The Higher Education Inquirer has recently received a Freedom of Information (FOIA) response regarding student loan debt held by former Liberty University students. The FOIA was 25-01941-F.
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Thursday, March 20, 2025
Tuesday, March 4, 2025
The Future of Federal Student Loans
The U.S. student loan system, now exceeding $1.7 trillion in debt and affecting over 40 million borrowers, is facing significant challenges. As political pressures rise, the management of student loans could be significantly altered. A combination of potential privatization, the elimination of the U.S. Department of Education (ED), and a new role for the Department of the Treasury raises critical questions about the future of the system.
U.S. Department of Education: Strained Resources and Outsourcing
The U.S. Department of Education (ED) is responsible for managing federal student loan servicing, loan forgiveness programs, and borrower defense to repayment (BDR) claims. However, ED has faced ongoing issues with understaffing and inefficiency, particularly as many functions have been outsourced to contractors. Companies like Maximus (including subsidiaries like AidVantage) manage much of the administrative burden for loan servicing. This has raised concerns about accountability and the impact on borrowers, especially those seeking loan relief.
In recent years, ED has also experienced staff reductions and funding cuts, making it difficult to process claims or maintain high-quality service. The potential for further cuts or even the elimination of the department could exacerbate these problems. If ED’s role is diminished, other entities, such as the Department of the Treasury, could assume responsibility for managing the student loan portfolio, though this would present its own set of challenges.
Potential for Privatization of the Student Loan Portfolio
One of the most discussed options for addressing the student loan crisis is the privatization of the federal student loan portfolio. Under previous administration discussions, including those during President Trump’s tenure, there were talks about selling off parts of the student loan portfolio to private companies. This would be done with the aim of reducing the federal deficit.
In 2019, McKinsey & Company was hired by the Trump administration to analyze the value of the student loan portfolio, considering factors such as default rates and economic conditions. While the report's findings were never made public, the idea of transferring the loans to private companies—such as banks or investment firms—remains a possibility.
The consequences of privatizing federal student loans could be significant. Private companies would likely focus on profitability, which could result in stricter repayment terms or less flexibility for borrowers seeking loan forgiveness or other relief options. This shift may reduce borrower protections, making it harder for students to challenge repayment terms or pursue loan discharges.
The Department of the Treasury and its Potential Role
If the U.S. Department of Education is restructured or eliminated, there is a possibility that the Department of the Treasury could step in to manage some aspects of the student loan portfolio. The Treasury is responsible for the country’s financial systems and debt management, so it could, in theory, handle the federal student loan portfolio from a financial oversight perspective.
However, while the Treasury has experience in financial management, it lacks the specialized knowledge of student loans and borrower protections that the Department of Education currently provides. For example, the Treasury would need to find ways to process complex Borrower Defense to Repayment claims, a responsibility ED currently manages. In 2023, over 750,000 Borrower Defense claims were pending, with thousands of claims related to predatory practices at for-profit colleges such as University of Phoenix, ITT Tech, and Kaplan University (now known as Purdue Global). Additionally, some of these for-profit schools were able to reorganize and continue operating under different names, further complicating the situation.
The Treasury could also contract out loan servicing, but this could increase reliance on profit-driven companies, possibly compromising the interests of borrowers in favor of financial performance.
Borrower Defense Claims and the Impact of For-Profit Schools
A large portion of the Borrower Defense to Repayment claims comes from students who attended for-profit colleges with a history of deceptive practices. These institutions, often referred to as subprime colleges, misled students about job prospects, program outcomes, and accreditation, leaving many with significant student debt but poor employment outcomes.
Data from 2023 revealed that over 750,000 Borrower Defense claims were filed with the Department of Education, many of them against for-profit institutions. The Sweet v. Cardona case showed that more than 200,000 borrowers were expected to receive debt relief after years of waiting. However, the process was slow, with an estimated 16,000 new claims being filed each month, and only 35 ED workers handling these claims. These delays, combined with the uncertainty around the future of ED, leave borrowers vulnerable to prolonged financial hardship.
