As reported in earlier alerts, on June 30, 2012, the United States District Court for the District of Columbia vacated the Department of Education's "gainful employment" regulations, finding that they were "arbitrary" under the Administrative Procedure Act.*[1] Among other things, these regulations would have tied schools' eligibility to participate in Title IV programs to certain, previously unseen measures of students' post-graduation debt and income and their federal loan repayment activity.

On March 19, 2013, the same court denied the Department's motion to revitalize those regulations by requiring schools to disclose their performance on the debt related metrics. Ass'n of Private Sector Colls. & Univers., No. 1:11-cv-01314-RC, ECF No. 35, at 1, 18-19 (D.D.C. Mar. 19, 2013). The court held that the Higher Education Act, specifically 20 U.S.C. § 1015c, prohibits the Department from collecting the type of data needed to calculate schools' performance under the metrics. Id.