MEAD GRUVER Associated Press writer | Posted: Friday, July 20, 2007 12:00 am
CHEYENNE - The state Department of Education has asked a judge to dismiss a lawsuit that questions the constitutionality of a law requiring all universities in Wyoming to become accredited.
District Judge Jeffrey Donnell held a hearing on the motion in Laramie on Wednesday and could rule within a few weeks.
The Legislature last year passed the law that is the subject of the lawsuit filed by Newport International University. The law sought to clamp down on several schools that taught students worldwide, yet provided little evidence that those students earned their degrees.
NIU filed suit after the law went into effect, saying it tried but could not be accepted for accreditation candidacy because of the way the school is set up, with a headquarters in Laramie and 17 campuses worldwide.
What's more, NIU attorney Steve Aron said Thursday, the state can't force NIU to seek accreditation. He said the state constitution forbids forcing private individuals from entering into contracts with other private individuals.
"Because the state has granted authority to accrediting bodies that are private entities, we claim that that is unconstitutional," he said.
"And there are a lot of unconstitutional grounds on which we base that. But it all comes down to the relationship between the state and these private accrediting bodies."
An attorney representing the department did not return a call requesting comment. Department officials said they were not sufficiently familiar with the lawsuit to comment.
The U.S. Department of Education has recognized several private organizations to accredit colleges and universities. They include the North Central Association of Colleges and Schools, which oversees schools in Wyoming, and the Distance Education and Training Council, which accredits online and correspondence schools.
Last year, the state Department of Education sought to suspend NIU's state license effective immediately. Aron said an agreement between the state and NIU earlier this year permits the school to keep its license at least until its original expiration date of June 30, 2008.