There has been significant activity in the ongoing legal battle between the Association of Private Sector Colleges and Universities (APSCU) and the U.S. Department of Education concerning ED's recent regulatory activity under the Higher Education Act.   

On July 15, 2011, the APSCU filed a notice of appeal concerning the decision by the United States District Court for the District of Columbia regarding APSCU's challenges to the Department's incentive compensation, misrepresentation, and state authorization regulations.  You will recall that the district court decision vacated the state authorization rule but left the incentive compensation and misrepresentation regulations in place.  APSCU’s appeal is now pending before the United States Court of Appeals for the District of Columbia Circuit.

Perhaps more significantly, on July 20, the APSCU filed a second lawsuit against the Department in federal district court in Washington, D.C.  Its complaint seeks to overturn the Department's program approval and reporting and disclosure regulations effective July 1, 2011, as well as the gainful employment regulations that will go into effect on July 1, 2012.  As with the previous complaint, the APSCU seeks injunctive and declaratory relief against the Department.