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ASS'N OF PRIVATE COLLEGES & UNIVERSITIES v. DUNCAN

Civil Action No. 11-1314 (RC).

870 F.Supp.2d 133 (2012)

ASSOCIATION OF PRIVATE COLLEGES AND UNIVERSITIES, Plaintiff, v. Arne DUNCAN, in his official capacity as Secretary of the Department of Education, and United States Department of Education, Defendants.

United States District Court, District of Columbia.

June 30, 2012.

Attorney(s) appearing for the Case

Douglas R. Cox , Derek S. Lyons , Nikesh Jindal , Veronica S. Root , Gibson, Dunn & Crutcher, L.L.P., Washington, DC, Timothy John Hatch , Gibson, Dunn & Crutcher, Los Angeles, CA, for Plaintiff.

Marcia Berman , Gregory Peter Dworkowitz , Michelle Renee Bennett , U.S. Department of Justice, Washington, DC, for Defendants.

MEMORANDUM OPINION

RUDOLPH CONTRERAS, District Judge.

To be eligible to accept federal funds under Title IV of the Higher Education Act, some institutions of higher education must "prepare students for gainful employment in a recognized occupation." 20 U.S.C. §§ 1001(b)(1), 1002(b)(1)(A)(i), (c)(1)(A). Last year, the Department of Education (the "Department") published a rule that tests compliance with the gainful employment requirement by examining...

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