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Gainful Employment Final Rule. New Programs Module 3. Agenda. Final Rule published in the Federal Register on October 29, 2010 Gainful Employment—New Programs Final regulations are effective July 1, 2011 Resources. New programs. New Program.

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Gainful employment final rule

Gainful EmploymentFinal Rule

New Programs

Module 3


  • Final Rule published in the Federal Register on October 29, 2010

    • Gainful Employment—New Programs

    • Final regulations are effective July 1, 2011

  • Resources

New program
New Program

  • A school is required to notify ED if it intends to offer a new program that prepares students for gainful employment

§ 600.10 (c)(1)

New program1
New Program

  • A new or additional program includes:

    • A program with a CIP code that is different from the CIP code for any other program

    • A program with the same CIP code as another program, but that leads to a different degree or certificate

    • A program that the school’s accrediting agency determines to be an additional program

§ 600.10 (c)(2)

Notice format
Notice Format

  • At minimum, the notice to ED must include:

    • How the school determined need for the program

    • How the program was designed to meet local market needs, or for an online program, regional or national market needs

    • How the program was reviewed or approved by, or developed in conjunction with, relevant entities

    • Documentation that program is accredited

    • Date of the new program’s first day of class

§ 600.20 (d)(2)

Notice and application
Notice and Application

  • If school submits notification at least 90 days before the first day of class

    • School may generally proceed to offer the program described in its notice

    • If ED needs additional information regarding the new program, school will be notified at least 30 days before the first day of class

  • If school does not submit timely notification, it must obtain ED approval for the new program

§ 600.10 (c)(1); (d)(1)

Notice and application1
Notice and Application

  • ED approval must be obtained if the school:

    • Is provisionally certified

    • Has been notified previously by ED that approval must be obtained for a new program

Review process
Review Process

  • ED’s review of school’s application will consider:

    • School’s financial responsibility and administrative capability

    • Whether program replaces or expands current program offerings

    • How the program “fits” with the school’s historical offerings, growth, and operations

    • Whether the school’s process and determination used to develop the new program is sufficient

§ 600.20(d)(1)


  • Final Rule published in the Federal Register on October 29, 2010

  • ED’s Gainful Employment Information page

  • To submit questions to ED, email:


  • NCHELP resources

    • GE Final Rule side-by-side analysis

    • Integrated regulations that include the Program Integrity and GE Final Rules

    • GE training modules