News & Analysis as of

Department of Education Gainful Employment

State AGs seek injunction against Dept. of Education postponement of the Borrower Defense Rule; DeVos continues “regulatory reset”...

by Ballard Spahr LLP on

Eighteen states and the District of Columbia have filed suit against Secretary of Education Betsy DeVos seeking an injunction of the Department of Education’s indefinite postponement of the Obama Administration’s Borrower...more

Blog: Department Holds Hearings and Comment Period on Neg Reg Agenda

by Cooley LLP on

Yesterday, the Department of Education held the first of two public hearings to hear comments on the agenda for the upcoming negotiated rulemaking, currently slated to include borrower defense to repayment and gainful...more

Gainful Employment and the AACS court decision: What it means for schools

by Thompson Coburn LLP on

On June 28, 2017, the D.C. District Court issued its opinion and order in the matter of the American Association of Cosmetology Schools (“AACS”) v. the U.S. Department of Education. AACS challenged the Department’s Gainful...more

Blog: Last Minute Reprieve in GE Rule

by Cooley LLP on

With minutes to spare before the close of business today, the Department of Education (ED) issued a Notice in advance of official publication in the Federal Register, announcing a delay in a number of requirements relating to...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

Blog: Department of Education’s Announcement Leaves Unanswered Questions Regarding Coming Gainful Employment Rule Deadline

by Cooley LLP on

The Department of Education’s (ED) announcement that it plans to engage in a new negotiated rulemaking to revise the Gainful Employment (GE) Rule leaves unanswered critical questions regarding the implementation of certain GE...more

Blog: Department of Education Delays Borrower Defense Rules and Proposes Reset on Gainful Employment

by Cooley LLP on

The Department of Education announced today that it will delay, with limited exceptions, the entire set of Borrower Defense to Repayment regulations (BDTR) scheduled to take effect July 1 until further notice, as well as...more

Blog: As the Department of Education Revisits the Gainful Employment Rule California Legislators Propose a State Alternative

by Cooley LLP on

With continued questions about the Trump Administration’s commitment to Obama-era regulations, including the Gainful Employment (GE) Rule, one state is ready to jump into the fray and offer its own state-based alternative to...more

The future of gainful employment: Three points, a calendar, and a webinar

by Thompson Coburn LLP on

As REGucation readers know, the U.S. Department of Education’s “gainful employment” or “GE” regulations require, among other things, that for each GE program an institution offers, it must make certain public disclosures....more

Blog: Important New Gainful Employment Guidance Released

by Cooley LLP on

The Department released Gainful Employment Electronic Announcement #105 which gives institutions until July 1, 2017 to “(1) submit an alternative earnings appeal to the GE Debt-to-Earnings rates that were released by the...more

Alert: White House Issues Regulatory Freeze with Minimal Impact on Education Rules

by Cooley LLP on

On President Trump’s first day in office, the White House ordered a regulatory freeze to allow the incoming administration to review any new or pending regulations. Federal agencies are required to take several steps to allow...more

Alert: CA BPPE Issues Final Regulations on Data Reporting and Disclosure

by Cooley LLP on

After several rounds of public comment and revisions, the Bureau for Private Postsecondary Education ("BPPE" or "Bureau") has issued final regulations significantly expanding the data reporting and disclosure requirements...more

Alert: Challenges to Gainful Employment Student Completer Lists Due July 28

by Cooley LLP on

The US Department of Education has set the deadline for institutions to file corrections to their "student completer lists" as the next major step in ED's effort to publish the first set of rates under the Gainful Employment...more

Alert: ED to Issue First Set of Gainful Employment Rates in January

by Cooley LLP on

The US Department of Education just announced its intent to issue the first set of official Debt to Earnings Rates ("D/E Rates") under the Gainful Employment Rule ("GE Rule") in January 2017. That timing would be consistent...more

Alert: Timeline for First Set of Gainful Employment Rates Slips Further

by Cooley LLP on

The US Department of Education has announced another delay in the distribution of the Completer Lists for Gainful Employment programs until Spring 2016, which is bound to push back the date for ED to issue the first set of...more

Alert: Pending Rulemaking Likely to Expand Borrower Defenses Against Repaying Federal Direct Loans

by Cooley LLP on

The US Department of Education (ED) is preparing for a new rulemaking that is intended to clarify—and very likely expand—the ability of student borrowers to be relieved of the obligation to repay their Federal Direct Loans....more

The why behind the application of GE regulations

by Thompson Coburn LLP on

Earlier this year, the U.S. Department of Education’s new “gainful employment” or “GE” regulations finally took effect. As REGucation readers know, the GE regulatory framework includes reporting, disclosure, and certification...more

Alert: The Gainful Employment Rules: New Guidance on Reporting Obligations, Program Certification and Disclosure Requirements

by Cooley LLP on

On August 10, 2015, notably 10 days after the deadline for reporting the first set of student data for calculation of the GE debt-to-earnings rates passed, ED issued new guidance in an Electronic Announcement ("EA 58")...more

Gainful employment reporting: Institutional debt and unpaid charges

by Thompson Coburn LLP on

As REGucation readers know, on July 1, 2015, the U.S. Department of Education’s new “gainful employment” or “GE” regulations finally took effect. Among other things, the new rules require institutions to report a wide range...more

Alert: Gainful Employment Regulations: Recent Updates from the Department of Education

by Cooley LLP on

The Department of Education published another announcement in its series of Electronic Announcements ("EAs") last week, as it prepares to implement the new Gainful Employment ("GE") regulations. Those regulations are...more

FAIL: For-Profit Education Sector Dealt Major Blow

by Ifrah PLLC on

For-profit education was dealt a major blow in a federal court case challenging the Department of Education’s Gainful Employment Rule. U.S. District Court Judge Lewis Kaplan of New York dismissed a lawsuit that was filed last...more

How to project gainful employment Rates – Part 3

by Thompson Coburn LLP on

On October 31, 2014, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. The new regulations prominently feature two metrics intended to assess whether a program offers graduates a...more

How to project gainful employment rates – Part 2

by Thompson Coburn LLP on

As discussed in our previous post, the U.S. Department of Education recently promulgated its new “gainful employment” or “GE” regulations, which prominently feature two metrics intended to assess whether a program offers a...more

How to project gainful employment rates - Part 1

by Thompson Coburn LLP on

On October 31, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. As we discussed in a prior post, the new rules apply to all programs offered by for-profit, proprietary...more

Department of Education releases new gainful employment regulations

by DLA Piper on

On October 30, the Department of Education published a new set of regulations detailing what it means to be providing an education program that leads to gainful employment in a recognized occupation. This “Gainful Employment...more

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