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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. 

In one such request, the Higher Education Inquirer asked for information regarding claims filed against the University of Phoenix, a school with a significant number of Borrower Defense claims.

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.

Thursday, March 16, 2023

Borrower Defense Claims Surpass 750,000. Consumers Empowered. Subprime Colleges and Programs Threatened.

The Higher Education Inquirer has posted a number of articles about student loan debt. In 2023, the student loan mess has reached epic proportions. Not only has the US Federal Student Aid debt portfolio reached more than $1.6 Trillion, we learned that $674 Billion was estimated to be unrecoverable. 

In California, the US District Court in Sweet v Cardona agreed to a $6 Billion settlement between student debtors and the US Department of Education. 

In Texas, a group representing for-profit colleges has sued the US Department of Education for their actions in settling Borrower Defense claims. 

And across the US, about 40 million student debtors and their families are awaiting a decision from the US Supreme Court—a decision that will not likely favor the debtors.

Borrower Defense, Subprime Colleges, Subprime Programs

Borrower Defense to Repayment claims are claims by student loan debtors that their school misled them or engaged in other misconduct in violation of certain state laws. The Department of Education may discharge all or some of the student loan debt and hold the school and its owners responsible. 

As of January 2023, there are more than three quarters of a million Borrower Defense claims against schools. And each month, about 16,000 new claims are added.  Evidence from the Sweet v Cardona case revealed that only about 35 workers were responsible for processing hundreds of thousands of claims. Those claims have been disproportionately made against a number of for-profit colleges and formerly for-profit colleges, what we call “subprime colleges.”   

Some of these subprime schools have closed (Everest College, ITT Tech, and Westwood College for example), some remain in business as for-profit colleges (like University of Phoenix and Colorado Tech), some have changed names and become covert for-profit colleges or robocolleges (like Purdue University Global, University of Arizona Global Campus, and the Art Institutes), and some schools act act like subprime colleges regardless of tax status. This includes low-return on investment programs at several US robocolleges and overly expensive graduate programs offered by 2U, an online program manager for elite colleges.  

In the Sweet v Cardona case, more than 200,000 student borrowers are expecting to receive full debt relief after years of struggling.  A Facebook group Borrower Defense-Sweet vs. Cardona currently has more than 14,000 members. 


Named plaintiffs Theresa Sweet (L) and Alicia Davis (R) outside the federal district court in San Francisco on November 6, 2022, three days before the final approval hearing in Sweet v Cardona (Image credit: Ashley Pizzuti)

Transparency and Accountability 

The US Department of Education keeps an accounting of Borrower Defense claims, but only publishes the aggregate numbers, not institutional numbers. Those institutional numbers do make a difference in promoting transparency and accountability for the largest bad actors. So why does the Department of Education not publish those institutional numbers?
 
The National Student Legal Defense Network submitted a FOIA (22-01683F) to the US Department of Education (ED) in January 2022 asking just for that information. And what HEI has discovered is that just a small number of schools garnered the lion's share of the Borrower Defense claims. To get a digital copy of that information, please email us for a free download.

Related links:

Borrower Defense-Sweet vs Cardona (Facebook private group)  

Project on Predatory Student Lending

Sweet v. Cardona Victory (Matter of Life and Debt podcast)

I Went on Strike to Cancel My Student Debt and Won. Every Debtor Deserves the Same. (Ann Bowers)

An Email of Concern to the People of Arkansas about the University of Phoenix (Tarah Gramza)


The Growth of "RoboColleges" and "Robostudents"


Wednesday, July 12, 2023

University of Phoenix and the Ash Heap of Higher Ed History

 (Updated September 14, 2023)

The University of Phoenix (or at least its name) may soon enter the ash heap of US higher education history--and rise again as a state-run robocollege.  But it shouldn't--at least not yet. Once hailed as the leader in affordable adult education for workers entering middle management, it is a shell of its former self--in an economy less certain for workers and consumers. 

With the school's wreckage are approximately one million people buried alive in an estimated $14B-$35B in student loan debt.  

Pattern of Fraud

As of January 2023, more than 69,000 of these student loan debtors have filed Borrower Defense to Repayment fraud claims with the US Department of Education against the University of Phoenix (UoPX). Many more could file claims when they become aware of their rights to debt relief. In the partial FOIA response below, the US Department of Education reported that 69,180 Borrower Defense claims had been made against the school.

