GAINFUL EMPLOYMENT NEGOTIATED RULEMAKING UPDATE

The third and final Gainful Employment Negotiated Rulemaking sessions ended with little consensus among negotiators on ED’s proposals. The only real agreement negotiators could agree too was in opposition to the Department’s proposals. Advocacy and student groups worried that the Department of Education will rewrite the Gainful Employment Regulations and implement rules which do little to protect students. Meanwhile, representatives from schools and colleges are optimistic about the potentiality that the Department may write rules that that beef up consumer information while making the rule apply to all programs, but without adding punitive sanctions for failing programs.

Department officials said that ED expected to publish a Notice of Proposed Rulemaking (NPRM) this spring, followed by a public comment period. Comments will be reviewed, and final rules are expected to be published by October 31, 2018 – if all of this happens on time, we could be looking at new less onerous GE rules with an implementation date of July 1, 2019. We’ll be keeping you posted as this story develops.

Until such time, most of the current GE rules still stand so schools still must comply with certain reporting and disclosure requirements.