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Preventing Predatory Lending by For-Profit Colleges

Posted: 06/13/11 09:42 AM ET

The subprime mortgage disaster caused the greatest loss of wealth from communities of color in modern American history. When banks misled African-American, Asian-American and Latino borrowers into taking on crushing home mortgage debt they could never hope to pay back, we called it what it was: predatory lending.

Today, many for-profit colleges have picked up where the subprime lenders left off. They are using the same promise of the American dream as bait to trap vulnerable students -- the vast majority of whom are women and minorities -- into underperforming schools and saddling them with a lifetime of debt.

The costs to these students and taxpayers are tremendous. In the 2008-09 school year, the federal government invested more than $4 billion in grant aid to for-profit institutions, quadrupling its investment from just a decade earlier.

Despite this increased federal assistance, tuition at for-profit institutions continues to far outpace other schools, costing more than five times as much as community colleges. These for-profit schools are gaming the system -- undermining the value of Pell Grants and forcing students to take out more loans.

As this industry's profits have soared, so have student-loan default rates. Students enrolled in for-profit schools represent just 10 percent of all undergraduate students, but they account for 44 percent of all student-loan defaults.

The industry says these schools offer opportunities to low-income students that they couldn't get elsewhere. But the debt being piled on students has devastating consequences, rendering them unable to receive credit to rent an apartment, buy a car or home, or receive future education loans. When these programs fail to deliver on their promises, students suffer for the rest of their adult lives and taxpayers are left on the hook.

The industry is targeting and taking advantage of women, minorities and low-income students. About one out of every four African-American, Asian-American, Latino and low-income students starts his or her postsecondary education at a for-profit institution. But these students' graduation rates are far below the rates for such students at public and nonprofit colleges. Just like the subprime mortgage lenders, this industry is profiting off the misery of our country's most vulnerable communities.

We believe the Department of Education took the right step in issuing a rule that holds these schools accountable for delivering on their education and career promises.

Under the rule, colleges that fail to demonstrate their programs are preparing students for "gainful employment" would risk losing their eligibility to participate in federal education grant and loan programs. This rule is not nearly as strong as it could be, but is a long-overdue and important step in protecting students and taxpayers from unscrupulous career-education programs.

While the rule does not include many important protections urged by civil rights, student, women's, labor and consumer organizations, it sends a strong message to many for-profit programs to start putting students first. Its focus has been narrowed to those programs that, after four years, still fall far short of delivering a quality education. Those programs that serve their students well, however, will easily pass muster under the rule.

All schools should be held accountable for the educations they provide, including for-profits that have flown under the radar of regulation for far too long. These rules respond to the Department of Education's recent investigation finding that some in the industry were promising students job placement upon completion of their programs and failing to deliver on that promise.

Once the industry got its cut from the government's financial aid program, it left its students without an adequate education, without a job and with an insurmountable debt load.

Just as Wall Street is fighting to undermine the Consumer Financial Protection Bureau and other financial reforms, the for-profit college industry is fiercely resisting this reasonable oversight.
It spent more than $4 million on lobbyists in the first quarter of 2011 alone and has engaged in a documented campaign of staging false support in the very minority communities it is victimizing.

Nothing should stand in the way of real gainful-employment rules. This industry has destroyed people's futures, cost our government billions of dollars and gotten rich by selling false hopes to those who most need a quality education. Now that the rule has been issued, we expect conscientious Members of Congress to resist the temptation to bow to pressure from this multibillion-dollar industry.

Rep. Mike Honda (D-Calif.) is a member of the House Budget and Appropriations committees and chairman emeritus of the Congressional Asian Pacific American Caucus. Follow Rep Honda on Facebook and Twitter. Wade Henderson is president and CEO of the Leadership Conference on Civil and Human Rights and the Leadership Conference Education Fund.

 

Follow Rep. Mike Honda on Twitter: www.twitter.com/repmikehonda

 
 
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05:05 AM on 06/15/2011
Messrs. Honda and Henderson:
(second try)

I am not a big fan of protecting people from their own stupidity or their own financial ignorance, especially when it comes at the price of freedom and choice. There is no doubt that predatory lending is an issue but it is not a problem attributable to the lender. They, after all, should be allowed to charge whatever they want for their services, whether it is 100,000% credit cards or 5,000% school loans. The lender is the problem for accepting the terms. And where does protecting me from predation stop really?

Starbuck? I go to Starbucks and they charge me $5 dollars for coffee beans I know that they purchase for mere cents. Do I need protection from this predatory pricing?

Or what about Whole Foods? I buy an apple there, that grows for free on a tree and are readily available, perhaps like weeds. Should I be protected from my choice to buy an expensive apple?

Harvard? I mean that college is really expensive. Are they ripping me off?

In short, why does your judgment on what is good for me or what I want to purchase or borrow, and at what terms, take precedent over my own. Why are you a better at making choices for me, thus limiting my rights to make my own choices?

By the way, I think you paid too much for your suit. Should I protect you from that decision?

