NAICU Washington Update

Negotiators Fail to Reach Agreement on Gainful Employment Rewrite

March 23, 2018

The federal negotiated rulemaking committee tasked with rewriting the Obama Administration’s Gainful Employment regulations has failed to reach consensus on a final regulatory package. Just like the failed Borrower Defenses to Repayment negotiations, the Department of Education now has the authority to author regulations on its own without being bound by the consensus of the negotiating panel.
It is likely the Department will release a Notice of Proposed Rulemaking in the coming months, offering the public an opportunity to offer comments on the draft regulations it develops. Once comments are received and considered, the Department will release a final regulation thereafter. If the final regulations are released prior to November 1, 2018, then they will go into effect for the 2019-2020 academic year, beginning on July 1, 2019.