Legal response by the APSCU to the Department of Education's motion to dismiss the lawsuit. The document argues for several legal points, including the need for action now, in advance of the regulations taking effect, because "the regulations are currently forcing schools to alter fundamentally their operations and incur undeniable regulatory burdens in order to bring themselves into compliance by the July 1, 2011 effective date."
The APSCU included two supporting exihibits. Exhibit 1 includes the Dear Colleague Letters published in March to clarify the regulations. Exibit 2 includes a statement from Clark D. Elwood, Executive Vice President, Chief Administrative and Legal Officer of ITT Educational Services, Inc. regarding the regulatory burden of the state authorization rule.