930 F. Supp. 2d 210
D.D.C.2013Background
- The Association challenged three Title IV regulations: 34 C.F.R. § 668.6 (reporting/disclosures), § 668.7 (debt/income tests), and the program-approval rules under 34 C.F.R. §§ 600.10(c), 600.20(d).
- The court vacated the debt measures in § 668.7 and the program-approval rules, and also vacated the reporting requirements under § 668.6(a) because of 20 U.S.C. § 1015c, while leaving § 668.6(b)-(c) disclosures intact.
- The NSLDS would be expanded to include gainful-employment program data; the Department argued this was necessary for operation of Title IV programs and for disclosures.
- The Department moved to reinstate § 668.6(a) and portions of § 668.7, contending the data were needed to calculate median debt and repayment metrics.
- Rule 59(e) governs the motion to alter the judgment, requiring an intervening change of law, new evidence, or to prevent manifest injustice.
- The court denied the Department’s motion, holding that § 1015c bars expanding the NSLDS and thus reinstating the reporting requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 20 U.S.C. § 1015c permits expanding the NSLDS. | APSCU argues expansion violates § 1015c by creating/newly required PIIs. | Duncan argues the reference to 'successor systems' allows lawful expansion for operation of programs and disclosures. | Denied; expansion barred by § 1015c. |
| Whether reinstating § 668.6(a) is permissible to support disclosures. | APSCU contends no reinstatement without lawful basis. | Duncan maintains data necessary for disclosures and program operation. | Denied; reporting remains vacated. |
Key Cases Cited
- Firestone v. Firestone, 76 F.3d 1205 (D.C. Cir. 1996) (Rule 59(e) standards and discretion for amending judgments)
- Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (U.S. 1984) (agency deference when statute is ambiguous)
- Motor Vehicle Manufacturers Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (U.S. 1983) (reasoned decisionmaking required for agency actions)