Just as community college officials were scrambling to fully comply with a new U.S. Education Department (ED) rule limiting the length of certain gainful employment (GE) programs for the purposes of student aid, a Texas court has stepped in and halted implementation of the regulation.
Although the temporary restraining order that blocked ED’s new regulation may ultimately be reversed in further legal action, for the time being, it relieves pressure on campuses to come into compliance.
The regulation now subject to the temporary restraining order (TRO) prohibits any GE program — at community colleges, this means all certificate programs that qualify for Title IV aid — from being longer than the minimum number of hours required by a state for an individual to practice in the field, including licensure. Essentially, it converts a state floor into a federal ceiling. Under the previous regulations, federal program eligibility rules stated that programs could be no longer than 150% of the state minimum to be eligible for aid.
The regulation in question is set to take effect July 1, although ED had formally stated that it would provide a grace period of six months, through the end of 2024, if colleges could demonstrate that:
- The inability to obtain approvals from states and/or accrediting agencies for changes in program length in order to comply with requirements under 34 CFR 668.14(b)(26).
- The inability to obtain approvals for academic program changes to comply with the requirements related to licensure/certification under 34 CFR 668.14(b)(32).
- The inability to obtain sufficient clarity from state licensing and certification entities about licensure and certification requirements.
- The inability to access and use the department’s systems.
This delay in enforcement was in response to widespread stated concerns, including those voiced by the American Association of Community Colleges (AACC), about the difficulty of implementing the regulation in the allocated timeframe. The regulation was published in final form on October 31, giving institutions just eight months to overhaul programs affected by the regulation.
For the latest information on key regulatory efforts, visit AACC’s regulatory tracker.
Regardless of the merits of the rule — and AACC has stated its opposition to the proposed rule in the formal commenting period, as well as supported House legislation to negate the rule — numerous AACC member colleges have expressed that they would need more time than what was allotted to restructure their programs to come into compliance.
The lawsuit was brought by a coalition of Texas for-profit vocational schools and supported by the most prominent national for-profit trade association, Career Education Colleges and Universities.
AACC will continue to keep its members informed on this and other key regulatory issues.
