Regulatory Issues

The Federal Regulatory Committee supports APSCU in the oversight and engagement of the association and the sector on federal regulatory issues affecting private sector institutions and the students they serve. The committee also provides training and education to APSCU members to help them maintain regulatory compliance.

News and Updates

Comments on NACIQI Recommendations Due February 28th

On Monday, February 9, 2014, the Department of Education published a Federal Register notice calling for comment on the National Advisory Committee on Institutional Quality and Integrity's (NACIQI) Policy Recommendations Report.

NACIQI advises the Secretary of Education on matters related to postsecondary education accreditation and the eligibility and certification process for higher education institutions to participate in the Federal student aid programs. Its primary function is to provide recommendations to the Secretary concerning whether accrediting entities' standards are sufficiently rigorous and effective in their application to ensure that the entity is a reliable authority regarding the quality of the education or training provided by the institutions or programs it accredits.

The Report focuses on three themes:

  • Simplifying and enhancing nuance in the accreditation and recognition process;
  • Reconsidering the relationship between quality assurance processes and access to title IV funds; and
  • Reconsidering the roles and functions of NACIQI.

Within the three themes, the Report makes 17 specific policy recommendations including developing common definitions; identifying core elements and areas of the recognition review process; granting accreditors greater authority to develop standards tailored to institutional mission; making accreditation reports about institutions publicly available; allowing for alternative accrediting organizations; establishing less burdensome access to title IV funding for high-quality, low-risk institutions; and establishing a range of accreditation statuses that provides differential access to title IV funds. 

Written comments on the Policy Recommendations Report are due by February 28, 2015. The Federal Register notice includes detailed instructions for submitting comments.

APSCU will be submitting comments on behalf of the membership. Please send any suggestions or comments you may have to Tammy Halligan by Friday, February 20, 2015.

APSCU files Motion for Summary Judgment

On February 6, 2015, APSCU filed its Motion for Summary Judgment in our lawsuit challenging the U.S. Department of Education's gainful employment regulation.

APSCU issued a press release detailing key arguments in the motion.

Additionally, the U.S. Chamber of Commerce filed a Motion for Leave to file a Brief of Amicus Curiae in the case.

For your ongoing reference, here is the current schedule of deadlines in our litigation against the Department:

  • On or before February 6, APSCU files motion for summary judgment
  • On or before March 6, the Department files its combined opposition to the motion and cross-motion for summary judgment
  • On or before March 27, APSCU files its combined reply in support of its motion and opposition to the Department's cross-motion
  • On or before April 17, the Department shall file its reply in support of its cross-motion
  • On or before April 24, APSCU shall file a joint appendix containing those portions of the administrative record relied upon by the parties
  • On May 20, a motions hearing is schedule

The Association of Proprietary Colleges, also suing the Department of Education over the gainful employment regulation, recently filed a Motion for Summary Judgment in their case.

Department Announces Negotiators for PAYE Negotiated Rulemaking

The Department of Education has announced the negotiators they have selected to participate in the Pay-As-You-Earn (PAYE) negotiated rulemaking (negreg). Private Sector Colleges and Universities will be represented on the negreg panel by chief negotiator Melvina Johnson of Laureate Education, Inc. and alternate negotiator Robert Mills of Ohio Centers for Broadcasting, Miami and Colorado Media Schools. 

APSCU Files Comments on Proposed Teacher Preparation Regulation

On February 2, 2015, APSCU filed comments on the Department of Education's proposed new regulations to address teacher preparation issues that were published in the Federal Register on December 3, 2014. 

APSCU expressed concerns about the impact the proposed regulation could have on institutions that offer teacher education programs, particularly those being offered via distance education. APSCU also believes that the proposed regulations set a dangerous precedent for the awarding of federal financial aid. Additionally, APSCU feels the proposed regulation contradicts the legislation it is intended to support and is a dangerous overreach of federal authority into what is, by law, a matter of state oversight.




800k graduates

PSCUs open doors to many of the 9.1 million unemployed and 90 million undereducated Americans by providing a skills-based education. To remain competitive over the next decade, we must identify between 8 and 23 million new workers with postsecondary skills.PSCUs are a necessary part of that solution, having produced over 800,000 degrees last year alone.