Kai
06:00 AM on 06/15/2011
"The lender is the problem for accepting the terms." I meant 'the borrower is the problem for accepting the terms', obviously. Sorry for any confusion.
10:52 AM on 06/14/2011
How ironic that some of them are among Obama's biggest donors. Our obsessive ideology in favor of for-profit solutions often plays into the hands of opportunistic scam artists and I'm afraid this is no accident.
10:40 AM on 06/14/2011
Seriously! This is the problem Democrats are worried about?! Our jobs are either being offshored to communist China or we have wage suppression by federal interference(H-1b work visas is a prime example). But Democrats still support free trade and still support H-1b work visas. There is ample evidence of fraud in both cases and the problem in relation to job loses and wage suppression is much larger but Democrats refuse to even acknowledge the real problems.
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HUFFPOST SUPER USER
Skeptical Patriot
09:44 AM on 06/14/2011
It is striking that the gov't chooses to only regulate for-profit colleges when the abuses are universal. 90% of the 4,000 post-secondary schools are not-for-profit and have a 50% graduation rate. This means that for 1/2 of customers, they rack up debt and fail to complete their degrees. Further, for-profits tend to attract a higher % of minorities (45% minorities) than traditional school and most are first-generation college attendees.

How would people react it Congress carved out another portion of the market, say, the Historically Black Colleges and Universities. They would find that those ~ 255 schools performed significantly WORSE than the average for-profit in graduation, job placement etc. Yet, I see no outrage from Congress or the DOE.

What is good for the goose.... Regulate the ENTIRE industry. Force all schools to disclose job placement, grad school placement and salary data. Instead of showing a bias against business, demonstrate real concern for students.
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09:14 AM on 06/14/2011
Most of the students at these colleges are ones who 1) can't get into a regular college because of low grades or low scores 2) work full-time and need an online college experience. If public universities would offer online degrees, they could be the ones reaping the profits. The public college and university system needs to come into the 21st century and realize that not everyone can go to a brick-and-mortar school. If they were more progressive in their thinking, there would be no need for these for-profit alternatives.
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HUFFPOST SUPER USER
Democommon Sense
11:42 PM on 06/20/2011
1) Most low scoring students ar eligible for their community colleges.The difference is they aren't lured into a community college by high pressure sales pitches and massive media campaigns. The people who tend to back up "free market solutions" are the same that say why are we wasting government money usually. Easy fix cut off the wasteful leeches you save money and improve outcomes. Also those that are not may not be qualified for higher education without remedial intervention. Which I can almost guarantee isn't being served by these for-profit institutions (Leaving out trade schools such as beauty schools etc)

2) Community colleges and state colleges do offer online courses.
11:09 PM on 06/13/2011
Should colleges be permitted to offer majors in English and philosophy, or are those to be forbidden on the grounds that they don't lead to gainful employment?
11:32 PM on 06/13/2011
Tell that to my friend who majored in English and is now making 80k as a grant writer as a non-profit.

She's making quite a bit of money doing SOMETHING GOOD FOR SOCIETY. Yeah, they should forbid economics for leading to employment in the private sector that does NOTHING but enrich that said individual
04:33 PM on 06/14/2011
A grant writer nice gig...pretty sure that you do not need a degree in English to get that job though.
10:46 PM on 06/13/2011
It's amazing that if you buy a 100,000 dollar boat, or buy a 2 million dollar home, or have thousands of dollars in credit card debt and can't pay it, you can get a lawyer and pay him a nomianal fee and show up to court and get a fresh start. But if you dare to go to school and better yourself by attending one of these for-profit colleges, who by the way are substandard. Your stuck with that debt for the rest of your life and there is nothing that you could do about it. In what world is that fair...
HUFFPOST SUPER USER
GetRealSoon
Finding Fraudster
10:01 PM on 06/13/2011
This post may be old but needs to be corrected. I happen to be Caucasian and got took by one of those loans. No doc loans which Freddie did not approve was all made up by the lenders. No one check the underwriting guidelines and naturally assumed the no docs were the norm. Freddie Mac under stated income guidelines wrote-"If the income can not be verified the broker is to use a Global Salary Calculator using the average income. THAT'S IT! If Huff Post was to find the guidelines this would clear the air on some of those loan approvals.

As for Predatory student loans. Yes they will do anything to get you to sign up. They collect on the Pell Grant and if you default you owe the rest back for life. One way or another they get paid and it does not matter what they teach you. This happen to me 20 years ago on another Fly- By- Nite- school. Problem is when the little guy reports it, your state Reps. say "Sorry you graduated." The scam is full proof. This is why I personally have given up on our justice and system.
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09:18 AM on 06/14/2011
Are you an ESL student? If not, your grammar alone proves these colleges are ineffective at teaching anything meaningful.
10:44 AM on 06/14/2011
Your statement has a logic fallacy in it. "Grammar" cannot "prove" a thing is one thing or another. I think you meant to say "your poor use of grammar in this context shows a lack of skill in applying language and this lack of skill shows a deficit in your formal education." That would have made sense.
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09:27 PM on 06/13/2011
State and Private Colleges are also guilty of encouraging people to take on expensive loans and debt knowing that the student probably won't even graduate.
Google, Souther University in Louisiana a state school running a scam.
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
01:22 PM on 06/13/2011
Want an easy, 100% effective way to stop predatory student loans?

