For Third Time, APSCU Fails to Get Courts to Strike Down Incentive Compensation Rule

Career College Central Summary:

The Association for Private Sector Colleges and Universities (APSCU) has now failed three times to convince federal judges to strike down a U.S. Department of Education regulation that has forced for-profit colleges to overhaul their recruiting policies.
But that is not stopping the for-profit college lobbying group from continuing to call on the Education Department to stop enforcing the rule.
At issue is a regulation that eliminated the “safe harbors” that Bush administration officials put in place in 2002 to help for-profit schools skirt a long-standing federal law that prohibits colleges from compensating recruiters based on their success in enrolling students.
The Obama administration published the final rule in October 2010.
Ever since, APSCU has been on a crusade to gut the incentive compensation regulation.
In its original challenge to the rule in 2011, APSCU portrayed its members as innocent victims of an administration on a crusade against their institutions for no apparent reason.
“The final regulations are not the product of a reason decision-making process,” the career college group wrote in its initial complaint.
“Their adoption dramatically affects private sector schools and their students, yet they are unsupported by factual evidence or logical reasoning.”

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