APSCU file a lawsuit against the United States Department of Education regarding its gainful employment regulations

Posted By: Admin | Posted In: For Profit Education Industry | Trending News |
July 20, 2011

    We like & support the actions & efforts of APSCU   Dear APSCU Members: Today your Board of Directors has authorized the Association to file a lawsuit against the United States Department of Education regarding its gainful employment regulations. Although this lawsuit is fairly complex, the basic contention is that the Department of Education has over-reached its authority on the gainful employment rules, which was not authorized by the Congress of the United States. This lawsuit represents a significant investment of time and money by the Association in order to protect our students and institutions of our membership, but we think that there are critical issues involved which, if left unaddressed, will prove extremely harmful in both the near and long term. We will keep you informed of the progress of this action. In addition, last Friday the Association appealed the ruling of the district court judge on our prior lawsuit that sought remedies to the recently promulgated state authorization, misrepresentation and incentive compensation regulations. We won a significant victory with the judge’s overturning of the requirements of online institutions to obtain recognition and licensure in all 50 states. However, the Board, after careful consideration, believes that an appeal of the judge’s ruling against us in these other areas is important to the members of our Association. These two legal actions, coupled with our highly active legislative agenda, demonstrate the commitment of the Board to protect our students and institutions from the unfair attacks of self-proclaimed consumer advocate groups, short sellers, trial lawyers, the Department of Education and certain senators. It is important to recognize that this is a long-term battle, a situation in which we need “all hands on deck,” and we need your continued participation and involvement to be successful. Last week the staff sent out an assessment notice that had been approved by the entire membership at our Annual Business Meeting held in Dallas in June. We are aware of the burden that these additional legal expenditures will place on our institutions. However, we feel absolutely committed in the rightness of our struggle against our critics and detractors and the important difference staying the course will mean to our students. We are making progress, we are getting the word out, we are effectively challenging each and every negative press story, and we will continue to protect our students’ rights to access the higher education institution of their choice. Respectfully yours, Arthur Keiser, Ph.D. Chairman, APSCU Board of Directors  ]]>