In a recent federal case, Sweet v Cardona, most if not all of the 19,860 "denied" cases were overturned in favor of the student loan debtors.  We estimate the smaller number of fraud claims alone to amount to hundreds of millions of dollars.  

Through a FOIA request, we also discovered 6,265 consumer complaints in the FTC database. In 2019, the FTC and the University of Phoenix settled a claim for $191M for deceptive employment claims.  Based on the consumer complaints, we have no reason to believe that Phoenix has changed its behavior as a bad actor. 

On May 3, 2023, six US Senators (Warren, Brown, Blumenthal, Durbin, Merkley, Hassan) called for the US Department of Education, Department of Veterans Affairs, and Department of Defense to investigate the University of Phoenix for launching a new program suggesting that it was a public university.  The letter stated that the school "has long preyed on veterans, low-income students, and students of color."

Wolves in Sheep's Clothing

University of Phoenix's owners could potentially be liable for refunding the US government for the fraud. But as a state-related organization, it may be more politically difficult to claw back funds, no matter how predatory the school is.  

Purdue University Global and University of Arizona Global set a precedence in state-related organizations acquiring subprime schools (Kaplan University and Ashford University) and rebranding them as something better. Whether they are better for consumers is questionable. Phoenix will have to cut costs, largely by reducing labor. Using Indian labor (like Purdue Global) and AI could be profitable strategies.  It's likely that this deal, even if profitable, will add fuel to the growing skepticism of higher education in the US. 

University of Phoenix's Finances

Apollo Global Management and Vistria Group currently own University of Phoenix but have been trying (unsuccessfully) to unload the subprime college for more than two years. Little is publicly known about the school's finances. What is known is that UoPX gets about $800M every year from the federal government, through federal student loans, Pell Grants, GI Bill funds, and DOD Tuition Assistance.

Despite this government funding, US Department of Education data show the school's equity value for the Arizona segment declined significantly, from $361M in FY 2018 to $187M in FY 2021. 

$347M of the University of Phoenix's $518M in assets are intangible assets. Intangible assets typically include intellectual property and brand reputation. The school has $348M in liabilities.  

The University of Phoenix has been reducing expenses by cutting instructional costs, from $70M in FY 2020 to $60M in FY 2021. UoPX spends about 8 percent of its revenues on instruction.

Marketing and advertising expenses are not available, but Phoenix has been visible on the Discovery Channel's Shark Week, CBS' Big Brother, and other television events. ISpot.tv reports that University of Phoenix spends millions of dollars each year on television ads.  On one ad alone, the ad spend from February 2023 to July 2023 was an estimated $3.5M. 

Attempts to Sell UoPX

There have been two known potential buyers for the University of Phoenix: the University of Arkansas System and the University of Idaho. In both cases, the owners required the potential buyers to keep the deal secret until the sale was imminent.  

Fear of the impending higher education enrollment cliff appears to be an important pitch to potential buyers. 

Arkansas, the first target, was in the process of making the deal, and it might have gone through if nit for the voice of one whistleblower and one outstanding investigative reporter, Debra Hale Shelton of the Arkansas Times.

In the case of Idaho, news of the potential deal was publicly noted just one day before the preliminary agreement was made with the Idaho Board of Education. Two other secret meetings were held before that.  

A number of journalists including Kevin Richert (Idaho EdNews), Laura Guido (The Idaho Press), Troy Oppie (Boise State Public Radio), and Noble Brigham (Idaho Statesman) have exposed some of the problems and potential problems with the deal.  In June, Idaho legislators began questioning the acquisition.  

More recently, the opinion editor at the Idaho Statesman argued that the deal may actually be worthwhile

Particulars about the finances are sketchy at best and misleading at worst.  The University of Phoenix is said to include $200M in cash in the deal, but they have not said how much of that sum is required by law as "restricted cash"--money the school needs if the Department of Education needs to claw back funds.  Phoenix also claims to be highly profitable, but without showing any evidence.  

What is known about the deal is that the University of Idaho will have to borrow $685M and put its (bond) credit rating at risk. The school has not identified important information how the bonds would be sold (underwriters, bond raters, date to maturity, interest rate). 

The University of Idaho has created an FAQ to answer questions about the sale, but HEI has identified a number of misleading statements about University of Phoenix's present finances (failure to report the school's equity), potential liability (cost of tens of thousands of Borrower Defense claims), and leadership (lack of background information about Chris Lynne, the President of the University of Phoenix).  These deficiencies have been reported to the University of Idaho and to the Representative Horman. 

