Education department guidance impinges on state law that requires colleges and universities to switch accreditors.
Florida Governor Ron DeSantis filed a lawsuit against the Department of Education, claiming that it is unconstitutionally preventing the implementation of state college accreditation law. Florida passed legislation in 2022 requiring its colleges to switch accreditors every two years. The state passed this law in response to the Southern Association of Colleges and Schools Commission on Colleges (SACS), which works to approve all Florida schools for federal funding.
Governor DeSantis claims the accreditor abused its power in 2021 when it informed Florida State University that it could lose federal aid for considering the Florida commissioner of education its president. This situation led to the passage of legislation requiring all schools to switch accreditors.
After the Florida law passed, the U.S. Department of Education published three guidance documents requiring colleges to submit “reasonable” causes for switching accreditors to the department for approval.
The Florida governor claims that President Biden’s administration is violating the private nondelegation doctrine, the 10th Amendment and Spending Clause, the Appointments Clause, and the Administration Procedure Act through these actions. “The Biden administration’s attempts to block these reforms is an abuse of federal power, and with this lawsuit, we will ensure that Florida’s pursuit of educational excellence will continue,” Governor DeSantis said.
As the Lord Leads, Pray with Us…
- For Governor DeSantis as he seeks to ensure the quality of education in his state.
- For Secretary Cardona as he considers the legality and constitutionality of the guidances issued by his department.
Sources: The Hill, NY Post