In a letter dated March 15, 2012 to the Council on Chiropractic Education, the Assistant Secretary of the United States Department of Education, Eduardo M. Ochoa, pulled the rug out from under the conservative faction of the chiropractic profession that had worked so hard to bring the actions of the CCE to light.

In December 2011 the National Advisory Committee on Institutional Quality and Integrity (NACIQI) had found the CCE to be in violation of 43 Federal Recognition Criteria including a violation of 34 C.F.R. 602.13 dealing with the wide acceptance of the agency’s standards, policies, procedures and decisions and to told them to address how the agency’s standards advance quality in chiropractic education.

In a shocking move the Assistant Secretary told the CCE:

"I disagree with NACIQI’s concern about lack of wide acceptance of the agency’s standards in the field. The dissenting voices in my judgment are a small minority within the profession. Generally, I agree with the arguments presented by the agency in this regard. Accordingly, I am not requiring that CCE address 34 C.F.R. 602.13, or how the agency’s standards advance quality in chiropractic education, in its compliance report.”

Ochoa noted that the recommendations of the Department staff and of NACIQI differed and that he had received written comments from the CCE that opposed NACIQI’s additional recommendation. Ochoa told the CCE:

“I disagree with NACIQI’s concern about lack of wide acceptance of the agency’s standards in the field. The dissenting voices in my judgment are a small minority within the profession. Generally, I agree with the arguments presented by the agency in this regard. Accordingly, I am not requiring that CCE address 34 C.F.R 602.13, or how the agency’s standards advance quality in chiropractic education, in its compliance report.”

Despite this, Ochoa does give a stern warning to the CCE of what will happen if they do not demonstrate compliance in their report stating: “I wish to remind you that if CCE does not, (come into compliance) the Department may be compelled to deny renewal of CCE’s recognition.”

The decision by Ochoa raises several important concerns and questions. The most obvious is just exactly what did the CCE tell the USDE in order to convince them of an alternate reality in which the concerns expressed by so many within the profession represent only a minority view?

Further, does the USDOE only recognize membership organizations within a profession as stakeholders? If so, this becomes problematic since the majority of chiropractors are not members of any organization.

What of the students? Are they not considered stakeholders?  
The Assistant Secretary’s letter seems to indicate that the USDOE excludes minority interests. Is this the view of the Obama Administration?

The comments by the Assistant Secretary seem to indicate that the USDOE does not support curricular and academic freedom, but instead is only concerned about the views expressed by a majority.

Finally, through what process or criteria does the USDOE determine minority versus majority concerns other than the “judgment” of the Assistant Secretary?

These are all questions for which the conservative faction of the profession will be anxiously awaiting answers.