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Lanny Davis

Lanny Davis

Posted: September 23, 2010 03:45 PM

The Liberal Paradox

Suppose that a conservative Republican Administration, in the middle of high unemployment and an economic slowdown, proposed new regulations that would most hurt lower income people and minority groups and the for-profit colleges and universities that serve them? Can you imagine the cries of outrage from liberal critics, condemning "hard-hearted" Republicans targeting the most vulnerable young people in our society?

Yet that is exactly what the Department of Education's proposed "gainful employment" regulations would likely do. They are almost exclusively aimed at "for profit" private colleges, which are predominantly comprised of lower income and minority students. Let's be careful about characterizing, as some liberals have done, those schools catering to such vulnerable at-risk students with "open admission" policies as "bad actors" whereas the more selective elitist Harvards and Stanfords with less student loan defaults are deemed "good actors."

This has the uncomfortable look and feel of disparate class and racial treatment - which should make liberals very uncomfortable.

So how to explain the paradox that, in fact, these proposed regulations are being proposed by a progressive Democratic Administration and its strongest proponents are liberal members of congress?

There appear to be three explanations - each one less meritorious than the other.

The first is a simple misunderstanding of the facts. For example, liberals supporting these proposed regulations rightly complain about marketing and other abuses. But the fact is, such abuses occur at non-profits and public institutions as well as at for-profits and, in any event, the gainful employment regulation doesn't even address the issue of these abuses (although liberal commentators and editorial writers continue to conflate the two issues).

Moreover, those liberals who cite the excess "cost" of student loan defaults among the lower income and minority students ignore two inconvenient, indisputable facts: first, billions of dollars of taxpayer subsidies that go to non-profits and public colleges are not available to for-profits; and for-profits cost taxpayers substantially less per-student each year than non-profits and public colleges, when the approximately $1 billion of taxes/year paid by for-profits are taken into account.

Second, this is a classic example of overly broad regulations confirming the law of unintended consequences.

How overly broad? According to the Department of Education's own data released last month, its proposed "gainful employment" regulations are so poorly crafted that if applied to non-profits too (which they currently are not), Harvard Medical School, D.C.'s famous minority school, Howard University, and 93 of 100 Historic Black Colleges in the U.S. would all fail the so called loan repayment test. But, supporters of the regulation say, failing just one-of-two tests won't result in loss of student federal loan eligibility. However, just recently, Iowa Democratic Senator Tom Harkin, one of the strongest proponents of this proposed regulation, suggested that failure of the loan repayment test alone should be enough to bar student loans to those who need them the most.

This is why numerous members of the Congressional Black Caucus have strongly weighed in against these proposed regulations and more and more representatives from minority and blue collar communities are waking up and opposing the proposed regulation.

The third explanation appears a classic example of ideology trumping facts: the instinctive negative reaction of many liberals to the word "profit" when associated with providing education. This seems uncomfortably similar to opposition by most liberals to private "charter" schools within urban public school districts, opposition that seemed increasingly paradoxical as more and more inner city parents supported having the choice of charter schools for their children.

The fact is, it is precisely the profit motive that causes for-profits to offer more flexible, consumer-responsive schedules and courses, such as night classes, online courses, and new curricula that are directly responsive to recent changes in the job market.

Clearly Secretary Duncan needs to put an amber light on the "Gainful Employment Regulation" as it is presently written. As Harry C. Alford, President and CEO of the National Black Chamber of Commerce wrote recently, "student debt is a national problem, one that must be addressed, but imposing regulations on schools that are effectively educating students is unnecessary."

If any regulation is necessary, then Mr. Duncan owes it to the most vulnerable students who will be disproportionately hurt by the current version to use a scalpel, not a hatchet, and to address the issue of excessive student debt at all higher education institutions - not just at for-profits, but at non-profits and public universities as well.

# # # # #

Lanny J. Davis, a Washington D.C. attorney and former Special Counsel to President Bill Clinton in 1996-98, serves as a paid "Special Advisor" to the Coalition for Educational Success, a group composed of several companies that own and operate for-profit higher educational colleges in the U.S.

