The (Renewed) Fight Over Gainful Employment
Scott Jaschik
January 18, 2022
Many other fights that focus on for-profit higher education will be center stage in a round of negotiated rule making sponsored by the Department of Education this week. Will the negotiators find consensus on any issues?
The Education Department will hold another session of negotiated rule making on key rules to govern student aid and other programs this week. Education advocates are expected to talk at length about gainful employment, a rule designed to assure that for-profit colleges and nondegree programs at public and private colleges prepare students for “gainful employment in a recognized occupation.”
But it’s unclear a resolution on that issue—or most others—will be reached. The rules that govern negotiated rule making require a consensus among members. “Consensus means that there is no dissent by any member of the negotiating committee. Thus, no member can be outvoted,” says a memo on the rules governing the process.
