Neg Reg Day 2: Gainful Employment Dominates Discussions, With Negotiators Also Focusing on Financial Responsibility


Owen Daugherty and Hugh T. Ferguson
January 20, 2022
The second day of the negotiated rulemaking session on Institutional and Programmatic Eligibility on Wednesday saw two of the committee’s most pressing issues take center stage, as negotiators were tasked with completing discussions on administrative capability and kicked off their discussion on gainful employment (GE).

The discussion on the standards of administrative capability picked up Wednesday where it left off the day before, as negotiators dissected the Department of Education’s (ED) draft regulatory language.

Notably, ED is proposing to add several new standards in the administrative capability rules including that an institution would be determined not administratively capable if it had engaged in misrepresentation or aggressive recruiting.

After a negotiator raised a concern about voting on these provisions when final language on misrepresentation and aggressive recruiting was not yet available, Greg Martin, a federal negotiator, said parts of the language for these issues are yet to be completed since they were part of the Affordability and Student Loans negotiated rulemaking session that concluded in December.