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ED/OPE RIN: 1840-AD31 Publication ID: Fall 2017 
Title: ●Program Integrity; Gainful Employment 
Abstract:

The Secretary plans to amend regulations on institutional eligibility under the Higher Education Act of 1965, as amended (HEA), and the Student Assistance General Provisions, including the regulations governing whether certain postsecondary educational programs prepare students for gainful employment in a recognized occupation, and the conditions under which these educational programs remain eligible under the Federal Student Aid programs authorized under title IV of the HEA. 

 
Agency: Department of Education(ED)  Priority: Economically Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 668   
Legal Authority: 20 U.S.C. 1001    20 U.S.C. 1002    20 U.S.C. 1003    20 U.S.C. 1088    20 U.S.C. 1091    20 U.S.C. 1094    20 U.S.C. 1099(b)    20 U.S.C. 1099(c)   
Legal Deadline:  None

Statement of Need:

The Secretary is initiating negotiated rulemaking to revise the gainful employment regulations published by the Department on October 31, 2014 (79 FR 64889).

Summary of the Legal Basis:

Section 492 of the HEA requires that, before publishing any proposed regulations to implement programs authorized under title IV of the HEA, the Secretary obtain public involvement in the development of the proposed regulations. After obtaining advice and recommendations from the public, the Secretary conducts negotiated rulemaking to develop the proposed regulations. Section 431 of the Department of Education Organization Act provides authority to the Secretary, in relevant part, to inform the public regarding federally supported education programs; and collect data and information on applicable programs for the purpose of obtaining objective measurements of the effectiveness of such programs in achieving the intended purposes of such programs. 20 U.S.C. 1231a.

Alternatives:

These will be identified through the negotiated rulemaking process, presented in a Notice of Proposed Rulemaking, and discussed in the Final Regulations

Anticipated Costs and Benefits:

These will be identified through the negotiated rulemaking process, presented in a Notice of Proposed Rulemaking, and discussed in the Final Regulations

Risks:

These will be identified through the negotiated rulemaking process, presented in a Notice of Proposed Rulemaking, and discussed in the Final Regulations.

Timetable:
Action Date FR Cite
Notice of Intention to Commence Negotiated Rulemaking  06/16/2017  82 FR 27640   
NPRM  06/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Annmarie Weisman
Department of Education
Office of Postsecondary Education
400 Maryland Avenue SW, Room 287-25,
Washington, DC 20202
Phone:202 453-6712
Email: annmarie.weisman@ed.gov