News & Analysis as of

Gainful Employment

Blog: Increased Student Samples, Student Confirmations and Site Visits Mean Expanded Audits Under ED’s New Audit Guide

by Cooley LLP on

As described in our previous posts about ED’s new Audit Guide for annual Title IV compliance audits, the new auditing requirements include expanded testing in many compliance areas, such as gainful employment, incentive...more

Blog: New ED Audit Guide Now Requires Extensive Gainful Employment Compliance Testing

by Cooley LLP on

As noted in our previous blog post on ED’s new Audit Guide, for the first time ED is requiring that independent audit firms conduct extensive testing relating to Gainful Employment (GE) data reporting and mandated disclosures...more

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

Supreme Court Upends Back Ratings

by Collins & Lacy, P.C. on

The Supreme Court of South Carolina ruled claimant’s ability to hold gainful employment does not, alone, preclude a finding of total and permanent disability based on more than 50% to the back. Further, the Supreme Court...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

[Webinar] Gainful Employment Disclosures and Student Warnings - March 23rd, 12:00pm Central Time

by Thompson Coburn LLP on

This advanced-level webinar will focus on the new 2017 GE Disclosure Template that all institutions with gainful employment programs must start distributing by April 3, 2017. The webinar will review the content of 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

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

by Thompson Coburn LLP on

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the...more

Alert: Presidential Transitions: A Primer on Rulemakings

by Cooley LLP on

A smooth transition from the outgoing to incoming administration is a hallmark of democracy and something both parties strive to achieve. Among the myriad issues that must be addressed, one of the more important ones for both...more

Make college great again: Higher education in the Trump era

by Thompson Coburn LLP on

Much has already been written about President-elect Donald Trump’s unanticipated victory and the GOP retention of Congress last week. But what should the nation’s institutions of higher education — and the students they serve...more

Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class

by Carlton Fields on

The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing students to pay inflated...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

My Child is Turning 18. . . Do I Have an Obligation to Pay Child Support?

In Pennsylvania, once a child turns 18, he or she no longer is subject to the jurisdiction of family court and therefore the child can chose where he or she resides. However, if the child is attending high school a parent has...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

[Webinar] Gainful Employment – Managing (and Challenging) the New GE Disclosures - March 10th, 1pm Central Time

by Thompson Coburn LLP on

In our final webinar, we’ll revisit the GE disclosure requirements presently in effect, then segue into a discussion of the new information that institutions will be required to disclose beginning January 2017 (e.g., pCDR...more

[Webinar] Gainful Employment – Preparing for and Managing Required “Student Warnings” - March 3rd, 1pm Central Time

by Thompson Coburn LLP on

For any program with failing debt-to-earning rates, institutions will have to begin providing prospective and current students with firm student warnings. The content of these warnings, and the requirements surrounding their...more

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