On August 17, 2017, the Department of Education announced its illegally gutting
of the gainful employment regulation by allowing all failing programs to enroll students without warning them, allowing all programs to appeal ratings based on data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's rating.
its illegally gutting
of the gainful employment regulation by allowing all failing programs to enroll students without warning them, allowing all programs to appeal ratings based on data that may significantly overstate the actual earnings of their graduates, and giving Secretary DeVos wide discretion to change a program's rating.
Not exact matches
While the current leadership
of the Department
of Education appears to back relaxing or even repealing the
gainful employment rule, other groups are strong advocates
of this
regulation.
Newly appointed head
of the Department
of Education Betsy DeVos appears very unlikely to pursue further
regulation of for - profit colleges, and I think there's a good chance that the
gainful employment regulation and the 90/10 rule are both rolled back.
Is this a way for the U.S. Department
of Education to address proprietary colleges without having to mess with
gainful employment regulations?
The US Department
of Education's decision to revisit the
gainful employment regulations that would cut off federal aid to career training programs where students take on large debts relative to their income has been generally cheered by the right and criticized by the left.
Some members
of the Congressional Black Caucus have attacked the
gainful -
employment proposal and other
regulations as discriminatory, as for - profit colleges enroll disproportionate numbers
of low - income students and nonwhites.
The Association
of Private Sector Colleges and Universities has filed a lawsuit to block
gainful employment regulations, citing negative impacts on access to education opportunities.
(3) The Secretary may make a grant for a project pursuant to this subsection only on his determination that (A) the purpose
of such project is to prepare handicapped individuals, especially those with the most severe handicaps, for
gainful and suitable
employment: (B) the individuals to receive training services under such project will include only those who have been determined to be suitable for and in need
of such training services by the State agency or agencies designated as provided in section 101 (a)(1)
of the * State in which the REHABILITATION facility is located; (C) the full range
of training services will be made available to each such individual, to the extent
of his need for such services; and (D) the project, including the * participating REHABILITATION facility and the training services provided, meet such other requirements as he may prescribe in
regulations for carrying out the purposes
of this subsection.
(d) The Secretary is authorized to make contracts or jointly financed cooperative arrangements with employers and organizations for the establishment
of projects designed to prepare handicapped individuals for
gainful and suitable
employment in the competitive labor market under which handicapped individuals are provided training and
employment in a realistic work setting and such other services (determined in accordance with
regulations prescribed by the Secretary) as may be necessary for such individuals to continue to engage in such
employment.
Repeal the
gainful employment regulations and prohibit the Secretary
of Education from promulgating or enforcing any
regulation regarding the definition or application
of the term
gainful employment.
The Education Department would no longer be able to enforce the «
gainful employment regulation,» which looks at the debt - to - income ratio
of students post-graduation when considering how much federal student aid for - profit education institutions should receive.
Steve Gunderson, CEO and president
of Career Education Colleges and Universities — a trade organization representing for - profit colleges — told the Journal, «If we can replace [the
gainful employment regulation] with a common set
of outcomes for everybody, I think we're all better off.»
Today, the U.S. Department
of Education announced steps to change two important higher education
regulations — a delay
of borrower defense and a renegotiation
of the
gainful employment rule — and to conduct a new regulatory process to rewrite these rules.
«If the Administration were serious about helping harmed students and protecting students from predatory practices, it would be implementing the borrower defense and
gainful employment regulations without delay and acting on the tens
of thousands
of pending loan discharge applications, not dismantling current protections and committing to follow through only on the 16,000 applications approved by the Obama Administration.
Joint comments submitted by more than 50 organizations in response to the Department
of Education's plan to conduct negotiated rulemaking on the
gainful employment regulations finalized in October 2014 and the borrower defense to repayment and college accountability
regulations finalized in November 2016.
The relevant LGPS
regulations provided that, in order for IHER to be granted, the member needed to be «permanently incapable
of discharging efficiently the duties
of his current
employment» with a «reduced likelihood
of being capable
of undertaking any
gainful employment before his normal retirement age».