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The career education scandals have brewed a perfect storm for Federalization

 
Stock prices of  many publicly-traded education companies plunged in mid-August as a result of two well-publicized events in Washington, one at the White House, the other on Capitol Hill in the Senate.  Corinthian Colleges, ITT Education, Strayer Education and University of Phoenix (Apollo Group), for example, have lost as much as two-thirds of their January 1, 2010 value this year.  Even the Washington Post's share price graph looks like a ski jump, due to its Kaplan Higher Education subsidiary.  Two weeks after the mid-August publicity shock those firms' September 1st stock prices are still at or near their 2010 lows.    
 
The 'for-profit sector' of U.S. higher education is a fast-moving vehicle fueled by student customers who purchase educational services with taxpayer money in the form of Pell grants and federal student loans.  It now appears the custodian of those billions of dollars - the U.S. government - will be taking the driver's seat. 
 
At an August White House event, government staffers released student loan repayment statistics that painted a miserable picture of career college students' loan repayment performance.  Accompanying that release are proposed federal regulations that will tie for-profit school eligibility for student financial aid to 'gainful employment' and loan repayment formulas that few of the schools are presently able to meet. 
 
Also during August,  the videotaped activities of government mystery shoppers were widely reported and televised during a Senate committee hearing.  The Government Accounting Office shoppers documented shoddy and deceptive selling practices in the admissions offices of more than a dozen for-profit career colleges.  It was not unreasonable for any viewer to conclude that the students who are not repaying their loans probably shouldn't have attended that college in the first place. 
 
In today's America, politics may be driving the career higher education industry for some time to come. 
 
Training and equipping the drivers
 
A recent telephone conference hosted by Wall Street's Morgan Stanley in mid-August provided a rare glimpse into the formation of higher education policy White House-style.  We've read the transcript.  Here are excerpted comments from two participants that have been lightly edited and, in a few cases, re-arranged for clarity. 
 
Mary Ellen McGuire
Former senior education advisor, White House Domestic Policy Council

 
Charles Gabriel
Political risk consulant, Capital Alpha
 
 
Involved at the White House in the 'gainful employment' discussions were representatives of the White House Domestic Policy Council, the Council of Economic Advisers, the Office of Management and Budget, and its regulatory arm OIRA.  The White House was involved in the rulemaking from the very beginning - and will be to the end. 
Mary Ellen McGuire
 
Since we don't have actual income data [of students who formerly attended for-profit colleges], we were using 'proxy data' - hedging bets, sort of. 
Mary Ellen McGuire
 
Where will students [of for-profit colleges who become ineligible for federal funds due to gainful employment rule violations] go if they can no longer attend these institutions?  We certainly need some time to build our community college system. 
Mary Ellen McGuire
  
There is a community college grant program that is going to be released in September or October.  The 'second lady' Dr. Biden is having a community college summit at the White House in October.  This grant program is likely to be a deliverable at that conference. Millions of dollars will pour into the community colleges to bring some models to help them increase capacity.  It may actually involve taking some of the more successful components of the for-profit sector and introducing them into the public sector.  You'll likely see a few more announcements at that conference, which I cannot discuss,  But keep an eye on that grant program.  In fact, for-profits may actually be able to apply for some of those dollars as well. 
Mary Ellen McGuire
 
The Republicans in the Senate seem to have unified around a pitch saying that we have existing laws that just aren't being enforced.    We need to penalize bad actors [in the for-profit sector].  
Charles Gabriel
 
About the rules being already on the books - that's nonsense!  I was on the negotiating panel in 1998, and again in 2008.  We all went out of our way not to define 'gainful employment.' 
Mary Ellen McGuire
 
The August 4th Senate hearing on the GAO's undercover investigation [of recruitment practices at several for-profit schools] pointed to seemingly systemic misrepresentation and perhaps prevalent fraud. 
Charles Gabriel
 
It has really shamed people [the Congressional Black Caucus and civil rights groups in particular] away from defending for-profit schools.
Mary Ellen McGuire
 
It's also the case that we this past March  invested an additional $40 million in Pell Grants, and a disproportionate amount is going to these [for-profit] institutions.  That's compounded by the amount of subsidized student loans being taken out.
Mary Ellen McGuire
 
They [Obama administration officials] have said [in the Notice of Proposed Rulemaking] that this [a tuition reduction by for-profit schools] could save the government $400 million a year, and a lot of that is Pell grant money.  I think tuition will be the next big thing that you'll see out of the [Obama] Administration. Since I'm part of those conversations, I can't discuss that.
Mary Ellen McGuire
 
But they [Republicans] want to broaden the discussion to include the not-for-profits as well.  To the extent that Republicans gain in November, they might try to broaden the coversation.  That would put at risk the interest of the not-for-profits and the community colleges and others that have a lot more political clout than the for-profits.
Charles Gabriel
 
The real story line next year might be double-digit tuition increases in public schools.
Charles Gabriel
 
If your state university president can call a Senator or a Congressman and then get the state's governor involved [in the conversation], it becomes harder to move forward on legislation.
Mary Ellen McGuire
 
Besides 'gainful employment' regulation of for-profit schools, the following areas may be subjects of legislation depending on which party(ies) can deliver enough votes in next year's Congress. 
... Further regulation of private student loans
... Bankruptcy discharge of student loans
... Buying accreditation by buying schools
... Re-directing the use of federal funds away from marketing and toward paying instructional costs 
Mary Ellen McGuire
 
It is really important to say the the [Obama] administration cannot reach its 2020 goal without the for-profit schools.  The President's goal is to have the highest proportion of college graduates in the world by 2020.  That's impossible to achieve without for-profits. 
Mary Ellen McGuire
 
Summing up
Personally, I appreciated this rare real-time virtual tour within the Washington policymaking business.  I'm also impressed at how much re-engineering the people employed in the White House can blueprint with no seeming need  for consultation.  And that an industry as large and robust as U.S. higher education could actually be well on its way to federalization.    
 
Jeff Wendt is the publisher of Tdoay's Campus

Jeff Wendt is the publisher of Today's Campus.
He can be reached at jwendt@todayscampus.com
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TOPICS: Executive Briefing, Overheard



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