 
 
 
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01:54 AM on 11/17/2010
Historically education was reserved for clergy and the wealthy, nice to know that history is about to repeat itself. Every society needs a labor class. Not all of us are cut out for academia.
12:01 PM on 10/06/2010
There are some scam school mills, yes, but this silly, overbroad, regulation does nothing to curb its practices. One could spend less money on a 60-Minutes expose and get better awareness. Places with no customers go out of business or reduce in scope.
Critics of the "for profit" schools cite an appalling 60% dropout rate. Guess what? Nationwide 4-year graduation rate is on ly 40% or so anyway. How is that a problem?
People who are low income who go to school to better themselves sometimes don't succeed in getting a dream job or have other considerations that make them inattentive to or unable to pay their student loans. So do upper income people.

This is not needed legislation. Better to have a criminal or civil fraud investigation if there are abuses of promise vs. delivery.
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Mike HeXt
Common sense: a free service I offer
01:17 AM on 10/12/2010
Marketing on these schools is too much and nowadays the kids aren't watching the news and their parents have no bearing on their choices.
11:16 AM on 10/02/2010
These "businesses" make all their money by sucking off the taxpayers' teat. They don't give good value for the tax money they use for their profits. The whole things is a scam.

I'm a bankruptcy attorney. I can't tell you how many victims of for-profit schools call my office every year and ask if they can get out from under the $75,000, $100,000, even $150,000 in debt they amassed for some dinky degree in cooking or photography that equips them to make $25,000 a year in some crappy job. My law school education didn't cost that much. It's criminal.
12:03 PM on 10/06/2010
I agree and they should be investigated criminally for fraud. Why make people who are trying to become auto mechanics or nanotechnicians suffer?
06:31 AM on 10/01/2010
The largest of these companies - EDMC - is in Pittsburgh, and that's no accident. After the steel bust in the late 1980s all those kids, my friends, my relatives, that had dreams of growing up and getting jobs in the mills suddenly had to re-think their plans. A lot of them ended up at these schools, paying $10,000 for something that a community college would have served them better for $500. Classes entailed learning how to dress for work. They were promised high-paying, highly-technical jobs by these institutions. You see the promises on their television ads. Community colleges don't make those promises. They don't lure people in with unreasonable expectations.

After graduating, my friends and relatives ended up with years of minimum wage jobs and most never repaid their student loans - they couldn't afford it. But the institutions still got the money. You can see the TV commercials. It's obvious. Saying these institutions are good for their students is like saying $50 late fees help credit card holders. It's just stupid. And seeing Republicans defend them, as if they're good, is making me think that they're the Party of Stupid, and reminds me of all the promises they made during the Contract with America for reducing spending that they didn't uphold. Like eliminating this wasteful spending of federal education dollars. And I was actually considering voting for a few this go-round...
12:05 PM on 10/06/2010
Why would you think Republicans generally would support the schools you describe in paragraph 1? I think it's reprehensible. But this legislation does not address your scenario, and hurts legitimate schools with normal turnover and graduation rates. Why conflate them and blame Republicans?

Enzo just doesn't want the baby thrown out with the bathwater. Isn't there another way to punish the scheisters?
12:56 AM on 10/01/2010
What's good for the for-profit goose, should be good for the non-profit gander. If for-profit schools should have to prove gainful employment of their students, then ALL schools need to do so! A non-profit can school can be just as big a ripoff as a for-profit school. Trust me. I wasted 2 years and tens of thousands of dollars at a prestigious private university in a Ph.D. program. After awhile, it became clear that I was not one of "the chosen," but no one bothered to tell me, "look, you just don't have what it takes." Instead they kept telling me to take a few more courses and maybe I'll get that fellowship next semester, oh, oops, we gave them all away to the new people. Sorry! Needless to say, I never quite got the "gainful employment" I had worked so hard for and gone so deeply into debt for!
At least I am using my Master's degree to teach for University of Phoenix to help me pay off this massive student loan debt. If I lose my job because of this, then my debt should be forgiven since the closest thing I had to gainful employment was taken away by GovCo.
09:24 PM on 09/29/2010
Oh, these brave congressional calls for regulation of the for-profit higher education sector, by some mechanism that would fine or otherwise punish for-profits whose students fail to find employment after graduation....well, it's hard for me to think anything other than that Davis is a lobbyist for the for-profits, who want to rake in federally guaranteed tuition money, but this sort of thing is really a side show: A legislated demand on for-profits that they do what is already being demanded, increasingly, from an ever-more-enfeebled faculty, in the public and private sphere, in dozens of largely non-legislated but simply “managed” ways, by “non-for-profit” managers? A good, but tiny, battle to win, I think. The entire higher education domain, not just the for-profits, is being corporatized and hopes for legitimation through crack-pot "education equals prosperity" reptile oil: ask about that equation, ask any of the adjunct and contingent faculty who are teaching most of the nation's undergraduate classes—education doesn't equal prosperity for them. The real problem with higher education, for-profit and non-profit, private and public, is the thirty year campaign by business-model managers to deprofessional the faculty. Don;t get sidelined by such obvious rapacity—the frankly leave-us-alone-while-we-fleece-the-poor (after all, payday loans are still perfectly legal...)—while losing sight of the only slightly less ugly corporatization that's happening at every campus.
10:36 PM on 09/24/2010
Who is paying you Lanny?

