picked three other finalists over Corcoran.
The next year, Florida passed a law forcing the state’s public colleges to change accreditors every accreditation cycle. The bill drew widespread backlash, including criticism that it would place expensive requirements on colleges that would drive up the cost of higher education.
At least one public college in the state, Florida SouthWestern State College, has received approval from the Education Department to seek a new accreditor since the law passed, Inside Higher Ed reported last year.
Florida has until mid-October to file an amended complaint. Lawyers with the state attorney general’s office did not immediately respond to a request for comment Tuesday.
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