APSCU Blog: GAINFUL EMPLOYMENT UPDATE: Questions Still Left Unanswered

With the gainful employment regulation finalized, there are still many questions left unanswered. Below are eight of the most egregious unanswered questions.
Question 1: What does this new regulation mean for students?
What ED is not telling you: Millions of students will lose access to the higher education career training program of their choice – limiting economic opportunities for them and their families.
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Question 2: Why is the Department picking winners and loser based on politics and not results?
What ED is not telling you: The Department has carved community colleges from the GE regulation based on politics, not results.  Private sector institutions have lower default rates and higher graduation rates than Community Colleges, but, inexplicably, Community Colleges are the ones left unregulated by the Department.
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Question 3: Does the gainful employment regulation help or hurt President Obama’s goal of having the most college graduates by 2020?
What ED is not telling you: The regulation hurts this worthy goal. Thousands of programs will be eliminated or shut down, denying millions of students access to higher education and economic opportunity.

Question 4: What does this mean for employers looking for job-ready employees?
What ED is not telling you: Employers continue to struggle finding qualified workers to meet their needs. This problem is worsened as a result of the regulation. Thousands of employers will be left without job ready employees because the training pipeline they rely on for qualified health care professionals, automotive techs, HVAC techs, and information technology professionals, among others, will be eliminated.

Question 5: What does this mean for states?
What ED is not telling you: This regulation will cost states billions of dollars over the next few years as they struggle to fill the gap left by private sector institutions that served students overlooked by traditional higher education.
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Question 6: Is this about student protection?
What ED is not telling you: No, the regulation does not address the vast majority of programs or students. Instead, it singles out institutions that serve historically underserved students and cuts off new traditional student access to higher education.

Question 7: How does this regulation compare to the President’s proposed Ratings System?
What ED is not telling you: The regulation stands in stark contrast to what has been said by the Administration about the President’s Ratings System. While the Administration claims it wants a ratings system that “thoughtfully measure indicators like earnings, to avoid overemphasizing income or first jobs,” according to Deputy Under Secretary Jamienne S. Studley, the reality is that the Department is creating the exact opposite with the GE regulation.
  • Early year earnings are a core component of the regulation’s metrics.
  • The regulation ignores the fact that private sector institutions are significantly more likely to serve low-income, first generation, and minority students, and have much higher graduation rates than community colleges.
  • The regulation evaluates programs that serve low-income students on measures of income and loan repayment, which could lead institutions to accept fewer of these students.
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Question 8: Will the regulation close programs that provide a significant earnings gain for graduates?
What ED is not telling you: Yes. It is unclear why the Department wants to close programs that are providing graduates, their families and their communities with an economic advantage.

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