Lanny Davis is a lobbyist masquerading as a pundit. We all know he is being paid hefty sums by the for-profit education companies in an attempt to derail the Gainful Employment rule, and I’d like to know just how much he is being paid.

The Department of Education is not targeting minority and lower income Americans, it is attempting to protect them and the American taxpayer from the for-profit institutions that have long been targeting them with prior assistance from Sally Stroup and Bush’s Department of Education.

Public and non-profit institutions do not spend millions per year on lead generation companies such as Vinyl Interactive and EducationDynamics who run sites such as jumpstartscholarship.com and freecollegescholarships.net. These two companies even went to court to battle out the question of who had first come up with the idea to lure students into for-profit schools be advertising “free scholarships”.

The for-profit education companies are throwing major money around and sadly comes from taxpayers and should be spent on educating students. Nearly all opposition to the rule has been purchased with campaign contributions and other direct and indirect funding from for-profit institutions. Their hired hand Lanny Davis seems to be leading the public campaign while DCI Group and others work hard behind the scenes.
10:23 PM on 09/26/2010
Right! profit making entities are bad.Everyone knows this.Any profit should be given to NP so people on Huff PO can get a job.
I'm going to be serious here.I'm more worried about kids who go toa NP and stay 4-5 years and leave withno job skills.I one asked my fathe how my cousin(Eve who will never read this could take such absolute crap courses.His reply;
"Your cousin has a very good trust fund.You, however,will have to work for a living."
I saee a lot of twenty somethings asking about employment-who have a degree ,but no trust. They do have debts that are non dischargeable though.
I think Mr Davis is being accurate and more tha n a lttle brave e here.And as far as being paid for his services,I generally like getting paid when I remove a skin tumor.is that bad?
12:08 PM on 10/06/2010
We wouldn't buy every health supplement on the market with a crazy claim and it's clear to most who are going into higher ed, let me repeat, smart enough to do higher ed, that charlatan organizations and their fronts exist.
What does that have to do with good technical and vocational schools? Why lump them all together?
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Skeptical Patriot
09:11 PM on 09/24/2010
Lanny, you have it 110% correct. This is typical gov't regulation. Were the proposed regulations applied to not-for-profits, would put Harvard Medical School and ALL Historically Black Colleges and Universities literally out of business. The idea that regulation is only aimed at for-profits vs all universities discloses the kind of bias that exists in this administration. Can you imagine legislation that is only aimed at minority colleges? If the Tom Harkin and this administration wants to regulate then regulate fairly ALL colleges and universities.
01:12 AM on 09/25/2010
The difference is these schools aren't regulated because their goal isn't to earn a profit, its to distribute an education. Whats the need for regulation if there is no BUSINESS to regulate?
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Skeptical Patriot
07:49 AM on 09/25/2010
There are 4,000 not for profit post-secondary schools. They have increased tuitions at 2x the rate of inflation for 30 years and have a 50% graduation rate, hardly the characteristics of "good actors". College Presidents make between $250K-$1.1M in salary not counting housing, transportation etc or worse at least 55 college football coaches made >$1M/year. Take a look at the occasional schools scandal that is not buried (American University) Not-for-profits can hide behind their tax status to conduct their business without outside scrutiny as their boards are self-perpetuating. If you looked at the graduation stats, job stats, and value of 75% of these schools, you would be horrified. This is not about Harvard or Williams, it's about the 1000's of schools that skate by taking tuitions, doing a poor job and having no oversight. It's pretty easy. IF you want to regulate, then regulate them all.
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Miles Grant
Progressive activist, climate hawk
05:03 PM on 09/24/2010
The National Black Chamber of Commerce? That's your expert source? I'm surprised they're willing to comment on anything not directly related to ExxonMobil:
http://www.exxonsecrets.org/html/orgfactsheet.php?id=113
11:55 AM on 09/25/2010
Did the Congressional Black Caucus sign a letter in exchange for a donation to their Nepotism Scholarship Fund?

