Following a District Court’s ruling that upholds the Department of Education’s Gainful Employment regulation, the Association of Private Sector Colleges and Universities (APSCU) recently announced it would be appealing the verdict. Understandably, we wish them great success in their continued fight on behalf of the millions of students whose academic and professional livelihoods will be harmfully impacted over the next decade as a result of the Rule.

“We believe this regulation is arbitrary and capricious and in violation of federal law,” said APSCU President and CEO Steve Gunderson in a statement.

He continued:  “The regulation is harmful to students and inconsistent with the intent of the Congress under the Higher Education Act. It needlessly complicates the efforts of non-traditional students to achieve a career-focused education that helps them get jobs and we will continue to fight to keep opportunities open for students who are often struggling to juggle family, work, and school.”

The court’s ruling comes after APSCU filed a lawsuit in November last year against the Department’s new Gainful Employment Rule. While there were some differences between this version and the prior version that was successfully struck down in court in 2012, the same structural flaws exist, warranting the separate legal challenges filed in late 2014 by APSCU and APC.

We commend APSCU on its decision to appeal. We continue to consider all our legal options and will provide updates as appropriate.

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