Florida Gov. Ron DeSantis (R) is suing the Department of Education (ED), arguing that its higher ed accreditation process is being unfair to schools in his state, The Hill reported.
Gov. Ron DeSantis
Florida recently established a law requiring universities to switch accreditors but then ED issued three documents that made it near impossible for schools to follow said law, DeSantis, a 2024 presidential candidate, said.
Schools require accreditation to receive federal funds. The documents required schools to have “reasonable cause” and ED approval to switch accreditors.
“As it stands, state law requires over half of Florida’s public colleges and universities to change accreditors in the next two years,” the suit stated. “Their ability to do so is substantially burdened, if not entirely prevented, by federal laws that violate the Constitution and federal policies that violate the APA.”
Through its actions, ED is in violation of the private nondelegation doctrine, the 10th Amendment and Spending Clause, the Appointments Clause, and the Administration Procedure Act, the suit alleges.
The Southern Association of Colleges and Schools Commission on Colleges (SACS), the accreditor that works with Florida schools, has abused its power, the state alleged. In 2021, SACS said Florida State University was risking losing federal aid because it was considering the Florida commissioner of education for president, according to the suit.
“In 2022, the Florida Legislature, prompted by the Department’s actions and incensed by SACS’s abuses, passed SB 7044, which requires public colleges and universities to switch accreditors,” the lawsuit stated.
