The debate over Gainful Employment (GE) regulations is once again heating up, and as usual, the loudest noise doesn’t come from the students who have been harmed, but from the institutions and lobbyists who fear accountability. The GE rule—originally crafted to curb abuses in the for-profit sector—evaluates whether programs leave their students with earnings high enough to reasonably repay the loans pushed onto them. It is, at its core, a consumer-protection regulation intended to protect the people higher education is supposed to serve.
A growing chorus now argues that Gainful Employment should apply to all types of schools, not just vocational programs and for-profit institutions. In principle, that argument is not wrong. Accountability should not be selective. Tuition-driven public universities, prestige-obsessed private nonprofits, elite medical centers with shadowy revenue streams, religious institutions, and wealthy flagships all participate in federal student aid programs. They all receive taxpayer money. They all should have to answer the question: Do your students earn enough to justify the debt you load onto them?
But here is where the trap lies. Expanding GE to all institutions should not become a tactic to delay, dilute, or derail Gainful Employment’s implementation. Too often, calls for “fairness” mask efforts by industry groups and establishment-aligned lobbyists to sidestep regulation altogether. The for-profit sector has used this move for more than a decade. When faced with sanctions after years of deceptive recruiting, falsified job-placement rates, and sky-high default rates, the response was always: “Why us? If GE is good policy, make everyone do it.” It is a clever pivot—not toward accountability, but away from it.
The Department of Education has long understood where the worst abuses lie. Corinthian Colleges, ITT Tech, Education Management Corporation, Career Education Corporation, and dozens more left hundreds of thousands of borrowers financially ruined. Many of these systems were sustained by federal aid despite evidence of fraud; many operated with political cover provided by well-paid lobbyists and deregulation-friendly lawmakers. GE was designed to stop the bleeding—to prevent an industry already steeped in predation from reinventing itself yet again.
Extending GE to all institutions is a worthy goal, but the immediate necessity is to enforce the rule where the risks are greatest. The fact that certain nonprofit and public institutions also produce poor outcomes does not negate the catastrophic harm of the for-profit sector. It simply means that any expansion of GE must follow, not precede, robust implementation.
Moreover, GE should be understood in the broader context of how the higher education finance system evolved. For decades, policymakers outsourced accountability to market forces—encouraging tuition hikes, aggressive lending through the FFEL program, and eventually the widespread securitization of student debt. When cracks began to show in the 1990s and 2000s, the establishment response was not structural reform but technical tinkering. GE was one of the first serious attempts to measure whether federally funded education delivered an actual public benefit. That is precisely why it has been so aggressively contested.
And the truth is, higher education’s accountability debate has always been a history of delay. Institutions insist they need “more data,” “more nuance,” “more consultation,” or “more time,” even as predatory practices continue to metastasize. Expanding GE is necessary. But using expansion as a pretext to stall action only reinforces a system where institutions externalize risk and students internalize debt.
What students and taxpayers deserve today is twofold:
First, a strong GE rule applied immediately to the programs with the highest risk of abuse.
Second, a parallel policy process—transparent, public, and insulated from institutional lobbying—to develop an expansion of GE-style metrics across all schools.
This is not an either-or choice. It is a matter of sequencing and political honesty.
If higher education leaders want GE applied to everyone, they should welcome its implementation in the sectors with the longest record of fraud. If lawmakers want accountability to be universal, they should commit to expanding the regulation—after the current version is enforced, not instead of it. And if critics want fairness, they should start by acknowledging the vast inequities that made GE necessary in the first place.
We cannot pretend that all institutions pose equal risk. But neither can we pretend that only one sector deserves scrutiny. The student debt crisis—forty years in the making—demands real enforcement today and a broader structural fix tomorrow.
Anything less is not reform. It is evasion.
Sources
U.S. Department of Education, Gainful Employment Rulemaking Documentation
Tressie McMillan Cottom, Lower Ed: The Troubling Rise of For-Profit Colleges
Ben Miller, “Asleep at the Switch: How the Department of Education Failed to Police the For-Profit College Industry,” Center for American Progress
Jordan Matsudaira, research on postsecondary accountability metrics
The Century Foundation, reports on proprietary higher education and oversight failures



