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The Gainful Employment Rule is Here to Stay, at Least for Now

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In a huge victory for the Obama administration, the Gainful Employment rule will go into effect tomorrow. The regulation, if enforced, should go a long way in protecting vulnerable students from unscrupulous for-profit colleges.

It is, however, unclear whether a single for-profit college program will lose eligibility for federal aid as a result of it 鈥 as those sanctions won鈥檛 kick in before President Obama鈥檚 term ends. Ultimately, it will be up to the next presidential administration to decide whether to keep the regulation, which aims to stop for-profit colleges and other vocational programs from saddling students with unmanageable levels of debt, or scrap it. It鈥檚 hard to imagine that any Republican administration would enforce the rule.

This is not to take away from the Obama administration鈥檚 achievement. The Education Department went to great lengths to write that could survive a court challenge. And on that count, the Department delivered 鈥 as it was able to beat back legal challenges from both (APSCU) and the (APC).

The Department鈥檚 work on gainful employment has already forced changes in the for-profit higher education industry that should benefit students. Companies like Career Education Corporation have been . And others, like ITT Educational Services have, according to , 鈥渋ncreased their spending on scholarships, which have reduced debt levels for students.鈥

Still, the rule is far from perfect. Because it looks only at the earnings of graduates, it holds harmless programs that have high rates of non-completion and churn. In other words, a program in which 99 percent of students drop out and are unable to repay their debt will not be sanctioned.

Meanwhile, the for-profit college industry鈥檚 Republican friends are making one last desperate attempt to kill the Gainful Employment regulation 鈥 despite all the evidence that . Both the House and Senate Appropriations Committees have that would bar the Education Department from enforcing the rule.

The Obama administration has made clear that , and the president will likely veto them if they reach his desk.聽Republican Congressional leaders don鈥檛 appear to have the votes needed to override a veto.

The Gainful Employment rule, in other words, seems to be safe for now. What happens after President Obama leaves office is anybody鈥檚 guess.”

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Stephen Burd
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Stephen Burd

Senior Writer & Editor, Higher Education

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The Gainful Employment Rule is Here to Stay, at Least for Now