November 30, 2023 • 1–3 PM ET

The Financial Value Transparency Wake-Up Call: Navigating a New Compliance and Business Landscape 

On September 28, 2023, the U.S. Department of Education, Office of Postsecondary Education, published a new Final Rule governing Gainful Employment programs and, separately, a new Financial Value Transparency Framework that would apply to “nearly all academic programs at postsecondary institutions.” The Department will establish performance benchmarks for each program based on information institutions will be required to report and earnings data to be provided by a federal agency. Information regarding each program’s performance will then be available on the Department’s website, and institutions will be required to disclose its availability to prospective and current students.  For graduate degree programs with failing outcomes under the debt-burden measures, prospective students will be required to acknowledge viewing the Department’s new website before entering into an enrollment agreement.  For failing non-degree programs, institutions must adhere to warning and disclosure requirements for both prospective and current students.  And non-degree programs that fail multiple years will lose Title IV eligibility. 

Join us for this 2-hour webinar in which two expert NACUA member attorneys will discuss: 

  • The origins of the Financial Value Transparency and Gainful Employment Rule,
  • The new reporting and disclosure requirements under the Rule and the logistical challenges to expect in establishing compliance,
  • How the Department will evaluate each academic program and the likely potential consequences of receiving “high-debt-burden” or “low-earning” labels, and
  • How to prepare campus leaders and stakeholders to build Financial Value Transparency evaluations into academic program planning and review.

Who Should Attend?

This webinar will be of interest to lawyers employed by colleges and universities within the Office of General Counsel and in various roles throughout the institution, outside counsel, and senior institutional leaders.   

Program Schedule

1:00 P.M. ET

I. Introduction

II. Origins of the new framework

III. Potential litigation and other obstacles to full implementation

III. The reporting and disclosure requirements

V. How the metrics work

VI. The consequences of a “high-debt-burden" or “low-earning” label

VII. Implications for academic program planning and review

VIII. Questions and Answers

3:00 P.M. ET

IX. Conclusion


Yvette Clark

ClarkYvetteR. Yvette Clark is Senior Vice President and General Counsel at Southern New Hampshire University.  She previously served as General Counsel at Cambridge College and at Stephen F. Austin State University, and as Assistant General Counsel at the University of North Texas and the University of North Texas Health Science Center.  She served as a law clerk in the...

Aaron Lacey

Aaron Lacey is a Partner at Thompson Coburn where he chairs the firm’s Higher Education Practice and assists institutions to navigate a wide range of complex legal and regulatory matters. Aaron has substantive experience in federal, state, and accrediting agency laws and standards that govern postsecondary institutions, and regularly advises on issues involving..


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