On June 20, Idaho Attorney General Raul Labrador filed a lawsuit to halt, or at least slow down the deal. 

The University of Idaho submitted a Pre-Acquisition Review from the US Department of Education, and it may take up to three months before the application is completed. 

As of September 2023, the deal is far from done.  Since this article was first published there have been a number of developments:

On September 11,  US Senators Elizabeth Warren, Dick Durbin, and Richard Blumenthal called on University of Idaho President Green to abandon the sale.  The Senators also asked Green if he had a plan to pay for the Borrower Defense claims, noting that University of Arizona may be on the hook for thousands of claims against Ashford University (aka University of Arizona Global campus).

In November, the Joint Finance-Appropriations Committee of the Idaho Legislature is expected to discuss the issue again.

*The Higher Education Inquirer has made a FOIA request for more up-to-date numbers from the US Department of Education. We have also filed FOIA requests with the FTC. 


Related link: 

How University of Phoenix Failed. It's a Long Story. But It's Important for the Future of Higher Education.

The Growth of "RoboColleges" and "Robostudents"

More Transparency About the Student Debt Portfolio Is Needed: Student Debt By Institution

Borrower Defense Claims Surpass 750,000. Consumers Empowered. Subprime Colleges and Programs Threatened.

Tuesday, January 28, 2025

The future of the US Department of Education: 8 tips for journalists covering the agency under Trump’s second term

The U.S. Department of Education, one of the federal government’s smallest Cabinet-level agencies, operates programs across every level of education. With an annual budget of about $242 billion, it helps fund approximately 98,000 public schools and 32,000 private schools serving kindergarten through grade 12 as well as thousands of colleges, universities, vocational schools and other higher education institutions.

During his reelection campaign, President Donald Trump pledged to close the U.S. Department of Education if he returned to the White House. In the months leading to his inauguration on Monday, some Republican state leaders and members of Congress expressed support for his proposal, although it is still unclear how he would implement it.

In Oklahoma, for example, Ryan Walters, the state superintendent of public instruction, has formed a committee to oversee the changes in federal education policy he expects the Trump administration to make.

“The education system has needed these reforms for decades,” Walters told FOX23 News Tulsa in November. “We’re going to be the first state ready to go to enact them.”

Even if the federal Education Department remains intact, which academic researchers and other experts assert is most likely, there probably will be changes. Trump has said he plans to use federal funding as leverage to limit what he considers “left-wing indoctrination” in K-12 schools and higher education institutions.

He has made it clear that he opposes so called “diversity programs” as well as school vaccine requirements, teaching critical race theory in K-12 classrooms and allowing transgender students to participate in sports that align with their gender identity.

“The big question isn’t whether the Department of Education is going to go away -- I think the big question is what it’s going to do,” says education historian Jonathan Zimmerman, a professor at the University of Pennsylvania who wrote the books Whose America? Culture Wars in the Public Schools and The Amateur Hour: A History of College Teaching in America.

We created this tip sheet to help journalists tackle this very complicated issue. Below, we spotlight eight tips to help you better understand the Education Department’s role, put Trump’s plan into historical context, and examine possible consequences for students, families, educators and their communities.

1. Make clear what the U.S. Department of Education does and that most of its funding is spent on programs for adults.

Many people don’t realize the U.S. Department of Education spends most of its budget on education and training for adults, namely college students, students enrolled in career and technical programs, and people with disabilities who need help finding jobs. In fiscal year 2024, the Education Department spent about $161 billion -- 60% of its $268 billion budget -- to fund its office of Federal Student Aid, the country’s largest provider of student financial aid.

Another $2 billion went to the Office of Career, Technical, and Adult Education, which administers a variety of education and training programs for adults, including adults with disabilities and incarcerated individuals. About $4 billion went to the Office of Postsecondary Education, which, among other things, provides grants for colleges controlled by tribal governments and for other minority serving institutions. The Rutgers Center for Minority Serving Institutions maintains a list of MSIs, which are public and private colleges and universities that serve a large percentage of Black, Hispanic, Asian or Indigenous students.

