U.S. Bars Career College Group From Meeting on Pay Rule

February 8, 2011

When the U.S. Education Department holds a meeting today to gather feedback about new rules on incentive compensation, many interested parties will be there -- with one big exception. An e-mail invited higher education officials and other parties to "share [their] questions and concerns to help inform our anticipated upcoming guidance regarding the rule." Unless, that is, they happen to be from the Association of Private Sector Colleges and Universities, the main lobbying group for for-profit colleges, or from one of its members. The association has sued the department over the incentive compensation regulation and two other rules. "As you may be aware, APSCU recently filed a complaint against the Department challenging the legality of the incentive compensation rule. In accepting the invitation to meet, you are certifying that you or your parent company are not members or affiliate members of APSCU, and that you have no connection to the filing of the claims by APSCU."

A department spokesman could not be reached for comment. The president and CEO of the college group, Harris N. Miller, said via e-mail that his association has "asked for and been granted a separate meeting with ED to air our concerns about the incentive compensation regulation. We find it strange that the lawsuit has anything to do with who is or is not invited.... Such behavior is enough to make one more than a little paranoid and also wonder what happened to Obama's transparency in government."

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