http://www.nlpc.org/stories/2010/09/10/new-documents-implicate-two-house-members-scholarship-scandal
04:41 PM on 09/24/2010
Gainful employment regulation build barriers and makes it harder for minority students to get higher education degrees. We should be creating opportunities for Hispanic students and other minorities. 18% of all Hispanics who receive an associate degree earned it at a career college. This regulation will deny access to financial aid for those who must borrow the needed tuition to attend college, and will prevent Hispanic students from gaining the career-focused curriculum and high level of student services to help them succeed. Member of Congress should listen to Mr. Davis’ argument on this regulation. The disproportionate focus on for-profit institutions included in the regulation should be removed because it will harm programs that help Hispanic students achieve their higher education goals.
01:10 AM on 09/25/2010
How? How does it make it harder for minorities? Explain it to me.....

Gainful employment means that if a certain percentage of a school's graduates aren't employed by a certain time, then that school is failing to show it's benefit of it's business (or school). How does that make it harder for minorities to get loans? If anything it makes sure that business (or "school") is selling a good product. 2nd that's capitalism, man. If a product isn't good, we don't buy it. We don't let the seller dress it up, put a new coat of paint on it and say its a good thing. No we make sure it's right before we buy it. And since the government is fronting the money for us (loans, grants, and even bailing out the banks that give out private loans) anyway, they have a right to make sure they get paid back their money too. Wouldn't you do the same thing? (besides, the taxpayers are really fronting the bill, the government is making sure we're getting what we pay for...get it yet?)

Anyway, U of P graduates only 15% of its students and has a 44% retention rate from the last time I checked, we need to make sure their selling a good "education" since they can't even keep their students in class...
10:01 AM on 09/24/2010
I am an AI student and Mike HeXt's comments are a lie. I went to other schools including community college before choosing AI -- they did not "fool" me into attending. I was told up front that it would not be easy to transfer credits from AI, but my other school's credits didn't always transfer either. I like the small classes and the flexible schedule and the hands-on projects. Why can't I use my financial aid to go to the school I want? Should all colleges be restricted from offering art degrees because you don't think they are worth the money? Sorry it didn't work for you but that's not the school's fault.
12:58 AM on 09/25/2010
what are you arguing? People think that regulation will hurt the students somehow. The regulation is to make sure these schools don't abuse the opportunity they have to serve the community a decent education. Now what if the Diploma isn't accredited? Or you can't find a job because the "experience training" provided to you was not up to the national standard? The argument is for-profit colleges have the opportunity to be dishonest when dealing with customers. The for-profit model is a good idea, but without rules people can be dishonest. The regulation is for our benefit, not to hurt us.
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Mike HeXt
Common sense: a free service I offer
07:50 AM on 09/24/2010
For the record, this article has it all wrong.

Gainful Employment would NOT hurt the students. It would hurt the schools. The students will STILL get the same grants and loans. The schools will be blocked from taking them for programs that yield HIGH DEBT and no results.

Trust me, I am a victim of 2 of these schools. 79k in debt is not a future. It's being worse off than where you would have been anyway.

These schools are churning and burning students. They need to be weened off the government breast.

If these schools truly are offering a better future, then they will thrive without the government money.

Right now they're acting like section 8 landlord slum lords.

50k-150k for an art/cooking degree?

It just doesn't work.

With Gainful Employment, the students will be free to take their grants and loans to another institution. If their credits do not transfer, then that is yet another reason that school should not be operating in the first place and the student would have grounds to sue the school.

