ED's latest proposed rule-making: Pursuing its own agenda

The U.S. Department of Education's (ED) higher education policymaking agenda so far in 2018 has to a large degree seemed to focus on rolling back initiatives of the Obama administration, including several rule-making efforts focused on protecting student borrowers and increasing oversight of for-profit institutions.

ED recently announced a plan to rescind the much debated gainful employment rule in favor of disclosure requirements to be applicable to all institutions. Expanded borrower defense to repayment rules, which had been re-written in the wake of the collapse of several large for-profit institutions, are now proposed to be significantly scaled back. And rules regarding state authorization of distance education were delayed again, except notably the requirements related to foreign locations.

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