Lack of Transparency and Accountability in the System
While the U.S. Department of Education tracks Borrower Defense claims, it does not publish institutional-level data, making it difficult to identify which schools are responsible for the most fraudulent activity.
In response to this, FOIA requests have been filed by organizations like the National Student Legal Defense Network and the Higher Education Inquirer to obtain detailed information about which institutions are disproportionately affecting borrowers.
The lack of transparency in the system makes it harder for borrowers to make informed decisions about which institutions to attend and limits accountability for schools that have harmed students. If the Treasury or private companies take over management of the loan portfolio, these transparency issues could worsen, as private entities are less likely to prioritize public accountability.
Conclusion
The future of the U.S. student loan system is uncertain, particularly as the Department of Education faces the potential of funding cuts, staff reductions, or even complete dissolution. If ED’s role diminishes or disappears, the Department of the Treasury could take over some functions, but this would raise questions about the fairness and transparency of the system.
The possibility of privatizing the student loan portfolio also looms large, which could shift the focus away from borrower protections and toward financial gain for private companies. For-profit schools, many of which have a history of predatory practices, are responsible for a disproportionate number of Borrower Defense claims, and any move to privatize the loan portfolio could exacerbate the challenges faced by borrowers seeking relief from these institutions.
Ultimately, there is a need for greater transparency and accountability in how the student loan system operates. Whether managed by the Department of Education, the Treasury, or private companies, protecting borrowers and ensuring fairness should remain central to any future reforms. If these issues are not addressed, millions of borrowers will continue to face significant financial hardship.
Monday, January 13, 2025
When Banks Lost Control of the Student Loan Mess
In a previous article we said Best and Best's classic The Student Loan Mess needed to be updated and reexamined. Although the book was an exceptional chronicle of the student loan industry from 1958 to 2013, it missed at least one key event, the 2008-2010 bailout of Sallie Mae and a number of banks who made questionable private loans guaranteed by the US government. This lesson is especially important if the US government decides to get out of the student loan business or reduce government oversight of student loans.
From 1965 to 2010, the federal government was a backstop for private student loans, Guaranteed Student Loans, also known as the FFEL loans. Annual volume of private loans skyrocketed, from $5B in 2001 to over $20B in 2008, when 14 percent of all undergraduates had one. A secondary market for private student loan debt (student loan asset-backed securities) also began to flourish. An industry group, America's Student Loan Providers (ASLP), provided political cover for private lenders.
In 2007, President George W. Bush signed the College Cost Reduction and Access Act of 2007 (HR 2669) which cut subsidies to lenders and increasing grants to students. But this did little to contain the growing mountain of student loan debt. A mountain of unrecoverable debt that was crushing millions of consumers as the US was facing an enormous economic crisis, the Great Recession.
In rereading The Student Loan Mess, we also discovered that these private entities had not only made questionable loans, some private lenders had also bribed university officials to become preferred lenders. How commonplace this student loan grift was has not been adequately explored.
In 2008, the Bush government began a bailout of these private lenders, the Ensuring Continued Access to Student Loans Act (ECASLA), which amounted to $110B. This event occurred largely without notice. And because a larger Great Recession was happening, the ECASLA never received much media attention.
As part of Health Care and Education Reconciliation Act of 2010, President Obama's takeover of the Guaranteed Student Loan program in 2010, did get attention. Ending the Guaranteed Student Loan program was supposed to save the US government $66B over an 11-year period. This rosy projection never materialized. The FFEL loans acquired by the U.S. Department of Education (ED) during the transition to the Direct Loan program are now part of the Direct Loan portfolio. The U.S. Department of Education (ED) acquired an additional $20.4 billion in face amount of FFEL loans from lenders during the transition from the FFEL program to the Direct Loan program.
The FFEL loans that were not acquired by the U.S. Department of Education (ED) during the transition to the Direct Loan program remained with the original private lenders. These loans continue to be serviced by the private lenders that issued them.
For-profit colleges, the engine for much of this bad debt, did get scrutiny, and from 2010 to 2023, their presence was reduced. But overpriced education and edugrift continued in many forms. And after a short respite from 2020 to 2024, the mountain of bad student loan debt continues to grow.
