Representative Douglas R. Welton proposes the following substitute bill:


1     
JOINT RESOLUTION REGARDING HIGHER EDUCATION

2     
ACCREDITATION

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Douglas R. Welton

6     
Senate Sponsor: Lincoln Fillmore

7     

8     LONG TITLE
9     General Description:
10          This resolution calls on the federal government to return full oversight of the
11     accreditation process for public higher education institutions to the states and directs the
12     commissioner of higher education to form a working group to review the feasibility of
13     using alternative accreditation options for Utah's institutions of higher education.
14     Highlighted Provisions:
15          This resolution:
16          ▸     declares that oversight of accreditation for institutions of higher education should be
17     solely under the purview of states;
18          ▸     calls on the federal government to return that responsibility to the states; and
19          ▸     directs the commissioner of higher education to form a working group to review the
20     feasibility of using alternative accreditation options for Utah's institutions of higher
21     education.
22     Special Clauses:
23          None
24     

25     Be it resolved by the Legislature of the state of Utah:

26          WHEREAS, education is a state level issue, and each state should have full control
27     over its public education systems, including higher education;
28          WHEREAS, because of undue federal oversight, Utah currently lacks full control over
29     the accreditation process for public institutions of higher education in the state;
30          WHEREAS, accreditation is a review process for higher education institutions and
31     specific programs within an institution;
32          WHEREAS, higher education institutions and programs may request an accreditation
33     review from accrediting bodies, which are private educational associations;
34          WHEREAS, accrediting bodies develop evaluation criteria and grant accreditation to
35     the institutions and programs that meet the accrediting bodies' criteria;
36          WHEREAS, the United States Department of Education (USDE) does not accredit
37     individual institutions of higher education, but approves accrediting agencies that meet USDE's
38     criteria;
39          WHEREAS, to receive federal student aid, students must attend an institution
40     accredited by an agency approved by USDE and institutions must be accredited by an agency
41     approved by USDE to receive federal assistance, including research grants;
42          WHEREAS, all of Utah's public institutions of higher education are accredited by
43     federally-approved accrediting bodies;
44          WHEREAS, accreditation of higher education institutions is a state issue and should be
45     under the full purview of each individual state;
46          WHEREAS, Utah should seek out alternative accreditation options for the state's
47     institutions of higher education, including potentially assuming a state-led accreditation
48     process;
49          WHEREAS, states that fully oversee the accreditation process for public higher
50     education institutions should have access to federal funding, including federal student aid and
51     research grants; and
52          WHEREAS, the federal government's mandate that public higher education institutions
53     comply with an accreditation process dictated by USDE to receive federal funding is an affront
54     to states' rights:
55          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
56     declares that all states, including the state of Utah, should have the ability to fully oversee the

57     accreditation process for public institutions of higher education in each respective state without
58     federal oversight or interference while maintaining access to federal funds.
59          BE IT FURTHER RESOLVED that the Legislature calls on the federal government to
60     recognize each individual state's rights and return full control of the accreditation process for
61     public higher education institutions to the states.
62          BE IT FURTHER RESOLVED that the Legislature encourages the commissioner of
63     higher education to form a working group during the 2024 interim, including staff from the
64     Office of the Legislative Fiscal Analyst, to examine the feasibility of alternative accreditation
65     options, including state-level accreditation, for Utah's eight public colleges and universities and
66     eight technical colleges.
67          BE IT FURTHER RESOLVED that the Legislature encourages the working group
68     review includes the cost of alternative accreditations for the state and degree recognition
69     outside of the state.
70          BE IT FURTHER RESOLVED that the Legislature encourages the working group to
71     report to the Education Interim Committee at or before the committee's October 2024 meeting.