Sen. Durbin: Higher Education Act Reauthorization Must Protect Students And Taxpayers From Predatory For-Profit Colleges
As the
In testimony submitted to the HELP Committee, Durbin wrote, "A Higher Education Act reauthorization must address the risk for-profit colleges pose to students and taxpayers. For too long, weak accountability and poor oversight of schools and accreditors has made
In his written testimony, Durbin pressed that a Higher Education Act reauthorization must:
* Reform the accreditation process;
* Allow students to seek redress directly from schools by prohibiting Title IV schools from using mandatory arbitration clauses;
* Ensure that schools can operate without federal taxpayer support, including changing the definition of what counts as federal revenue so that it includes all federal funds like GI Bill and TA funds and reduces the amount of federal revenue from 90 percent to 85 percent;
* Give colleges financial "skin in the game" when it comes to the success of their students; and,
* Codify important protections for students and taxpayers found in the Gainful Employment and Borrower Defense rules finalized under the
Durbin's full written testimony is below:
I would like to thank Chairman Alexander and Ranking Member Murray for holding this hearing to focus on two very important topics that must be part of the
A college education today is an important stepping stone for many on the path to the American Dream. We know that those with a college degree earn significantly more on average over the course of their lifetime than those without a college education.
At the same time, students are spending more than ever before to obtain a degree. Cumulatively, Americans today hold more than
Unfortunately, for too many students these days, the payoff of a college education isn't being realized. They have to take on more debt than they can reasonably repay. They struggle to make their high monthly student loan payments, forcing them to put off buying a house, starting a family, and saving for retirement. They get no help from
While this scenario is repeated over and over across our higher education system, nowhere is the problem more pronounced than with students who attend for-profit colleges. For-profit colleges only enroll nine percent of all post-secondary students, but receive 17 percent of all federal student aid and account for 35 percent of all federal student loan defaults. These companies lure students with flashy advertising, often making false claims about their students' job and salary prospects. They tend to charge much higher tuition than their public and not-for-profit counterparts, leading students to take on more debt. Students who graduate from a for-profit college program often find that employers don't recognize their degrees. They're left with worthless degrees and more debt than they can ever repay.
Over the last several years, nearly every major for-profit college has been the subject of multiple state and federal investigations and lawsuits related to consumer fraud. Companies like
A Higher Education Act reauthorization must address the risk for-profit colleges pose to students and taxpayers. For too long, weak accountability and poor oversight of schools and accreditors has made
We can start by reforming the accreditation process. Accrediting agencies, along with states and the federal government, form what is known as the Triad, which is tasked with oversight of schools. Accrediting agencies serve two key roles in this Triad - ensuring schools meet a basic level of academic quality and being the gate keepers of federal financial aid.
In practice, accrediting agencies have struggled to fulfill both of these roles. Too often they have failed to identify bad actors like
A recent Government Accountability Office (GAO) report commissioned by
Senators
The best way to prevent students and taxpayers from another Corinthian or ITT Tech, is to improve oversight of schools on the front end by accreditors - making it less likely that predatory and poor performing schools are allowed to participate in federal student aid program. But, no matter when misconduct occurs, schools must be accountable to their students.
But a practice, used almost exclusively in higher education by for-profit colleges, currently prevents students from holding their schools accountable for fraud and deception. As part of the enrollment agreements for-profit college students must sign, companies often bury mandatory arbitration clauses in the fine print. By agreeing to these clauses, students forfeit their right to sue the schools either as individuals or as part of a class. Instead, students are forced to resolve disputes between themselves and their school in an arbitration proceeding where the deck is stacked against students. Because, the outcome of arbitration proceedings are often secret, the practice also serves to hide misconduct from accreditors and regulators.
It also means that instead of seeking financial relief directly from their school when misconduct occurs, students are forced to seek relief from taxpayers. The Higher Education Act allows students who have been defrauded by their schools to assert a Borrower Defense to Repayment, which allows them to have their federal student loans discharged - ultimately putting taxpayers on the hook for the misconduct of schools. By allowing students to seek redress directly from schools, taxpayers could be saved millions of dollars.
I, along with Senators Whitehouse, Warren, Reed, Brown, Blumenthal, Hirono, Markey, introduced the Court Legal Access and Student Support (CLASS) Act (S. 553) to end this unfair practice. This legislation prohibits schools that receive Title IV dollars from interfering with a student's ability to seek redress through the courts either as individuals or as part of a group. If it had been illegal for
In order to prevent another Corinthian disaster, we must ensure that schools can operate without federal taxpayer support. Too many for-profit colleges rely too heavily on federal dollars to keep their doors open. When the
However, a loophole in the law treats federal education investments through the
To better protect students and our taxpayer dollars, I introduced the Protecting Our Students and Taxpayers (POST) Act, which would change the definition of what counts as federal revenue so that it includes all federal funds like GI Bill and TA funds and reduces the amount of federal revenue from 90 percent to 85 percent.
If we are going to ensure that the investments students and taxpayers make in higher education pay off, we also need to give schools a financial stake in the success of their students. Unfortunately, our existing system requires schools to assume little to no responsibility for what happens to students after they graduate. Earlier this year Senators Reed, Murphy, Warren and I reintroduced the Protect Student Borrower's Act (S. 2028), which would create a graduated system of penalties for schools with high default rates or "risk sharing." By giving schools "skin in the game" when it comes to their students' success, we give them a financial incentive to do everything they can to ensure their students are well prepared for good paying jobs and the future.
I also want to say, that if we are truly interested in accountability and risk to taxpayers, the Higher Education Act reauthorization should embrace the Gainful Employment and Borrower Defense rules finalized under the
The Borrower Defense rule, finalized by the
Unfortunately, Secretary DeVos has refused to enforce either rule - for which she is being sued by state attorneys general and others. In our consideration of a Higher Education Act rewrite,
I thank the Ranking Member, Senator


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