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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

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Program Integrity & Gainful Employment; Authorizations & Regulations

U.S. Department of Education Office of Postsecondary Education Releases 2018 Gainful Employment Disclosure Template (Jan. 19, 2018)

The Office of Postsecondary Education announced its release of the 2018 Gainful Employment Disclosure Template. The gainful employment rule, which applies to for-profit institutions as well as non-degree programs at community colleges and other nonprofit institutions, sets performance standards based on the ability of graduates to repay their federal student loans. Institutions that wish to participate in student financial assistance programs must disclose to prospective students certain information about their GE programs. Institutions have until April 6, 2018 to update disclosures for their GE programs according to the 2018 disclosure template. 

1/23/2018
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Program Integrity & Gainful Employment; Authorizations & Regulations

Department of Education Rule on Deadlines for Filing Alternate Earnings Appeal and Notice of Intent to File Alternate Earnings Appeals (August 18, 2017)

Rule issued by the U.S. Department of Education establishing the deadlines by which institutions must file an alternate earnings appeal and a notice of intent to file an alternate earnings appeal. On January 6, 2017, the Department announced dates by which institutions subject to gainful employment regulations must comply with certain provisions relating to the submission of alternate earnings appeals. In this announcement, the Department has pushed the deadline for filing alternate earnings appeals to February 1, 2018, while also providing additional information that the Department will consider when it evaluates such an appeal. The Department further determined October 6, 2017, as the new deadline for filing a notice of intent to file an alternate earnings appeal. These deadlines were established in compliance with a recent court order in American Association of Cosmetology Schools v. DeVos, but extend beyond cosmetology schools to include all institutions under the purview of gainful employment regulations. Interested persons are invited to submit comments on or before September 18, 2017.

8/18/2017
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Program Integrity & Gainful Employment; Authorizations & Regulations

Department of Education Announcement on Delay of Gainful Employment Regulations Compliance (July 5, 2017)

Announcement issued by the U.S. Department of Education extending the deadline by which institutions must comply with certain gainful employment regulations. To allow for continued negotiation and additional public comments, the Department is extending the deadline for compliance with disclosure regulations until July 1, 2018, exactly one year after the original compliance deadline of July 1, 2017. The Department is also extending the deadline for institutions to file alternate earnings appeals to July 1, 2018, in light of a recent court order in American Association of Cosmetology Schools v. DeVos. In conjunction with this announcement, the Secretary of Education issued a press release describing the regulations as “overly burdensome” and calling for a “regulatory reset” to expand students’ options for pursuing higher education. 

7/6/2017
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Higher Education Opportunity Act; Program Integrity & Gainful Employment; Authorizations & Regulations

2017 Federal Student Aid Program Review Guide for Institutions (June 2, 2017)

Latest edition of the Program Review Guide for Institutions was published by the Office of Federal Student Aid (FSA). The Guide contains information on the U.S. Department of Education’s guidelines for Department personnel who review the programs of institutions that receive Title IV funding. It also provides institutions with an overview of the program review process and guidance in preparing for, participating in, and following up on program review.  

6/6/2017
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