K-12 public schools receive relatively little money from the U.S. Department of Education. In fact, less than 8% of public school revenue came from federal agencies, including the Education Department, before COVID-19 reached the U.S. in 2020. Since then, the federal government has sent schools a combined $189.5 billion in emergency aid to help them deal with the wide-ranging impacts of the pandemic.

This temporary infusion of money bumped the federal government's share of public school funding to 13.7% during the 2021-22 academic year, the most recent year for which data is available.

The U.S. Department of Education’s largest K-12 programs are grant programs, designed to help public schools afford the higher cost of educating certain groups of students. For example, special education grants help schools pay for education and services for students with disabilities until they turn 21 years old. The Title I program, which gets its name from Title I of the federal law known as the Elementary and Secondary Education Act, provides financial assistance to schools where at least 40% students come from lower-income families.

A key function of the U.S. Department of Education is investigating civil rights complaints at K-12 schools, colleges, universities, trade schools and the other institutions it funds. Meanwhile, the agency’s research arm, the Institute of Education Sciences, collects a variety of education data and publishes regular reports on topics such as K-12 student demographics, high school graduation rates, college costs and college enrollment trends.

2. Note that some federal education programs are funded by other government agencies.

Much of the public probably does not realize that several major education programs are not run by the U.S. Department of Education. For example:

  • Head Start, which provides education-related services to preschool children from low-income families, is funded by the U.S. Department of Health and Human Services.
  • The National School Lunch Program and the School Breakfast Program are funded by the U.S. Department of Agriculture.
  • While the Education Department provides some funding for K-12 schools controlled by tribal governments, most comes from the Bureau of Indian Education, part of the U.S. Department of the Interior. Some K-12 schools located on tribal land are operated and funded by the Bureau of Indian Education, which also funds and operates two tribal higher education institutions: the Haskell Indian Nations University in Kansas and the Southwestern Indian Polytechnic Institute in New Mexico.
  • The GI Bill, which helps military veterans and their family members pay for college and other types of education, is funded by the U.S. Department of Veterans Affairs.
  • The primary federal agencies that provide research funding to colleges and universities are the National Science Foundation, Department of Defense, Department of Health and Human Services, Department of Energy, National Aeronautics and Space Administration and Department of Agriculture.

3. Emphasize that closing the U.S. Department of Education has been a goal of conservative politicians for decades.

Several high-ranking Republicans have sought to eliminate the Education Department since it opened in 1980 under Democratic President Jimmy Carter. Ronald Reagan, who won the presidential election that year, announced his plan to shutter it during his first State of the Union address.

“In campaigning for the presidency, Mr. Reagan called for the total elimination of the U.S. Department of Education, severe curtailment of bilingual education, and massive cutbacks in the federal role in education,” education historian Gary K. Clabaugh writes in “The Educational Legacy of Ronald Reagan,” published in the academic journal Educational Horizons in 2004.

Bob Dole, the Republican presidential nominee in 1996, also advocated for closure, as did Trump and several other Republicans competing for the U.S. presidency in 2024. Former Vice President Mike Pence, Florida Gov. Ron DeSantis, North Dakota Gov. Doug Burgum and biotech entrepreneur Vivek Ramaswamy have all said they would eliminate the Education Department.

Shortly after Trump’s reelection in November, U.S. Sen. Mike Rounds, a Republican from South Dakota, introduced the “Returning Education to Our States Act.” The bill seeks to abolish the Department of Education and transfer its programs and responsibilities to other federal agencies. For example, the Department of the Treasury would take over federal financial aid programs and the Department of Health and Human Services would administer the special education program.

U.S. Rep. Thomas Massie, a Republican from Kentucky, introduced bills in 2017, 2019, 2021 and 2023 to either terminate or reduce the size of the Education Department.

4. Explain what it would take to close the U.S. Department of Education. 

Closing the Education Department would require federal legislation and, likely, a supermajority vote in the U.S. Senate. Although senators can pass bills with a simple majority vote, it takes a supermajority vote to halt discussion on a bill so a vote can take place.

That means that unless the Senate eliminates its filibuster rule, which often has been used to block controversial legislation, three-fifths of senators would have to vote in favor of closing the debate on such a bill to allow a vote. Political observers have said they doubt 60 of the 100 senators would vote in favor of that. Only 53 are Republicans.

Less than two years ago, the U.S. House of Representatives considered a legislative amendment that endorsed moving K-12 education programs out of the Department of Education. It failed, with 60 Republicans and 205 Democrats voting against it.

