Posted Date: June 30, 2017

Author:  Kathleen A. Smith, Acting Assistant Secretary for the Office of Postsecondary Education

Subject: Gainful Employment Electronic Announcement #106 - Extension of Compliance Date for Certain Disclosure Requirements and Alternate Earnings Appeals

The Department sent to the Federal Register an announcement that allows additional time for institutions to comply with certain provisions of the Gainful Employment regulations.  On January 6 and January 19, 2017, the Department announced dates by which institutions subject to the Department’s gainful employment (GE) regulations must comply with certain provisions of the GE regulations relating to the submission of alternate earnings appeals and disclosure requirements.  On March 6, 2017, the Department announced that it was allowing additional time, until July 1, 2017, to comply with those provisions.  On June 15, 2017, the Department announced its intention to negotiate issues related to gainful employment.

The Federal Register announcement will give institutions until July 1, 2018 to comply with certain disclosure requirements in the GE regulations and invites comment on this action.

In addition, the Department extends the deadline for all programs to file alternate earnings appeals in response to the Court Order in American Association of Cosmetology Schools v. DeVos, Civil Action No. 17-0263, D.D.C. June 28, 2017 (Court Order).  The Department will issue a Federal Register notice to specifically implement the Court Order, including establishing new deadlines, and anticipate doing so within 30 days from the Federal Register publication.

The Department believes that it should evaluate the utility of the disclosure provisions in 34 CFR 668.412 (d), and (e) to students and the implementation of these requirements prior to requiring institutions to include the disclosure template, or a link thereto, in their GE program promotional materials and to directly distribute the disclosure template to prospective students. Moreover, the Department expects to further review these requirements as part of its review of the GE regulations and their implementation, including through negotiated rulemaking.

Accordingly, the Department is allowing institutions additional time – until July 1, 2018 – to comply with the provisions in 34 CFR 668.412 (d) and (e).

Consistent with the Department’s March 6, 2017 announcement, by July 1, 2017, institutions must comply with the requirement in 34 CFR 668.412(c) to provide a completed disclosure template, or a link thereto, on its GE program web pages.

The GE Disclosure Template and Quick Start Guide are available here:


End of Page