Posted Date: August 30, 2013

Author:  Lynn Mahaffie, Acting Deputy Assistant Secretary, Policy Planning and Innovation, Office of Postsecondary Education

Subject: Gainful Employment Electronic Announcement #44 - Posting of Session One materials related to Negotiated Rulemaking Committee

On June 12, 2013, the Department published a notice in the Federal Register announcing its intention to establish a negotiated rulemaking committee for the purpose of preparing proposed regulations that would establish standards for programs that prepare students for gainful employment in a recognized occupation.

In preparation for the first meeting of the negotiating committee on September 9-11, 2013, the Department is providing the negotiators with, and posting on the Office of Postsecondary Education’s web site, draft regulatory language that will be used as a starting point for discussion. In addition to the draft regulatory language, the Department is providing the negotiators with, and posting on the web site, the following materials to further inform the discussion at the negotiation sessions:

  • Data relating to gainful employment programs;
  • A high-level analysis of the data; and
  • Documents comparing the draft regulatory language with previous regulations.

The Department looks forward to discussing the draft regulatory language and responding to questions at the first negotiating session and throughout the rulemaking process, which will include a second meeting of the negotiators in October 2013 and a subsequent public comment period that will occur after the Department issues a notice of proposed rulemaking. Prior to the first meeting, however, we will not respond to questions with respect to the draft language or supporting information so that the negotiators have a fair opportunity and sufficient time to independently consider the materials and consult with their constituents.

For more information on the gainful employment negotiated rulemaking effort, including the materials described above, meeting times, and location, see


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