The Art Institutes is a major offender of this. They are actively abusing both the deceptive recruitment tactics found at the 15 for-profit colleges that the GAO caught.

They put programs out and change them at will for whatever is 'hot' at that moment. Students fall for it and get screwed because there is minimal jobs that pay that high nor consumer bankruptcy protections. Without this, students lose.
12:14 PM on 10/06/2010
Um, two of these schools? Really, should we regulate high schools and put them out of business if their graduates can't find work? Hmmmm....
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Mike HeXt
Common sense: a free service I offer
01:14 AM on 10/12/2010
These schools are blatantly advertising that they will help you find success. They are putting it on TV, radio, the web, and more. It's their word.

Just look at the Art Institutes... still trying to convince people they will find them a job in the creative world when the skills they teach are sub par at best.

Shut down these fraud institutes. If there are ones out there that are doing good, they'll still prosper. But the marketing right now on these schools is too much to rely on consumers learning YEARS AFTER.
04:29 PM on 09/23/2010
For profit colleges do not assist the most vulnerable members of society, they prey upon them. For profits make their money by signing up desperate individuals for college programs that they could never possibly afford. They charge outrageous amounts of tuition, that are often higher than those of exclusive private schools. However, study at these schools rarely leads to students improving their credentials. This is particularly true when the for profit school is not regionally accredited and the degree is deemed worthless by potential employers. Of course, this is assuming that for profit schools actually graduate their students. Schools such as U of P have some of the worst graduation rates in the country. Graduation rates at some of these schools are in the low teens. Now that for profits are under increased scrutiny they have funneled some of the multi-million dollar profits into hiring top dollar lobbyists to defend their practices in Washington. Their tactics are shameful. These schools leave some of the poorest folks in America drowning in student loan debt. When they default on their loans the taxpayers pick up the tab. Meanwhile, executives at these schools are busy lining their pockets with six and seven figure salaries.
02:25 AM on 09/24/2010
I agree with Tully. I was a U of P student and was immensely frustrated with not only the curriculum (or the lack there of), but the ratio of learning vs actual instruction being taken place within the "classroom" (which was set up like your everyday hip-hop forum [no knock at all, lol]).

But, forget about the way my student advisers deliberately misled me to keep their own jobs safe, or the fact that I did more writing (but less learning) in 1 year there than my girlfriend did at 4 years in Georgia State; let’s talk about tuition. I'm in the hole about 30 grand for one year. One Year! I could have spent that on a Bachelor's at local 4 year University.

Let’s talk about the fact that these are businesses that sell education. Though the model was well-intentioned, without regulation, just like any other business sector, its well intentions can be perverted. FORGET THE DEMOGRAPHICS! This is about people. Regulation is necessary in keeping a business' practice honest and its product genuine.

We all suffer when a product is exploited. And yes, a disproportionate number of minorities will be affected, but that's because a disproportionate number of minorities attend the for-profit schools. I don't appreciate our "Leaders" using our name in vein. Honestly, if a man can't pay back a loan he shouldn't be allowed to receive one; education or not. It's called responsibility, not racism...Wrong "R".
06:42 AM on 09/24/2010
There are some diploma mills out there, granted. But to paint an entire sector with hundreds of schools and millions of students with the same broad brush is either being naive or ignorant.
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Matthew Greenfield
08:59 AM on 09/24/2010
How did you get $30,000 in the hole for a single year at the University of Phoenix? Isn't their actual tuition about $15,500 per year, and don't Pell grants cover some of that cost? Are you blaming the school for debt you took out for non-academic expenses? The average total debt for an entire BA at a for-profit school is under $25,000. The Kafkaesque thing about both the current regulatory regime and the proposal is that the for-profit colleges do not control how much debt students can take out--those limits are set by federal law and often substantially exceed tuition and other academic expenses. Harris Miller of the Career College Association has actually begged the Department of Education to restrict the amount of debt that students are allowed to borrow to the actual cost of education. It is also worth noting that if the 90-10 rule were eliminated, many for-profit schools would promptly lower their tuitions--because schools cannot get more than 90% of their revenue from title IV loans and grants, they have to raise their tuition over the annual loan limits in order to stay in business.