Additional Gainful Employment Program Disclosure Requirements Take Effect July 1, 2019

Author:Ms Stephanie J. Gold, Michelle Tellock and Greg Ferenbach
Profession:Hogan Lovells

After granting institutions several extensions to comply with certain disclosure requirements of the U.S. Department of Education's (ED) "gainful employment" (GE) regulations, ED announced that beginning on July 1, 2019, institutions that offer GE programs will be required to comply with the requirements in 34 C.F.R. 668.412 (d) and (e), which require the GE Disclosure Template, described below, to be distributed through additional channels.

Background: GE Disclosure Template

Under the GE regulations, an institution must use a disclosure template provided by ED (GE Disclosure Template) to disclose on its website information about each of its GE programs to enrolled and prospective students. Generally, GE programs include non-degree educational programs at public and private nonprofit institutions, and, with limited exceptions, all educational programs offered by proprietary institutions. Each year, ED identifies the information that must be included in the GE Disclosure Template, and the institution must update at least annually the information contained in the GE Disclosure Template with the most recent data available for each of its GE program. On May 9, ED announced the release of the 2019 GE Disclosure Template and explained that institutions would have until July 1, 2019 to update their disclosures and post them to their websites. On June 7, ED issued additional guidance on use of the 2019 GE Disclosure Template.

Additional disclosure requirements

On May 23, ED reminded institutions that beginning July 1, 2019, they will be required to comply with the disclosure requirements in 668.412(d) and (e), in addition to the requirement to post the GE Disclosure Template on the relevant program's webpage. The additional disclosure requirements entail inclusion of the GE Disclosure Template in promotional materials and direct distribution of the GE Disclosure Template to prospective students.

Promotional materials: Under 34 C.F.R. 668.412(d), all promotional materials made available by or on behalf of an institution to prospective students that identify a GE program by name or otherwise promote the GE program must include (1) the GE Disclosure Template in a prominent manner or, (2) where space or airtime...

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