The Education Department generally enjoys bipartisan support, Pedro Noguera, dean of the Rossier School of Education at the University of Southern California, explained recently on a podcast he co-hosts and in an essay he co-wrote for The Hill.

“There are a lot of red states, red communities across the country that benefit from the policies and the programs,” Noguera said on the “Sparking Equity” podcast.

Education scholar Frederick Hess supports closing the department but says it will not happen. Not only do Republicans lack the votes to make the change, they have shown little interest in cutting programs that serve lower-income kids and kids with disabilities, says Hess, an executive editor of the Education Next journal, which, like The Journalist's Resource, is housed at Harvard Kennedy School.

Hess is also director of education policy studies at the American Enterprise Institute, a conservative-leaning think tank, and the author of several books on education policy, including "Getting Education Right: A Conservative Vision for Improving Early Childhood, K–12, and College" and "The Great School Rethink."

"What really matters for people who want to shrink the federal role or change it is: What are we changing about spending and rules and regulations?" he says, adding that journalists need to examine how the current rules for spending federal education dollars harm K-12 students. For one, he notes, they create a lot of paperwork for teachers at a time when public schools are struggling to hire and retain teachers, particularly special education teachers.

Says Hess: "There's a real opportunity here to look at the role of federal aid and the use of federal funds -- how are they used and are they actually creating budgetary problems rather than solving them?"

5. Provide your audiences with a realistic sense of how K-12 and higher education could be affected by an Education Department closure.

Educators, school administrators, policymakers and academic researchers have all speculated on how an Education Department closure could impact federal education funding and programs. Ten journalists from the Hechinger Report, a nonprofit news outlet that focuses on education issues, teamed up recently to examine that question. The resulting article is a must-read for journalists covering this topic.

Among its main takeaways: Abolishing the agency would not undo federal laws that established federal funding for K-12 programs that serve some of the nation’s most marginalized students, including students with disabilities and those from lower-income families. “But doling out that money and overseeing it could get messy,” the outlet reports.

Marguerite Roza, a research professor who studies education finances at Georgetown University, has said funding for K-12 schools probably would not change much.

“We've been telling school districts, ‘Don't expect massive changes in your federal dollars,’” Roza, who directs Georgetown’s Edunomics Lab, said in a Dec. 12 interview on a podcast produced by the right-leaning Defense of Freedom Institute for Policy Studies.

Meanwhile, higher education scholars like Marybeth Gasman, the Samuel DeWitt Proctor Endowed Chair in Education at Rutgers University, are concerned about college funding. She’s especially worried about funding aimed at helping marginalized youth get to and through college. Trump and some other conservative lawmakers have expressed disdain for so-called “diversity programs.”

A drop in funding could be devastating for minority serving institutions, which serve close to half of all U.S. college students who are racial or ethnic minorities, says Gasman, who is also executive director of both the Rutgers Center for Minority Serving Institutions and the Samuel DeWitt Proctor Institute for Leadership, Equity & Justice

For example, 25% of Historically Black Colleges and Universities’ revenue came from the federal Education Department in fiscal year 2022, according to a report released last month by the State Higher Education Executive Officers Association. At the same time, most students enrolled at HBCUs qualify for Pell grants, a type of financial aid the Education Department offers lower-income students that they do not pay back.

Most minority serving institutions, commonly referred to as MSIs, are designated as Hispanic serving institutions because a large percentage of their students are Hispanic. They get 18% of their revenue directly from the Education Department grants. Many of their students also qualify for Pell grants.

“There needs to be more exploration into the ramifications of Trump’s presidency on MSIs,” Gasman says. “If they change loan forgiveness [policies], if they change Pell [grants], if they change aid to MSIs, it will have profound impacts.”

6. Evaluate how well the U.S. Department of Education runs its programs.

When President Jimmy Carter signed the Department of Education Organization Act, which created the Education Department, he said he wanted to ensure Americans got a better return on their investment in education. He said the new department would, among other things, save tax dollars and make federal education programs more accountable and responsive.

