Photo of CSPEN BREAKING NEWS: Department of Education Halts Implementation of the 100% Rule Pending Court Decision

NEW General Guidance States That the Existing GE 100% Rule Regulations Remain In Effect Until Further Notice

Just moments ago, the U.S. Department of Education posted the following new guidance regarding the Gainful Employment regulation requirement related to state licensure and certification limits for programs measured in clock hours. In full, General Announcement 24-83 – Temporary Injunction on Program Length Regulation states:

“On October 31, 2023, the Department published a final rule in the Federal Register that included changes to regulations pertaining to financial responsibility, administrative capability, certification procedures, and ability to benefit (ATB). Those regulations are scheduled for implementation on July 1, 2024.

One of the provisions in those regulations would have reduced the maximum length of gainful employment (GE) programs to 100 percent of a state’s minimum educational requirements for licensure in the occupation for which the programs prepare students, with certain limited exceptions, as provided under 34 CFR 668.14(b)(26).

On June 21, 2024, the United States District Court for the Northern District of Texas, in 360 Degrees Education, LLC, et al. v. U.S. Department of Education, et al., granted the plaintiff’s motion for a preliminary injunction preventing the Department from enforcing the changes to 34 CFR 668.14(b)(26) pending a decision by the Court.

Therefore, until further notice, institutions must continue to comply with the maximum program length regulations that were in effect prior to July 1, 2024. The existing regulations limit the maximum program length of GE programs to 150 percent of a state’s minimum educational requirements for licensure, or 100 percent of the requirements of an adjacent state, whichever is greater.”

What’s Next
CSPEN will provide additional information on this and many other issues during next Thursday’s Federal Legislative & Regulatory Update webinar, but we wanted to make certain that this important guidance from the Department was shared with the community today.

Happy Independence Day to All!