COA and ATS submit public comment on proposed accreditor independence regulations

If adopted, rules would affect COA/ATS relationship

By Frank M. Yamada

As many of you know from my previous federal policy updates, The Association of Theological Schools (ATS) has been closely monitoring a range of proposed changes affecting higher education and accreditation. Throughout this period, we have consulted with higher-education policy experts, engaged in ongoing analysis, and shared information with member schools as developments have emerged.

Most of the federal policy changes discussed in previous updates have been about adjustments directly affecting member schools. Now, a new proposal from the US Department of Education could affect ATS and the Commission on Accrediting (COA) directly. If adopted, the regulations would require accrediting agencies and affiliated membership organizations to operate with greater structural and operational independence, including restrictions on shared administrative and support services. Such requirements would have significant implications for the longstanding relationship between COA and ATS.

It is important to emphasize that COA and ATS already operate with significant safeguards designed to protect accreditor independence. The organizations are incorporated separately. They have separate boards, budgets, bylaws, and decision-making structures. Accreditation decisions remain independent from ATS membership and programmatic activities, and these governance safeguards have long supported the integrity of the accreditation process.

Our public comment

Because of this, COA and ATS recently submitted a joint public comment to the Department of Education regarding the proposed regulations. In the comment, we affirm the importance of accreditor independence and support the department's goals of accountability, transparency, and public trust.

At the same time, we urged the department to consider several important factors:

Independence should be measured by governance, decision-making authority, and effective safeguards rather than by the complete separation of shared administrative services. COA and ATS are incorporated separately. They maintain separate boards, budgets, and bylaws. Accreditation decision-making structures already protect accreditor independence.
Mandatory separation requirements would impose significant administrative and financial burdens without corresponding benefits to accreditation quality or educational outcomes. Duplicating systems, personnel, and services would redirect resources away from accreditation, institutional improvement, and support for member schools.
The proposed rule could have unintended consequences for theological education and the public good it serves. While COA and ATS will mitigate costs wherever possible, additional compliance costs may still need to be borne by member schools, reducing resources available to prepare religious leaders, chaplains, educators, nonprofit leaders, and other individuals whose work strengthens communities of faith and contributes to society more broadly.

The letter also encourages the department to consider approaches that would either:

Allow accrediting agencies to demonstrate independence through existing governance safeguards; or
Permit shared administrative services when appropriate protections and oversight mechanisms are in place.

The full public comment submitted by COA and ATS may be read on the Department of Education's public docket.

ATS evaluating changes to maintain compliance

While the department's proposal has not yet been finalized, the COA and ATS leadership team and boards believe it is prudent to prepare for the likelihood that some form of additional separation requirements beyond what we already have in place may be adopted. Accordingly, we have begun evaluating what structural and operational changes may be required to maintain compliance and preserve federal recognition of accreditation. Importantly, this work is being driven by evolving federal expectations for accrediting agencies, not by concerns about the quality, effectiveness, integrity, or independence of either organization. Rather, it reflects our commitment to responsible stewardship, regulatory compliance, and thoughtful planning for the future.

At this stage, no immediate action is required from our membership. Accreditation standards, review processes, and member services remain unchanged. COA and ATS continue to carry out their respective missions, and we remain committed to ensuring that schools experience no interruption in accreditation services or membership support throughout this process.

Should the regulations move forward as written, additional actions may be required over the coming months. COA and ATS are committed to transparency and regular communication as decisions are made and milestones are reached.

The Department of Education has indicated that it intends to publish a final rule by November 1, 2026, which would allow any new regulations to take effect on July 1, 2027. Accordingly, we expect to provide a more detailed update in November. Member schools may expect to hear from us about the details of the final rule and any planning work that COA and ATS will need to undertake. Until then, our leadership team and boards remain guided by the same commitments that have shaped this work from the beginning: supporting quality theological education, maintaining the integrity of accreditation, minimizing burdens on member schools, and faithfully stewarding the resources entrusted to us.

We are grateful for the ongoing partnership, wisdom, and commitment of our membership as we navigate an evolving regulatory environment and advance our shared mission and strengthening theological education as a public good.

Frank M. Yamada is executive director
of The Association of Theological Schools
in Pittsburgh, Pennsylvania.