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Focus on Regulation

Tag Archives: Association of Private Sector Colleges and Universities

Court of Appeals Rejects Challenge to Gainful Employment Rule

On March 8, a the three-judge panel of the United States Court of Appeals for the District of Columbia Circuit affirmed a lower court’s decision rejecting a challenge to the U.S. Department of Education’s “gainful employment” regulations. The regulations, which took effect July 1, 2015 (with the exception of certain disclosure requirements that will take effect

U.S. Department of Education Publishes Amendments to Misrepresentation Regulations

On September 20, the U.S. Department of Education published final regulations making technical amendments to its misrepresentation regulations.  The amendments were a response to a U.S. Court of Appeals for the D.C. Circuit decision, which held that the Department’s misrepresentation regulations exceeded its authority in three respects.  The court vacated one provision and remanded two

D.C. Circuit Addresses Department of Education “Program Integrity” Rules

On June 5 the U.S. Court of Appeals for the District of Columbia Circuit issued a decision that invalidates parts of the Department of Education’s “program integrity” regulations but for the most part upholds them.  The challenged regulations address incentive payments to student recruiters, misrepresentation in marketing and advertising, and state authorization.  Last July, a