ED Announces Two Previously-Delayed Gainful Employment Disclosure Requirements Will Go Into Effect July 1, 2019

By Jill Desjean, Policy and Federal Relations Team

On Friday, the Department of Education (ED) released its Announcement of Applicable 2019 GE Compliance Dates, reminding institutions of the July 1, 2019 deadline to comply with the gainful employment (GE) regulations in 34 CFR 668.412 (d) and (e). These rules require institutions to include the disclosure template on all promotional materials made available by or on behalf of an institution to prospective students, and to provide a copy of the disclosure template directly to prospective students before they sign an enrollment agreement, complete registration, or make a financial commitment to the institution.

The Trump administration had previously delayed implementing these two sections of the 2016 GE requirements three times. 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, Education Secretary DeVos announced plans to postpone the implementation of the disclosure requirements until the following year, July 2018. Then, on June 18, 2018, a third delay was announced, this time until July 1, 2019.

The gainful employment regulations were re-negotiated in 2018. No new final rule has been published as of this date, but, if published by November 1, 2019 the new rule will become effective on July 1, 2020. This led to speculation that ED would issue a fourth delay until the new rule became effective. Friday’s announcement, however, clarifies that there will be no further delay.


Publication Date: 5/28/2019

Mhairi D | 5/29/2019 11:47:44 AM

Natalie...I am assuming we use 2017-2018 because technically we are still in the 2018-2019 year (through June 30th). But you are right, the guidance on this is very limited.

Natalie C | 5/28/2019 2:32:09 PM

It is unclear what cohort were supposed to use for July 2019? We need to know what cohorts to run for audit purposes.

Thank you
Natalie Cardenas Director of Financial Aid

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