DeVos Delays Disclosure Requirements of GE Rule Again
By Joelle Fredman, NASFAA Staff Reporter
Education Secretary Betsy DeVos announced Friday that she will delay implementation of certain disclosure requirements included in the federal regulation of gainful employment (GE) previously set to go into effect next month for another year, as the Department of Education (ED) drafts an entirely new regulation to be released for public comment later this month.
This is the third time the Trump administration has pushed off implementing GE requirements aimed at disclosures on promotional materials and individual disclosures sent to prospective students. The Obama-era requirements were first set to go into effect in April 2017 when the new administration delayed them until July 2017. Following that delay, DeVos announced plans to postpone the implementation of the disclosure requirements until the following year, July 2018. Friday’s announcement, which was published in the Federal Register today, delays the disclosure requirements of the regulation until July 2019.
In the notice, ED wrote that following the series of negotiated rulemaking sessions it held between December 2017 and March 2018 that concluded with no consensus, it is currently working to draft a new rule, and has pushed off the disclosure requirements as it “continues to evaluate the efficacy of these disclosures to students, including the manner in which the GE regulations would require institutions make these disclosures, and the burden associated with the implementation of these requirements.”
“As the Department continues to review the utility of these requirements in connection with the proposed rulemaking, we are allowing institutions additional time — until July 1, 2019 — to comply with the provisions,” ED wrote.
Despite this delay, institutions still have to post the GE disclosure template on their GE programs' websites and are still required to publish any required warnings in accordance with the existing regulations that are not part of this delay.
ED announced in May that it would publish a Notice of Proposed Rulemaking (NPRM) for GE later this month, which will then be subject to public comment before a final rule is drafted.
Publication Date: 6/18/2018
Tony L | 6/18/2018 9:19:44 AM
I hope ED remembers the problems they are encountering implementing all of these GE requirements when they go to enforce them upon institutions...GE is an administrative nightmare to compile and report.
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