Federal Judge Hears Case About Potential Delay in BDR Rule

CECU – Career Education Colleges and Universities 

May 31, 2023

This update pertains to the ongoing litigation over the Biden administration’s final BDR rule. For more information about this rule, CECU members can access case-related information and media coverage here.

Today in a Western District of Texas courtroom, Judge Robert Pitman heard from attorneys representing the Career Colleges & Schools of Texas (CCST) and the U.S. Department of Justice (DOJ) about CCST’s motion for a preliminary injunction, which seeks to delay the July 1, 2023, effective date of the new regulations pertaining to Borrower Defense to Repayment (BDR) and other issues. CECU has been a leader in the sector’s response to this unfair rule and has been helping to organize the funding to support the case. Although it was not recorded or livestreamed, CECU’s CEO and President, Dr. Jason Altmire, attended today’s hearing in Austin and offers the below “play-by-play” report for CECU members.

Opening Discussion and Witness Approval
Judge Pitman opened the hearing by offering a ruling in favor of CCST. Prior to today, the DOJ had offered a motion asking the Court to deny CCST’s attempt to have Diane Auer Jones testify as an expert witness on behalf of CCST. Judge Pitman overruled that objection and allowed Jones to testify.

CCST brought forward two witnesses:

• Mark Dreyfus, President of ECPI University; and

• Diane Auer Jones, expert witness with 30 years of experience in higher education, including two different stints as a senior administrator in the U.S. Department of Education (Department).

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