Has the department accomplished those goals? That’s a question journalists should try to answer for their audiences. Here are resources to get you started:

  • Investigative reports from the U.S. Government Accountability Office, often referred to as Congress’ watchdog. The office examines the use of public funds and makes recommendations for improvement.
  • Performance Results Reports and Congressional Reports compiled by the U.S. Department of Education’s Office of Inspector General. The purpose of that office is to “promote the efficiency, effectiveness, and integrity of the Department’s programs and operations through independent and objective audits, investigations, inspections, and other activities.”
  • The National Center for Education Statistics provides an assortment of data on various K-12 student groups, including students who participate in Title I, special education and English language acquisition programs. It also provides data on students who participate in federal higher education programs, including the graduation rates of lower-income college students who receive Pell grants, one type of federal financial aid.
  • The Congressional Research Service, which assists Congress in researching issues and creating laws and policies, regularly releases reports focusing on Education Department programs.
  • Researchers have studied the effectiveness of the Title I program specifically, although no academic articles have been published in recent years. An analysis from George Mason University’s School of Policy, Government and International Affairs, updated in 2015, looks at the results of national assessments of the Title I program conducted from 1966 to 2013. It finds “little evidence that Title I has contributed significantly to closing achievement gaps nationwide.” A 2015 analysis by the Brookings Institution, a centrist think tank, asserts that the Title I program “doesn’t work,” in part because Title 1 “is spread so thin that its budget of $14 billion a year turns out not to be much money.”
  • Some school districts have hired the American Institutes for Research to review their special education programs. A handful of recent reviews are posted on the organization’s website, and others could be obtained directly from school districts through public records requests.
  • Several academic journal articles examine the burden of paperwork associated with federal K-12 education programs. In a paper published in 2023, for example, researchers write that “excessive paperwork” is a main reason special education teachers leave the field.
  • A June 2024 analysis from EdSource, a nonprofit news outlet in California, finds that students who are learning to speak English do worse on California’s state exam the longer they are enrolled in the federal English language acquisition program.
  • Many news outlets have reported on the Education Department’s botched rollout of the new FAFSA -- the Free Application for Federal Student Aid -- that students must submit to determine their eligibility for college grants and loans.

7. Find out whether state Education Departments are prepared to take on additional duties if the U.S. Department of Education closes.

Trump and many other influential Republicans want states to oversee their own education programs. But it is unclear which responsibilities would be transferred from the federal Education Department and how changes would be rolled out. What also is unclear is whether individual states are ready and able to take on these new duties.

It’s well known that state and local governments struggled with staffing during the COVID-19 pandemic, particularly in law enforcement, public health and education. Hiring has picked up recently, but some human resource managers have reported an uptick in resignations and retirements, according to a 2024 analysis conducted on behalf of the National Association of State Personnel Executives and the Public Sector HR Association. Some of the hiring officials surveyed for that report also said they expect a major wave of retirements during the next few years.

Veteran education journalist Daarel Burnette recommends journalists visit state Education Departments and look into how well they are handling their current workloads.

“You can just walk into those buildings and see rows and rows of empty desks -- they look like newsrooms,” says Burnette, a senior editor at The Chronicle of Higher Education and a former assistant managing editor and reporter for Education Week.

He notes that state education officials have been widely criticized for their response to the pandemic and the decline of K-12 students’ test scores in the wake of it. Individual legislators and the American Civil Liberties Union have requested investigations into the alleged misuse of schools’ COVID-19 relief funds.

The federal Education Department’s Office of the Inspector General has released several reports investigating individual state’s use of those funds. In December 2024, a subcommittee of the U.S. House of Representatives released a 557-page report examining the nation’s response to the pandemic, indicating that “[t]he unprecedented scale and lack of transparency in COVID-19 pandemic relief programs exposed vulnerabilities for waste, fraud, and abuse.”

8. Ask education experts about angles and issues you have not yet considered.

Even if the Education Department is not dismantled, close federal scrutiny could easily open the door for other conversations about funding cuts and changes to the agency’s programs and procedures. Journalists should ask education researchers and other experts for help identifying issues the public needs to know about.

Laura Enriquez, director of the University of California Collaborative to Promote Immigrant and Student Equity, urges journalists to look beyond their regular sources and ask about students the news media tend to overlook. For example, while journalists frequently report on how public policies affect unauthorized immigrants, their coverage does not often include children born in the U.S. to parents who are unauthorized immigrants, she says.

These individuals can face challenges accessing programs and services that government agencies provide to U.S. citizens. Last year, these students had trouble submitting their FAFSA forms to obtain financial aid for college if their parents did not have social security numbers, says Enriquez, who is also an associate professor of Chicano/Latino studies and director of the Center for Liberation, Anti-racism, and Belonging at the University of California, Irvine. 

