In a decision issued earlier today, the federal court sitting in the Southern District of New York upheld the Department of Education’s gainful employment rule and dismissed the challenge brought by the NY Association of Proprietary Colleges (APC). The APC put out a statement disagreeing with the ruling and noting they “will be looking quite closely at all options.”
We are still reviewing this decision, but wish to note that there is still a pending lawsuit in the DC federal court being brought by the Association of Private Sector Colleges and Universities. Argument was held in that matter on May 20, 2015. Although the Court in DC will likely need to address the points raised by the APC court (especially if the DC court disagrees with the APC Court), the APC Court decision is not dispositive on the matter and the DC Court is free to rule as it sees fit.
MAY 28, 2015 UPDATE: Here’s Inside Higher Ed‘s report on the decision.