Related links:
A Report on the Loan Purchase Programs Created by ECASLA
Student Loan Debt Clock
America's Student Loan Providers | C-SPAN.org
Student Loan History (New America)
Thursday, December 12, 2024
Maximus AidVantage Contracts with the US Department of Education Publicly Available
The Higher Education Inquirer has received all the current contracts between the US Department of Education and Maximus/AidVantage through a Freedom of Information Act (FOIA) request. Maximus serves millions of student loan debtors and has faced increased scrutiny (and loss of revenues) for not fulfilling their duties on time.
The FOIA response (23-01436-F) consists of a zip file of 998 pages in 5 separate files. HEI is sharing this information with any news outlet or organization for free, however we would appreciate an acknowledgement of the source.
We have already reached out to a number of organizations, including the Student Borrower Protection Center, the Debt Collective, the Project on Predatory Lending, the NY Times, ProPublica, and Democracy Now! We have also posted this article at the r/BorrowerDefense subreddit.
Friday, November 29, 2024
Seventh Quarterly Report under Settlement Agreement in Sweet, et al. v. Cardona (US Department of Education)
The latest report regarding Borrower Defense to Repayment settlements has been published. National Student Loan Data System records indicate that discharges have been fully processed for at least 195,5908 Class Members eligible for relief. Refunds have been fully processed for at least 194,782 Class Members eligible for relief.
Borrower Defense to Repayment is a debt forgiveness strategy for consumers if they believe they were defrauded by a school and can document that fraud. The Project on Predatory Student Lending (PPSL) has provided assistance to thousands of consumers defrauded by for-profit colleges and still offers help.
For consumer support regarding about Borrower Defense claims, we also recommend joining the r/Borrower Defense group on Reddit.
Wednesday, November 27, 2024
List of Schools with Strong Indicators of Misconduct, Evidence for Borrower Defense Claims
Alta Colleges, Inc. (Westwood)
- Westwood College
American Commercial Colleges, Inc.
- American Commercial College
American National University
- American National University
Ana Maria Piña Houde and Marc Houde
- Anamarc College
Anthem Education Group (International Education Corporation)
- Anthem College
- Anthem Institute
Apollo Group
- University of Phoenix
- Western International University
ATI Enterprises
- ATI Career Training Center
- ATI College
- ATI College of Health
- ATI Technical Training Center
Baker College
B&H Education, Inc.
- Marinello School of Beauty
Berkeley College (NY)
- Berkeley College
Bridgepoint Education
- Ashford University
- University of the Rockies
Capella Education Company (Strategic Education, Inc.)
- Capella University
Career Education Corporation
- American InterContinental University
- Briarcliffe College
- Brooks College
- Brooks Institute
- Collins College
- Colorado Technical University
- Gibbs College
- Harrington College of Design
- International Academy of Design and Technology
- Katharine Gibbs School
- Le Cordon Bleu
- Le Cordon Bleu College of Culinary Arts
- Le Cordon Bleu Institute of Culinary Arts
- Lehigh Valley College
- McIntosh College
- Missouri College of Cosmetology North
- Pittsburgh Career Institute
- Sanford‐Brown College
- Sanford‐Brown Institute
- Brown College
- Brown Institute
- Washington Business School
- Allentown Business School
- Western School of Health and Business Careers
- Ultrasound Diagnostic Schools
- School of Computer Technology
- Al Collins Graphic Design School
- Orlando Culinary Academy
- Southern California School of Culinary Arts
- California Culinary Academy
- California School of Culinary Arts
- Pennsylvania Culinary Institute
- Cooking and Hospitality Institute of Chicago
- Scottsdale Culinary Institute
- Texas Culinary Academy
- Kitchen Academy
- Western Culinary Institute
Center for Employment Training
- Center for Employment Training
Center for Excellence in Higher Education (CEHE)
- California College San Diego
- CollegeAmerica
- Independence University
- Stevens‐Henager
Corinthian Colleges, Inc.
