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House committee advances bill to protect institutions' choice of accreditor; critics warn of unintended consequences
Summary
SB 78 would require postsecondary institutions to review accreditation policies, allow pursuit of any U.S. Department of Education-recognized accreditor and bar accreditors from forcing institutions to violate state law; supporters said it protects institutions' choices, while opponents warned of risks to accreditation and funding.
The House on March 17 advanced Senate Bill 78, which would require governing bodies of postsecondary institutions to review and update accreditation policies and permit institutions to pursue accreditation from any accrediting agency or association recognized in the U.S. Department of Education database.
Representative Brantley, carrying the bill, said it would require institutions to identify appropriate accreditors and prohibit an accrediting agency from compelling an institution to violate state law. The bill would also allow an institution to bring a civil cause of action against an accreditor for adverse actions taken, in whole or in part, based on the institution's compliance with state law that is not preempted by federal law. Brantley told members the bill could create a fiscal effect if such civil cases were filed, potentially affecting the judicial branch.
Members opposing the bill warned of unintended consequences. Representative Stogsdell said the Board of Regents already had authority in this area and called the bill unnecessary. Representative Featherston said the measure risked pressuring institutions to accept accreditors that are not broadly recognized or could jeopardize federal funding if state authorities later sought to withhold support. Featherston expressed concern that the bill could imperil accreditation for programs in fields such as mental health, social work, medicine and nursing, noting that some out-of-state proponents told the committee the problem did not exist in Kansas.
Brantley urged support and closed debate; the Committee of the Whole reported SB 78 favorably and the motion to report the measure passed on voice vote. Sponsors said the bill aims to ensure institutions can pursue appropriate accreditation without being forced into a conflict between accreditor demands and state law.
