Decision on Gainful Employment Regulations
I need to travel out of town more often. While I was in Chicago for the NACUA Annual Conference last week through Saturday, the courts decided the Patient Protection and Affordable Care Act and the gainful employment litigation case filed by APSCU against the U.S. Department of Education.
By now, you all know the result of the Supreme Court case in "Obamacare." (More later on the intriguing language arising from the Medicaid portion of the case and how the ruling might lengthen the strings that attach to federal aid to education up the road.)
For many postsecondary institutions, however, last Saturday's ruling in APSCU v. Duncan will likely have a more immediate impact. I have not yet read the opinion, but it appears that the Court has vacated and remanded to the Department the debt measure rule (34 C.F.R. § 668.7), the program approval rule (§ 600.10(c)-(d)), and the reporting portion of the reporting and disclosure rule (§ 668.6(a)). The disclosure portion of the latter rule (§ 668.6(b)-(c)) stands. The Court's judgment succinctly sets forth the ruling.