Department Aligns Prospective Student Disclosure Requirements with An Effective Date of Potential Implementation of New GE Regulations – Request Comments by July 18, 2018

On Monday, the U.S. Department of Education posted a Notice in the Federal Register extending the previous delay of Sections 668.412(d) [Promotional Materials for Prospective Students] and (e) [Direct Distribution of Disclosure Template Information] from the current deadline of July 1, 2018 to July 1, 2019.  Additionally, the Notice provides an opportunity for public comment to be submitted by July 18, 2018. 

Almost a year ago, when the Department first published a one-year delay in the requirements for disclosures to perspective students; AACS shared with our membership on July 5, 2017 the following guidance: 

“Institutions are not required to provide the 2017 Gainful Employment Program Disclosure Template as part of promotional materials related to any GE program OR present the information related to each GE program to prospective students prior to the signing of an enrollment agreement, completion of any registration materials, or making any financial commitment to the institution.  

These requirements have been postponed for a period of one year, until July 1, 2018, so that the Department may have more time to ‘evaluate the utility of these disclosures to students and the implementation of this requirement 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.’” 

This original Department guidance came just days after the June 29, 2017 ruling by Judge Contreras Court Order in American Association of Cosmetology Schools (AACS) v. DeVos, Civil Action No. 17-0263, D.D.C.   Can you believe that was almost a year ago? 

Your AACS GRC is in the process of developing a response in support of this extension while we await the publication of a more expansive Notice of Proposed Rulemaking establishing a new regulatory framework and education program disclosure requirements for all institutions of higher education.  AACS will share our comments with you, our members, prior to the deadline and encourage you to share your comments with the Department.  Generally, our comments regarding this delay will be that we agree with the Department; It makes sense to align the delay in these disclosures to allow for new regulations to be proposed, commented upon, and implemented under the Master Calendar requirements on July 1, 2019.

The Federal Register Notice can be viewed here.