Make loans for education illegal.

The colleges will the be forced to lower tuitions, cut out the bloat in their operations and start operating in a financially responsible manner.

Have you ever wondered why college professors (Summers, Obama, etc.) are totally ineffective at fiscal management? Because in their environment what is applauded as good is actually horrendous.
08:46 PM on 06/16/2011
You are a master at oversimplifying the argument to support your view. If I took your point one step further, I'd deduce you believe that anyone whose parents cannot afford college, shouldn't be allowed to go to college.
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
10:41 PM on 06/16/2011
I paid for my own college.

I helped my sons with theirs.

What's your point?

The influence of profits and loans has corrupted the entire financial structure of our advanced education system. The only way to get it back to affordable is to cut out the corruption: get the banks off of our campuses.
01:20 PM on 06/13/2011
I know that most if not all states are in a budget crisis, however, these schools are flourishing in a vacuum left by an absence of junior colleges and vocational schools.

We need to find ways to fund higher education properly on a state level. Not everyone is in a position to succeed at a 4-year institution right away, and if that is all that exists in your neighborhood, where else can you turn for a chance to learn.

Additionally, the curriculum needs to change. Let's think of these new candidates as untapped potential, not just work horses that should pick between cutting hair and putting up drywall. Also not going to work is promising a business certificate that "should" make them the next Goldman Sachs hotshot wall street broker. We need entrepreneurs, inventors, creators, new ventures, new idea people, and in my observation, this stuff can't be culled from books, but is inspired and waiting for discovery.

Bravo to the "creator" of the business model for these for-profit schools, that bottom line must be writing some sweet checks. But shame on the owners of these schools for not adopting a mission statement that serves the greater purpose of the community and this country.
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09:30 PM on 06/13/2011
Public & Private College tuition cost have risen over 400% in recent years.
This is outrageous and needs to be investigated.
12:08 PM on 06/13/2011
"The industry says these schools offer opportunities to low-income students that they couldn't get elsewhere."
Wasn't something similar said to justify the practices of the sub-prime mortgage lenders, that they were simply facilitating the "American Dream" for those who couldn't qualify for a traditional mortgage? That worked out really well, didn't it?
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HUFFPOST SUPER USER
Under Fed yet Fed Up
Always great distaste for both political parties
01:23 PM on 06/13/2011
Yes, those low income students include the illegal aliens.
01:35 PM on 06/13/2011
What in the world are you talking about? Don't you get it, don't you read? These are business owners, (white, legal, business owners) that are taking advantage of you. Direct your anger, your passion, your commentary to your Congress people, and the owners of these schools.
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HUFFPOST SUPER USER
Democommon Sense
11:47 PM on 06/20/2011
Really? Can you please link me to the "illegal alien" Fafsa application? I would love to have a look at it. Since it requires a ssn as well as completed tax paperwork. Ahhh...I am guessing that will be a no.
zSpin2001
All your base are belong to us.
11:58 AM on 06/13/2011
Dear Rep Honda,
Excellent post. Time to stop the masquerade.
11:22 AM on 06/13/2011
Beware of cosigning for students taking out these "loans."

If they can't pay it back, or find employment, you will be on the hook for another person's debt.
04:14 PM on 06/13/2011
What a meaningless post. You just stated the definition of 'cosigning' to people who are supposedly cosigning.

If you do not know what cosigning means and are cosigning there is a process called evolution that needs to take its course.
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HUFFPOST SUPER USER
pooka47401
Reality is the leading cause of stress!
10:43 AM on 06/13/2011
I work with low income families as an Emergency Services Caseworker for a non-profit. I am seeing people come in and they are very excited about "going to college online". They have been given extravagant promises that are simply not true. One guy was told that he could have a $60,000 Addictions counselor position in our town. The salesman told him that they would line up an internship for him ect. The facts are that in our University town, you would have to have a Masters degree and years of experience to make that kind of money. I told the kid this and a year later he was back,sadly disheartened and owing thousands of dollars in loans. Another woman on disability, was excited and told me that she was applying for college teaching positions. She "finished 4 years of classes and got a Master's certification. I asked what that certification was and she said that it certified the courses that she had taken. I did not say this to her face but she would never be hired for a job. She had no idea of personal hygiene and was unable to physically teach. She has mental issues also. She, also, now owes thousands of dollars in loans that she is unable to pay for. It is these people who are being preyed upon by Corporations and it should stop!!
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Michael Morrison
Proud Dad, Engineer, Aspring Geophysicist
11:32 AM on 06/13/2011
Pooka:

I teach at a junior college, and have seen the same thing. Several students in my developmental (remedial) math courses have "degrees" and tens of thousands of dollars in debt from one particular for-profit school.