Stephen Burd
Senior Writer & Editor, Higher Education
Does the U.S. Department of Education have the guts to enforce its own federal student aid program integrity rules? Judging by the Department鈥檚 record and legislation recently introduced by Senate Democrats, entitled the 鈥,鈥 the answer to that question appears to be 鈥淣o.鈥
During President Obama鈥檚 first term, administration officials went to great lengths 鈥 and 鈥 to strengthen the agency鈥檚 authority to crack down on schools that deliberately mislead students into enrolling. Yet, the Department has shied away from using these expanded powers, even when evidence of abuse has been delivered to the agency on a silver platter.
Career Education Corporation is a case in point. In the fall of 2011, the that a significant number of its schools had been they were disclosing to prospective students. But despite this remarkable admission, the company didn鈥檛 receive even a slap on the wrist from the Department.
Frustrated with the agency鈥檚 inaction in the face of such deception, Senators Frank Lautenberg of New Jersey and Tom Harkin of Iowa have , which pushes the Education Department to take its oversight responsibilities seriously. Under the bill, the Department would be required to automatically conduct program reviews of colleges that meet one or more of the following conditions:
The legislation does not explicitly criticize the Education Department鈥檚 enforcement record. But the bill鈥檚 authors clearly believe that the agency has fallen down on the job and must be forced to take action. For example, the measure squarely takes aim at the agency鈥檚 handling of the Career Education Corporation case 鈥 by mandating that the Department investigate any school at which 鈥渢he institution or the institution鈥檚 executives have publically acknowledged or disclosed that the institution is in violation or noncompliance with any provision鈥 of federal student aid law.
Given the gridlock in Washington, it鈥檚 very unlikely that this bill will move anytime soon. But even if the measure doesn鈥檛 go anywhere, it still can serve the extremely valuable role of providing a gut check to the Department of Education.
After all, the Department already has the authority it needs to enforce its own rules. All that appears to be missing is the political will.