11th Circuit Upholds Federal Accreditation Authority Amid Florida Challenge

The Eleventh Circuit ruled against Florida’s challenge to federal accreditation authority on July 6, 2026.

On July 6, 2026, the Eleventh Circuit Court of Appeals upheld the U.S. Department of Education’s reliance on private educational accreditors for distributing federal education funds. The court rejected Florida’s claim that this accreditation process unlawfully delegates government authority to private entities.

Florida's challenge began in June 2023, when Governor Ron DeSantis and Attorney General Ashley Moody filed suit against the Department of Education. They alleged that federal accreditation requirements privatized legislative power and granted unchecked authority to private agencies over educational standards. Governor DeSantis stated, "I will not allow Joe Biden’s Department of Education to defund America’s #1 higher education system all because we refuse to bow to unaccountable accreditors who think they should run Florida’s public universities." (flgov.com).

In a prior ruling, U.S. District Judge Jacqueline Becerra dismissed Florida’s lawsuit in October 2024, finding no constitutional violation in Congress authorizing private accrediting bodies to determine educational standards (Inside Higher Ed).

Meanwhile, Florida took steps to reduce dependence on federal accreditation by creating a new agency, the Commission for Public Higher Education, in July 2025, collaborating with five other state university systems to streamline accreditation and better serve public institutions (Inside Higher Ed).

Further, in January 2026, the Florida Supreme Court amended rules to end the American Bar Association's exclusive accreditation over law schools in the state, opening the door for alternative accrediting bodies (cfpublic.org).

The Eleventh Circuit’s ruling reinforces the current framework where private accreditors play a key role in managing billions in federal student financial aid. Cynthia Jackson Hammond, president of the Council for Higher Education Accreditation, remarked, "There is no end ‘win’ by discrediting the work of professional experts who work with institutions to ensure quality at all levels." This decision carries significant implications for regulators, universities, and students nationwide.