Court Deals Second Blow to Federal State Authorization Regulation
From Russ Poulin, WCET
This afternoon (June 5, 2012), the U.S. Court of Appeals agreed with a lower court ruling to ‘vacate’ the distance education portion (§600.9c) of the U.S. Department of Education’s ‘state authorization’ regulation. In last summer’s ruling on a lawsuit challenging the regulation, the U.S. District Court ruled to vacate the distance education portion, but purely on procedural grounds.
When proposing a regulation, the Department of Education is supposed to follow a Notice of Proposed Rulemaking process, which allows the public to comment on suggested rules. The District Court found that “the State authorization regulations, as this subsection, or any variation thereof, was not included in the notice of proposed rulemaking.”
An initial analysis on today’s ruling by Michael Goldstein from Dow Lohnes, the Washington, D.C. law firm, is included in this information.