Biden-appointed federal judge rejects DeSantis accreditation lawsuit

A Biden-appointed federal judge recently rejected a lawsuit brought by Florida Gov. Ron DeSantis that challenged the system by which institutions of higher education are awarded accreditation.

In her ruling, Judge Jacqueline Becerra took issue with the lawsuit’s claim that current methods of dispensing funding wrongly delegate Congressional powers to accreditation agencies.

“The State’s sweeping criticism of the legislative scheme by which the federal government provides students with financial aid for their postsecondary education collapses distinct functions of the process, disregards undisputed facts, and then uses legal standards that are not controlling to urge the court to deny the motion,” Becerra wrote. 

“For the reasons articulated above, 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,” she added.

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DeSantis and other Florida officials filed the lawsuit last June, arguing that private organizations ought not hold the power to award accreditation since non-accredited institutions do not qualify for certain types of federal funding.

“Congress’ desire that federal funds flow to legitimate institutions is understandable,” the lawsuit argued. “But it must rely on government actors — both state and federal — to provide those assurances. It cannot lend the power of the purse to private entities by giving them the keys to billions in federal education dollars.”

Although Judge Becerra rejected the lawsuit, her ruling reportedly gives Florida the option to file a revised lawsuit in the next two weeks.

DeSantis and others raised concerns that the status quo of higher education gives accreditation agencies excessive control over the success or failure of colleges and universities.

“The result is that private accrediting agencies enjoy near limitless power over state institutions,” the initial complaint stated. “Accrediting agencies have the power to hold billions of federal education dollars hostage based on the formulation and application of substantive education standards that are immune from meaningful government supervision.”

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The federal ruling comes in the wake of significant higher education reforms in Florida. In the last two years, DeSantis has signed several laws in an effort to promote academic freedom, including reforms to tenure at public universities that subjects faculty to periodic performance reviews.

“Florida’s students deserve a quality, affordable education and don’t need ideological activists and political organizations determining what they should learn,” DeSantis remarked in 2022. “By ushering in strong curriculum transparency requirements and providing accountability for tenured faculty, Florida is standing with students and parents across our state.”

Campus Reform has reached out to Gov. DeSantis and the Florida Department of Education for comment. This article will be updated accordingly.