CECU Defends Department Decision to Review For-Profit Rules

October 17, 2017 - Arlington, Va. -  Steve Gunderson, president and CEO of Career Education Colleges and Universities, strongly criticized the action by 17 attorneys general to file a lawsuit challenging the U.S. Department of Education’s actions on Obama-era regulations impacting for-profit schools.

“The department’s decision is based on sound legal precedent and strong public policy merits,” Gunderson said. “It would be far better if the attorneys general would stop the ideological attacks on postsecondary career education and begin adult conversations about how to construct policies that are fair and equitable to all career programs in all colleges and universities.”

Immediately after the election, CECU conducted extensive research on the authority of the Trump Administration – or any new administration – to change the regulations advanced by the prior administration.  CECU research shows previous administrations have advised federal agencies and departments to “temporarily postpone the effective date of the regulations.” President Obama’s Chief of Staff, Rahm Emanuel, communicated the following, “For those rules that raise substantial questions of law or policy, agencies should notify the OMB Director and take appropriate further action.”

Gunderson went on to explain that research by the Congressional Research Service shows that absent rescinding or modifying regulations, a department may choose not to enforce such regulations.

As a new round of negotiated rulemaking begins, Gunderson called on all sides to work together to develop sound, fair public policy that serves everyone equitably. “Had the Obama Department of Education worked with us we could have developed fair, balanced regulations that protected all students engaged in career education at all colleges and universities. It is now my hope that we can all work together constructively to develop sound public policy that can merit support across the political spectrum because it is fair and balanced.”