Accreditation Overhaul Spurs Higher Ed Turmoil: Legal Commentary from Joseph Lento and Lento Law Firm
A sweeping executive order signed in early 2025 has thrown the American higher education accreditation system into upheaval. Framed as a reform to ensure “quality and value” in college degrees, the order tasks the Department of Education with reevaluating accrediting agencies based on whether they enforce “non-discriminatory” standards, a move widely interpreted as targeting institutions perceived to promote progressive or ideologically “biased” curricula.
The order’s language, while vague, includes provisions for rescinding recognition of accreditors deemed out of step with the administration’s priorities. It also opens the door for new agencies to enter the space—potentially realigning how educational legitimacy is defined in the United States.
Joseph Lento, founder of Lento Law Firm, has long worked at the intersection of education law and civil rights. His practice regularly engages with cases involving university disciplinary procedures, student rights, and institutional compliance.
Lento says, “This executive order introduces a level of legal instability we haven’t seen in decades. Universities are now forced to choose between maintaining accreditation and preserving long-standing commitments to academic freedom, often without clear guidance on what standards will actually be enforced. The legal gray area is ripe for conflict.”
Universities now face complex legal choices. Complying with federal directives may require curtailing programs related to diversity, equity, and inclusion, or reconfiguring general education standards to downplay race and gender studies. Some accrediting agencies—fearing the loss of federal recognition—are expected to update their benchmarks in line with the administration’s ideological direction.
Legal scholars have raised concerns that the order could trigger a cascade of litigation. If accrediting bodies deny or revoke certification for noncompliance, institutions could lose access to federal financial aid, triggering reputational and economic fallout. At the same time, institutions that do comply may find themselves at odds with state laws or internal governance norms.
According to Lento, “We’re likely to see lawsuits from faculty who are terminated for teaching disfavored subjects and from students whose programs are eliminated or defunded without notice. These actions could violate contractual obligations, academic freedom protections, and state-level employment and education laws.”
The chilling effect is already apparent. Reports indicate that some universities are reevaluating entire departments or courses to avoid potential scrutiny. Academic hiring practices, speaker invitations, and research funding decisions are also being examined through a risk management lens, anticipating future regulatory consequences.
Rather than promoting educational consistency, critics argue, the executive order could usher in an era of politicized accreditation—with federal endorsement hinging on ideological alignment rather than measurable educational outcomes.
“The risk is that schools will find themselves caught between conflicting state and federal mandates, with no clear way to reconcile the two,” says Lento. “When institutions are forced to choose sides in a political tug-of-war, the students and faculty often suffer the most.”
As a result, students may face increased unpredictability around the value and recognition of their degrees. Programs once considered rigorous and accredited could find themselves in limbo if their institutions fall out of step with the federal government’s evolving standards.
“Students and universities should document every major policy shift, engage legal counsel early, and proactively assess whether accreditation or funding changes could impact their academic trajectory,” according to Lento. “We’re helping clients build legal strategies now to reduce exposure and preserve core academic values amid the uncertainty.”
With the Department of Education expected to issue new guidance this summer, universities across the country are bracing for impact. Whether this policy shift leads to better educational outcomes or sparks prolonged legal battles will likely define the next chapter in the fight over academic governance in the United States.
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This article is an opinion piece for informational purposes only. Elite Luxury News and its affiliates do not take responsibility for the views expressed. Readers should conduct independent research to form their own opinions.
