Relating to accreditation of postsecondary educational institutions, prohibiting adverse action by accrediting agencies against certain postsecondary educational institutions for compliance with state law, providing remedies, and including effective date provisions

This bill prohibits an accrediting agency from taking any adverse action against a public institution of higher education for complying with a state law or refusing to violate a state law. The bill defines “accrediting agency” as an entity that provides accreditation of public institutions of higher education and that is not a government agency. The bill defines “public institution of higher education” as an institution of higher learning governed by the state board of regents or a community college. Any adverse action taken by an accrediting agency against a public institution of higher education based, in whole or in part, on the institution’s compliance with a state law or refusal to violate a state law constitutes a violation of the prohibition. The bill provides that a public institution of higher education that is negatively affected by adverse action taken against the institution by an accrediting agency in this manner may bring a civil action against the accrediting agency in this state if authorized by the attorney general. The attorney general may bring the action on behalf of the institution. The institution or attorney general may obtain injunctive relief and liquidated damages in the amount of the federal financial aid received by the institution in the academic year preceding the violation, as well as court costs and reasonable attorney fees. The bill also strikes references in the Iowa Code to the higher learning commission, a nongovernmental entity that provides an accreditation process for postsecondary institutions that grant degrees. The bill instead provides references to federally recognized accreditors of postsecondary educational institutions. The bill takes effect upon enactment.