Category: Client Alerts
In an unofficial federal register notice published yesterday, the Department of Education explained that as a result of the April 26, 2019 decision in National Education Association v. DeVos, No. 18-cv-05173-LB (N.D. CA April 26, 2019), which went into effect on May 26, 2019, the final state authorization regulations, published December 19, 2016 (81 FR 92236), took effect. These regulations contain important changes to Sections 600.2 (Definition of a “State authorization reciprocity agreement”), 600.9(c) (State authorization); 668.2 (Definition of “Distance Education”) and 668.50 (Institutional disclosures for distance or correspondence programs).
As we posted on June 28, 2019, the U.S. DOE rescinded the Gainful Employment (GE) Rule and posted the official version today, July 1, 2019. Below is the link to the Federal Register for your files: https://www.federalregister.gov/documents/2019/07/01/2019-13703/program-integrity-gainful-employment In an Electronic Announcement issued on Friday, the Department provided: An institution that early implements […]
Breaking News: U.S. DOE Rescinds Gainful Employment (GE) Rule – Official Version to be posted on July 1
Late on June 28, 2019, the U.S. Department of Education rescinded the “Gainful Employment” (GE) Rule. (The Department posted the “unpublished” notice in the rescinded GE Rule on Friday and will post the official version on July 1). The GE Rule applied to all programs at all Title IV eligible […]
Client Alert – DOE Announces Additional Guidance on 2019 GE Disclosure Template (July 1, 2019 deadline to update disclosures)
On June 7, 2019, the Department of Education (“Department”) posted Electronic Announcement #121 – Additional Guidance on Completing the 2019 GE Disclosure Template. Recall that in 2014, the Obama Administration promulgated the Gainful Employment (GE) Rule, which assesses whether a program has prepared students to earn enough to repay their […]
The Office of Postsecondary Education (OPE) has issued a Q&A document on OPE’s implementation of the 2016 Borrower Defense to Repayment (BDR) regulations, which took effect following unsuccessful litigation by the Department to delay their implementation. Recall that under the 2016 BDR regulations, an institution must demonstrate to the Secretary […]
Client Alert We previously communicated that on May 16, 2019, (though dated 5/9/19) The Department of Education posted the Electronic Announcement #119 – Release of the 2019 GE Disclosure Template. The deadline for compliance for all institutions with programs subject to Gainful Employment is still July 1, 2019. On May […]
BREAKING NEWS – Department of Education Releases 2019 GE Disclosure Template – Can Final GE Regulation Be Next?
Client Alert On May 16, 2019, (though dated 5/9/19) The Department of Education posted the Electronic Announcement #119 – Release of the 2019 GE Disclosure Template. The disclosure is simplified and covers six areas: Normal time to complete the program Total program costs if completing the program within normal time […]
By Linh T. Nguyen and Dennis M. Cariello U.S. District Court Judge Randolph Moss has denied California Association of Private Postsecondary Schools (“CAPPS”)’ renewed motion for a preliminary injunction to enjoin certain provisions of the 2016 Borrower Defense to Repayment (“BDR”) Final Regulations. In denying a preliminary injunction, Judge Moss […]