APSCU Disappointed In U.S. Department Of Education Announcement To Establish Negotiated Rulemaking Committee For Gainful Employment

Today, APSCU President and CEO Steve Gunderson released a statement following the U.S. Department of Education’s announcement that they will establish a negotiated rulemaking committee for consideration of gainful employment.

“We are extremely disappointed that the U.S. Department of Education intends to establish a negotiated rulemaking committee for consideration of gainful employment.  The Department’s decision to announce this as their first solitary rule-making initiative creates all the fears of a repeated, faulty and confrontational process when we should all be working together to provide the career education that leads to real jobs, with real incomes. This action goes against the request of members of Congress, as well as other higher education stakeholders, to wait until Congress sets the course for Higher Education Reauthorization.

“Since the Department has opted not to yield to this advice, they must not repeat the biased and tainted regulatory process that resulted in the flawed gainful employment regulation rejected by the Courts.

“As recently as April, Senators Burr and Coburn sent a letter to Education Secretary Duncan requesting an update on the Department's implementation of the Inspector General's suggested corrective actions for improving transparency and proper management of the negotiated rulemaking process.  Specifically, the Senators asked for an update on Department policies related to:

  • communication with outside parties during rulemaking;
  • public disclosure of contact with outside parties after negotiated rulemaking sessions end;
  • confidential financial disclosures by Department employees working on rulemaking that impact publicly traded entities.

“If we are going down this well-worn path once again, then we hope that the participants selected as negotiators represent the viewpoints of all the parties involved in postsecondary education, so that the Department can benefit from hearing a variety of differing viewpoints.  The Department cannot put forth a regulation that stifles education innovation, cost jobs and displaces the students who benefit most from career and job focused training.”


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