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For-Profit College Supporters Take Aim at Justice Dept Over Whistleblower Lawsuit

In August, the U.S. Department of Justice (DOJ) against Education Management Corporation (EDMC), the government by defying a federal law prohibiting colleges from compensating recruiters based on their success in enrolling students. If the case is allowed to proceed, it could lead to embarrassing revelations not just about EDMC, but about the for-profit higher education industry writ large.

So it shouldn鈥檛 come as a surprise that career college leaders and lobbyists have mounted what appears to be a public relations campaign aimed at pressuring the Justice Department to either back down or enter into settlement talks with EDMC before any more of the industry鈥檚 dirty laundry is exposed.

As part of this effort, industry officials have enlisted reliable allies to take up their cause. Last week, and the blasted the EDMC case, arguing that it鈥檚 just another example of the Obama administration beating up on an industry that is doing 鈥淕od鈥檚 work鈥 — educating low income and non-traditional students who have been ill-served by traditional colleges.


鈥淚t鈥檚 the for-profits that have a selfish, practical incentive to find ways to add students, even those with families, obligations and unpredictable schedules,鈥 Hess wrote. 鈥淥f course, this aggressive competition can result in unseemly, unsavory, or outright fraudulent behavior 鈥 but you鈥檇 think a president championing post-secondary access would be a lot less willing to toss out the baby along with the bathwater.鈥


On Sunday, the for-profit college lobby received a boost from an unlikely source: , a New York Times columnist who has been quite critical of the financial industry. In a column entitled 鈥,鈥 Nocera faulted the Obama administration for taking a 鈥渕ore than a little punitive鈥 approach to dealing with the industry鈥檚 鈥渢ransgressions.鈥 He argued that policymakers should not allow the sector鈥檚 鈥渆xcesses鈥 to 鈥渙bscure what really ought to be the most important fact about the industry: the country can鈥檛 afford to put it out of business. On the contrary, America needs it 鈥 and needs it to succeed 鈥 desperately.鈥


But what Nocera, Hess, and the Wall Street Journal鈥檚 editorial writers conveniently ignore is the incredible amount of harm that these 鈥渢ransgressions鈥 and 鈥渆xcesses鈥 have caused the very same students that these schools are touted for serving. As has become abundantly clear in recent years, the biggest players in the industry have pursued to meet Wall Street鈥檚 demands for constant growth and ever-higher quarterly earnings. This had led these companies to aggressively recruit unqualified students and load them up with unmanageable levels of debt that they have little hope of ever repaying.


Take Kaplan Higher Education, for instance. According to internal company documents [starting on p. 27] that the U.S. Senate Health, Education, Labor and Pensions Committee released in June, Kaplan officials in 2009 estimated that a shocking 80 percent of the subprime private loans they provide to students each year end up in default. These officials based their estimates largely on the fact that their schools , the majority of whom drop out within a year of enrolling.


鈥淥ur students drop out at a rate of 5% per month, and this rate equates to an annual drop rate of 60%,鈥 Carole Valentine, Kaplan鈥檚 vice president for student finance, wrote in a memo to the company鈥檚 corporate controller in June 2009. 鈥淢ore than 80% of drop students fail to pay back their educational loan debt.鈥


These Kaplan Choice Loans are 鈥渓ast resort鈥 loans for students who do not qualify for private loans from outside lenders due to their low credit scores. The company allows these students to take out up to $15,000 in loans through this program, on top of the full load of federal loans they borrow. In 2009, Kaplan charged students a fixed rate of 15 percent on these private loans, although the company has since lowered the rate. [Meanwhile, Kaplan officials expect that late last year will result in fewer drop outs.]


For Kaplan, the losses the company sustains on these 鈥渋nstitutional loans鈥 are not a big deal, as they are these low income students bring to its schools. For the students, however, it鈥檚 an absolute nightmare. Defaulting on these high-risk loans can lead to a spiral of debt from which they have little prospect of escaping.


As , the appalling treatment of low-income and working-class students at the hands of these giant for-profit college companies is a national scandal. That鈥檚 why we at Higher Ed Watch for the Justice Department to see its case against EDMC through to its conclusion. Settling this case would simply allow the industry and its allies at conservative think tanks and in the news media to remain in denial about the extent of abuses that have occurred and the extraordinary amount of damage that has been done.

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Stephen Burd
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Stephen Burd

Senior Writer & Editor, Higher Education

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For-Profit College Supporters Take Aim at Justice Dept Over Whistleblower Lawsuit