Sec. 4. Certification requirements for gainful employment programs
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Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended— in subsection (a), by adding at the end the following: The institution will— provide to the Secretary not later than the first December 31 following the date of enactment of the Protecting Students from Worthless Degrees Act (or, for any institution that does not have an active program participation agreement as of such date, the first December 31 after the institution enters into the agreement), in accordance with procedures established by the Secretary, a certification signed by the most senior executive officer of the institution that the institution and each of the eligible gainful employment programs included on the eligibility and certification approval report of the institution meets the requirements of subsection (k); include with its certification an explanation of how each eligible gainful employment program is not substantially similar to any ineligible or discontinued program described in subsection (k)(2)(D); and update the certification within 10 days if there are any changes in the approvals for an eligible gainful employment program, or other changes for an eligible gainful employment program that make the existing certification no longer accurate. ; and by adding at the end the following:
The term gainful employment program means a program of training that— in order to qualify for assistance under this title, is required under subsection (b)(1)(A)(i) or (c)(1)(A) of section 102, or section 101(b)(1), to satisfy gainful employment requirements; and is offered by an institution eligible to receive assistance under this title. Each eligible gainful employment program included on the eligibility and certification approval report of an institution of higher education shall comply with each of the following:
The gainful employment program is approved by a recognized accrediting agency or is otherwise included in the institution's accreditation by its recognized accrediting agency, or, if the institution is a public postsecondary vocational institution, the program is approved by a recognized State agency for the approval of public postsecondary vocational education in lieu of accreditation. The gainful employment program is programmatically accredited, if such accreditation is required by— a Federal governmental entity; a governmental entity in the State in which the institution is located; or a governmental entity in a State in which the institution is not physically located, if the institution— offers postsecondary education through distance education or correspondence courses to students located in that State; or is otherwise subject to that State’s jurisdiction, as determined by that State.
The gainful employment program satisfies the applicable educational prerequisites for professional licensure or certification requirements in the State in which the institution is located or a State described in subparagraph (B)(iii), so that a student who completes the program and seeks employment in any such State qualifies to take any licensure or certification examination that is needed for the student to practice or find employment in an occupation that the program prepares students to enter.
The gainful employment program is not substantially similar to a program offered by the institution that, in any of the 3 years prior to the date of the eligibility and certification approval report, became ineligible for funding under this title due to the debt to earning rates measure, or any subsequent outcome measure, or was failing, in the zone, or otherwise close to failing with respect to, the debt to earning rates measure, or any subsequent outcome measure, and was voluntarily discontinued by the institution.
Before an institution offering a gainful employment program enrolls any student who intends to reside, practice, or seek employment in a State for which the program does not satisfy the applicable educational prerequisites for professional licensure or certification requirements needed for that occupation in that State, the institution shall— notify the student that the gainful employment program does not satisfy the prerequisites; and obtain from the student a handwritten statement, in the student's own words and signed by the student, acknowledging that the student wishes to enroll in the gainful employment program despite knowing that the gainful employment program does not meet the licensure or certification requirements for the occupation in the State in which the student intends to reside, practice, or seek employment.
The institution shall not seek to reestablish the eligibility of a gainful employment program that is ineligible for funding under this subsection until not less than 3 years following the date specified in the notice of determination informing the institution of the program’s ineligibility. .
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Sec. 4
Certification requirements for gainful employment programs
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