Please note that individual comments are incredibly important, as opposed to just "cut and paste" comments. The deadline for comments is September 9, 2010. As part of the regulatory process, the Department must read and be prepared to respond to all comments it receives, both those from supporters and from opponents of the proposed rule.

The number of comments that have been submitted to date by those opposed to the Gainful Employment proposal is disappointing (though the quality is high, based on a quick review of a random sample). We are able to track the number of responses because all are posted on the Department's website. The GE proposal, if it becomes final, will limit higher education access for hundreds of thousands of students without necessarily eliminating any programs of questionable value.  We have to have our voices heard about why this proposal, however well intended, makes no sense for our country's future.

Since I sent the August 5 email to you, we have learned that opponents of private sector colleges and universities have initiated an aggressive effort to secure at least 25,000 comments supportive of the Administration's proposal, utilizing in part the Obama campaign fundraising email list.   See immediately below a sample of such a message encouraging opponents to file comments.  As you will see, our critics, rather than making substantive and specific comments on the proposed rule, have engaged in a broad condemnation of our institutions and, by inference, our employees, our students, and our graduates. 

As you can see, it is imperative that as many comments as possible opposed to the GE metric be submitted by September 9, 2010.  If you have any questions, please contact Katherine Brodie (katherineb@career.org, 202 336 6810). If you need more information, CCA webinars explaining the GE metric are posted on our website, www.career.org.

Thanks for your taking the time to consider this request.  Make sure your voice is heard.

Harris

Sample opponent email:

"Tell the Obama administration we need more protection from for-profit education rip-offs! We need to stop unscrupulous for-profit colleges and trade schools from ripping off their students and the federal government.  Up to 90% of the revenue of some of these businesses comes from federal student grants and loans. These companies reap billions of dollars in profits from taxpayers by offering substandard training and saddling students with debt they can't repay.  Many of these for-profit schools target the poor--sometimes even the homeless--with predatory, deceptive and outright fraudulent practices. They rope in students for overpriced programs, then leave them deep in debt they can't pay back.

The U.S. Department of Education has proposed new rules to protect students and taxpayers from career education programs that over-charge and under-deliver, but the rules need to be stronger. USA Today praised the Obama Administration for flagging the problem, but called the proposal "feeble" and "too accommodating."

Tell the Obama Administration that the proposed "gainful employment" rules are a welcome start, but they don't go far enough.  Federal law requires career education programs that receive federal student aid to "prepare students for gainful employment in a recognized occupation." By defining "gainful employment" for the first time, the proposed rules make it possible to enforce this important law.

The for-profit college industry and its highly paid lobbyists are fighting hard to weaken the proposed rules, so exploitative businesses can keep profiting off federal student aid. That's why the Obama administration needs to hear from you today.  Take action and we'll send your comment to the Department of Education, which is accepting public input through September 9. We'll also share your views on the proposed rules with your members of Congress so they know you support strong "gainful employment" regulations."

From: Harris Miller
Sent: Thursday, August 05, 2010 5:57 PM
To: Various
Subject: ACTION ALERT - Gainful Employment

Dear CCA Member,

I don't have to tell you that our schools and programs are under attack.  The endless barrage of slanted media coverage, unbalanced Congressional inquiries, underhanded and unethical efforts by short-sellers and trial lawyers to sabotage our schools, and looming federal regulations, which have the grave potential to eliminate hundreds of programs and limit access to tens of thousands of students, have put the future of our sector at risk.

On July 26, 2010, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which we believe goes above and beyond the Department's statutory authority to define whether or not certain postsecondary educational programs would lead to "gainful employment" in a recognized field.  This proposed rule endangers students, programs and schools.

Now is the time to take action!  Through CCA's new "Preserving Educational Choice" Web site, I urge you to let the Department know that you emphatically reject this proposal, which will effectively stunt a vital sector of postsecondary education at a time when our country desperately needs more skilled workers.  Every school, student, graduate, instructor, employer, institutional employee, and private sector education advocate must let the Department know through the regulatory comment process that this proposed rule threatens to destroy opportunity, access and choice.  The deadline for submitting comments is September 9, 2010.

The Preserving Educational Choice site has all the resources necessary to help you meet this call to action now, including: 

·         Talking points about the gainful employment issue;

·         A link to CCA's detailed summary of the proposal;

·         Sample comment letters for you to use in crafting your own response to the Department. Please use these drafts merely as a guide for the type of information that should be included in your letter. Tailored, unique comments that tell your own story, instead of form responses, will have the most impact; and

·        Sample messages to your students and graduates, staff, and employers explaining why this issue is so important to them and how they can submit comments.

In only a few minutes, you can submit your comments by following these steps:

1.    Click on the following link: www.bipac.net/cca.

2.    After logging on,click on the "Take Action" link on the left-hand side of the page and choose the action alert that best applies to you (i.e. student, graduate, institutional employee, and employer).

3.    You will be directed to a page with a link to talking points on the "gainful employment"  issue and a link to a more detailed summary of the regulation, as well as a form where you enter your address and contact information.

4.    After clicking "continue," you will be routed to a page where you can view a sample comment letter, which you can customize and personalize before sending.

5.    When you are done writing, simply click the "Print/Send" button, and your comments will be sent directly to the Department of Education.

Comments may also be submitted via the Federal eRulemaking portal by following these steps:

1.      Click on the following link: www.regulations.gov.

2.      In the text box labeled "Enter Keyword or ID," enter the following docket number: ED-2010-OPE-0012.

3.      You will then be routed to a page where you will be required to fill out a submission form with your name and other information, and then you may either enter your comments into a text box or upload them as a Word or PDF document.

4.      After completing the process and clicking the "submit" button, you will be given an electronic receipt verifying your comments have been successfully submitted.

Again, I implore you to weigh in during this most critical time, and ensure your students, staff, and employer partners are provided access to this valuable tool for letting their collective voices be heard. 

If you need more information about this issue, CCA will host the first of several webinars on the gainful employment metric on Monday, August 9 (2:00 pm ET) for our membership. If you have any other questions, please do not hesitate to contact Tammy Halligan, Director of Regulatory Affairs with CCA at 202-336-6839 or Tammyh@career.org.

Harris