Trump’s Initial Action Looks FAVORABLE. DOE Actions to Follow

President Trump’s Initial Action on Inauguration Day Set The Stage for FAVORABLE Department of Education Actions to Follow

Just hours after President Trump became our nation’s 45th President, he took time out of the Inaugural festivities to sign an Executive Order which he stated was intended minimize the impact of the health care law.

Around the same time the President was publicly signing the order, White House Chief of Staff Reince Priebus issued a memorandum to all executive departments and agencies calling upon them to freeze new or pending regulations – giving the new administration time to review them.

Sound familiar? It should, as their actions are based upon the precedent highlighted in Rep. Lee Zeldin’s Gainful Employment letter to President Trump and U.S. Secretary of Education-designee DeVos, seeking a delay in the implementation of the GR regulations and enforcement of the pending disclosures based upon the now published, but not fully implemented, final GE rates.

Rep. Zeldin knows, just as we do, that this action is a fairly standard move for a new administration – as it effectively halts any lingering policies from the Obama administration before they can be finalized.

The move also gives President Donald Trump the ability to declare an immediate impact on the regulations that Republicans have long slammed as overly burdensome or problematic — a major promise of his administration.

But what could this potentially really mean for us?

Well, it could mean:

  1. 1. Borrower Defense to Repayment regulations, finalized in October of 2016, but not scheduled to go into effect until July 1, 2017, could be delayed – along with the Student Assistance General Provisions Final Rule published on January 19, 2017 – the Obama Administration’s last day;
  2. 2. State Authorization for Distance Education regulations potentially affect 5.5 million student, published on December 19, 2016, could – once again – be delayed;
  3. 3. Provisional Program Participation Agreement and Addendum regulatory requirements distributed to all ACICS-accredited institutions, published on December 12, 2016, could be delayed and returned to only those requirements stipulated in law, not as a portion of the Summary of Selected Requirements for Institutions Accredited by ACICS, could be delayed; AND/OR
  4. 4. Gainful Employment regulations, finalized in October 2014, effective July 1, 2016 – but not yet fully implemented, could be partially or fully delayed.

Again, while there is no assurance so soon after Chief of Staff Priebus’ memo that one or more of these sets of regulations could be frozen, there are certainly legitimate justifications for doing so – and it certainly doesn’t hurt that we have outreach like Rep. Zeldin’s GE Letter arriving on their desk this week!

As we start the week in anticipation of more details to follow, CSPEN will continue to provide you with timely updates on the prospect that these delays will be supported by the new administration.

Simultaneous to these notices, we while we continue to provide key Trump transition members and congressional leaders and their staff with data, revised and refreshed talking points, and further justification maintaining the sense of urgency for the immediate adoption of all of these delays.

CSPEN suggests that our collective responsibility over the next couple of weeks is to continue to focus on outreach to your elected officials making them aware of each of these concerns and calling upon them to support the delays most important to your institution(s)!