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ED/OPE RIN: 1840-AD31 Publication ID: Fall 2018 
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: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 34 CFR 668   
Legal Authority: 20 U.S.C. 3474    20 U.S.C. 1221e-3   
Legal Deadline:  None

Statement of Need: The Secretary initiated negotiated rulemaking to revise the gainful employment regulations published by the Department on October 31, 2014 (79 FR 64889).  The negotiated rulemaking committee did not reach consensus and the Department proposed new regulations to rescind the gainful employment regulations.

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 are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

Anticipated Costs and Benefits: These are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

Risks: These are identified through the negotiated rulemaking process and presented in the Notice of Proposed Rulemaking.

Timetable:
Action Date FR Cite
Notice of Intention to Commence Negotiated Rulemaking  06/16/2017  82 FR 27640   
NPRM  08/14/2018  83 FR 40167   
NPRM Comment Period End  09/13/2018 
Final Action  12/00/2018 
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