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Department of Education End-of-Year Regulatory Action Announcements: Financial Value Transparency and Gainful Employment + Program...

In the last week of 2024, the Department of Education (ED) announced a series of end-of-term regulatory actions – including updated guidance on the Financial Value Transparency and Gainful Employment (FVT/GE) regulations and...more

Gainful Employment Redux – Not Just for For-Profits Anymore

With a potential government shutdown bringing into question the ability to meet the master calendar requirement, the Department of Education (ED) released the final and official Gainful Employment (GE) rule on October 10,...more

Lurking Behind the Headline: Significant Regulatory Changes Beyond Gainful Employment in ED’s Latest NPRM

More than a year after the Department of Education (ED) completed its negotiated rulemaking covering an array of regulations related to institutional and programmatic eligibility for federal financial aid, ED published a...more

Blog: California Senate Appropriations Committee Sends Three Postsecondary Bills for Further Action, Shelves Three Others

After returning from recess on August 12, the California Senate Appropriations Committee took up the package of six remaining higher education bills intended to address concerns about private postsecondary education providers...more

Blog: California Legislature Takes Summer Break With Key Higher Education Bills Still in Air

The California Legislature began its summer recess on July 12 with a package of bills with broad implications for all institutions operating under BPPE authority still awaiting further Senate action. All seven of the original...more

Blog: After Nearly a Decade of Uncertainty, Gainful Employment Rule Is Gone

On July 1, the US Department of Education released a final rule that rescinds the entirety of the Obama-era Gainful Employment (GE) Rule. While the technical effective date of the rescission of the GE rule is July 1, 2020,...more

Blog: Department Confirms July 1 for New GE Disclosures + Delivery Process

Despite hopes that the US Department of Education might delay the expanded Gainful Employment disclosure requirements as it has done for the two past years, ED announced recently that covered institutions must meet these new...more

Blog: A Busy Week for the Gainful Employment Rule

Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more

Blog: Is a Kinder, Gentler Gainful Employment Reg in the Works While ED Announces Steps to Publish New Rates?

Keeping up with the Gainful Employment Rule has been a full time job in recent months. Between new Department of Education actions to prepare a second set of GE rates, negotiated rulemaking to write a new rule, a lawsuit...more

Blog: Department of Education Defends Its Actions in GE Rule Lawsuit

The debate over the current and future Gainful Employment Rule continues in all three branches of the federal government: the administration, Congress and the federal courts. After the new administration took office in...more

Blog: Another New Gainful Employment Disclosure Template, With Some Unexpected Changes

The Department of Education announces changes to the Gainful Employment Disclosure Template. Disclosure Template Deadline and Updates - In its Electronic Announcement, ED set April 6, 2018 as the new deadline for...more

Blog: Department of Education Extends Deadline for Gainful Employment Earnings Appeals

The Department of Education issued a notice on August 18 that extends the deadline for all institutions to file alternate earnings appeals that challenge the debt-to-earnings rates issued for their GE programs in January...more

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

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

Blog: Last Minute Reprieve in GE Rule

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

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

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

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

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

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

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

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

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

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

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

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

Alert: Seven Steps To Prepare For The New Gainful Employment Rule

The Gainful Employment Rules became effective on July 1, 2015, and you probably already know that your institution has a deadline to report six years' worth of institutional, student and financial data to the Department of...more

Alert: No 11th Hour Reprieve: GE Rules Upheld

With a second court ruling in late June in favor of the U.S. Department of Education, the Gainful Employment Rules ("GE Rules") took effect on July 1, 2015. The GE Rules will, ultimately, provide new challenges to the...more

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

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

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