- American Motorcycle Institute
- Ashmead College
- Blair College
- Bryman College
- Bryman Institute
- CDI College
- Duff's Business Institute
- Eton Technical Institute
- Everest
- Everest University Online
- Everest College Phoenix
- Florida Metropolitan University
- Georgia Medical Institute
- Heald College
- Kee Business College
- Las Vegas College
- National Institute of Technology
- National School of Technology
- Olympia Career Training Institute
- Olympia College
- Parks College
- Rochester Business Institute
- Sequoia College
- Tampa College
- Western Business College
- WyoTech
Computer Systems Institute
- Computer Systems Institute
Court Reporting Institute, Inc.
- Court Reporting Institute
Cynthia Becher
- La' James College of Hairstyling
- La' James International College
David Pyle
- American Career College
- American Career Institute
Delta Career Education Corporation
- McCann School of Business & Technology
- Miami‐Jacobs Career College
- Miller Motte Business College
- Miller‐Motte College
- Miller‐Motte Technical College
- Tucson College
DeVry
- American University of the Caribbean
- Carrington College
- Chamberlain University
- DeVry College of Technology
- Devry Institute of Technology
- DeVry University
- Keller Graduate School of Management
- Ross University School of Veterinary Medicine
- Ross University School of Medicine
EDMC/Dream Center
- Argosy University
- The Art Institute (including The Art Institute of Atlanta, The Art Institute of California, and more)
- Brown Mackie College
- Illinois Institute of Art
- Miami International University of Art & Design
- New England Institute of Art
- South University
- Western State University College of Law
Education Affiliates (JLL Partners)
- All‐State Career School
- Fortis College
- Fortis Institute
Edudyne Systems Inc.
- Career Point College
Empire Education Group
- Empire Beauty School
Everglades College, Inc.
- Everglades University
- Keiser University
FastTrain
- FastTrain
Full Sail University
Globe Education Network
- Globe University
- Minnesota School of Business
Graham Holdings Company (Kaplan)
- Bauder College
- Kaplan Career Institute
- Kaplan College
- Mount Washington College
- Purdue University Global
Grand Canyon Education, Inc.
- Grand Canyon University
Infilaw Holding, LLC
- Arizona Summit Law School
- Charlotte School of Law
- Florida Coastal School of Law
International Education Corporation
- Florida Career College
- United Education Institute
ITT Educational Services Inc.
- ITT Technical Institute
JTC Education, Inc.
- Gwinnett College
- Medtech College
- Radians College
Laureate Education, Inc
- Walden University
Leeds Equity Partners V, L.P.
- Florida Technical College
- National University College
- NUC University
Liberty Partners
- Concorde Career College
- Concorde Career Institute
Lincoln Educational Services Corporation
- International Technical Institute
- Lincoln College of Technology
- Lincoln Technical Institute
Mark A. Gabis Trust
- Daymar College
Mission Group Kansas, Inc.
- Wright Business School
- Wright Career College
Premier Education Group L.P.
- American College for Medical Careers
- Branford Hall Career Institute
- Hallmark Institute of Photography
- Hallmark University
- Harris School of Business
- Institute for Health Education
- Micropower Career Institute
- Suburban Technical School
- Salter College
Quad Partners LLC
- Beckfield College
- Blue Cliff College
- Dorsey College
Remington University, Inc. (Remington College)
- Remington College
Southern Technical Holdings, LLC
- Southern Technical College
Star Career Academy
- Star Career Academy
Strayer University
Sullivan and Cogliano Training Center, Inc.
- Sullivan and Cogliano Training Centers
TCS Education System
- Chicago School of Professional Psychology
Vatterott Educational Centers, Inc.
- Court Reporting Institute of St Louis
- Vatterott College
Wilfred American Education Corp.
- Robert Fiance Beauty Schools
- Robert Fiance Hair Design Institute
- Robert Fiance Institute of Florida
- Wilfred Academy
- Wilfred Academy of Beauty Culture
- Wilfred Academy of Hair & Beauty Culture
Willis Stein & Partners (ECA)
- Brightwood Career Institute
- Brightwood College
- New England College of Business and Finance
- Virginia College