“There are so many ways to tinker with aid award formulas and make the process more complicated than it already is for first-generation college students, racial minorities and citizens with undocumented parents,” she says.

She urges journalists to routinely ask themselves who is missing from their coverage. She adds: “The question you need to ask of yourself as a reporter is ‘Who else could be impacted through social ties?’ That’s a guiding question I wish more reporters asked of themselves.”

This article first appeared on The Journalist's Resource and is republished here under a Creative Commons license.

Friday, January 24, 2025

U.S. Department of Education's Trump Appointees and America First Agenda

The U.S. Department of Education has announced a team of senior-level political appointees who will support the implementation of President Trump’s America First agenda.  

The Trump Administration, by Executive Order, has already required colleges and universities to eliminate diversity, equity and inclusion measures and schools are scrambling to be compliant with this new federal policy. New policies may also affect grants from the Department of Health and Human Services, which includes the Food and Drug Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health.

Notable actions the Department of Education has already taken include: 

  • Dissolution of the Department’s Diversity & Inclusion Council, effective immediately;
  • Dissolution of the Employee Engagement Diversity Equity Inclusion Accessibility Council (EEDIAC) within the Office for Civil Rights (OCR), effective immediately and pursuant to President Trump’s Executive Order “Ending Radical and Wasteful Government DEI Programs and Preferencing”;
  • Cancellation of ongoing DEI training and service contracts which total over $2.6 million;
  • Withdrawal of the Department’s Equity Action Plan;
  • Placement of career Department staff tasked with implementing the previous administration’s DEI initiatives on paid administrative leave; and
  • Identification for removal of over 200 web pages from the Department’s website that housed DEI resources and encouraged schools and institutions of higher education to promote or endorse harmful ideological programs.

At least four appointees to the Department of Education, as well as including incoming Secretary of Education Linda McMahon, have worked at the America First Policy Institute (AFPI). AFPI's higher education proposals are posted here and noted at the bottom of this article. AFPI has been accused of using dark money to prevent student loan forgiveness and its rhetoric clearly advances this agenda.

Rachel Oglesby – Chief of Staff

Rachel Oglesby most recently served as America First Policy Institute's Chief State Action Officer & Director, Center for the American Worker. In this role, she worked to advance policies that promote worker freedom, create opportunities outside of a four-year college degree, and provide workers with the necessary skills to succeed in the modern economy, as well as leading all of AFPI’s state policy development and advocacy work. She previously worked as Chief of Policy and Deputy Chief of Staff for Governor Kristi Noem in South Dakota, overseeing the implementation of the Governor’s pro-freedom agenda across all policy areas and state government agencies. Oglesby holds a master’s degree in public policy from George Mason University and earned her bachelor’s degree in philosophy from Wake Forest University. 


Jonathan Pidluzny – Deputy Chief of Staff for Policy and Programs 

Jonathan Pidluzny most recently served as Director of the Higher Education Reform Initiative at the America First Policy Institute. Prior to that, he was Vice President of Academic Affairs at the American Council of Trustees and Alumni, where his work focused on academic freedom and general education. Jonathan began his career in higher education teaching political science at Morehead State University, where he was an associate professor, program coordinator, and faculty regent from 2017-2019. He received his Ph.D from Boston College and holds a bachelor’s degree and master’s degree from the University of Alberta. 

Chase Forrester – Deputy Chief of Staff for Operations 

Virginia “Chase” Forrester most recently served as the Chief Events Officer at America First Policy Institute, where she oversaw the planning and execution of 80+ high-profile events annually for AFPI’s 22 policy centers, featuring former Cabinet Officials and other distinguished speakers. Chase previously served as Operations Manager on the Trump-Pence 2020 presidential campaign, where she spearheaded all event operations for the Vice President of the United States and the Second Family. Chase worked for the National Republican Senatorial Committee during the Senate run-off races in Georgia and as a fundraiser for Members of Congress. Chase graduated from Clemson University with a bachelor’s degree in political science and a double-minor in Spanish and legal studies.

Steve Warzoha – White House Liaison

Steve Warzoha joins the U.S. Department of Education after most recently serving on the Trump-Vance Transition Team. A native of Greenwich, CT, he is a former local legislator who served on the Education Committee and as Vice Chairman of both the Budget Overview and Transportation Committees. He is also an elected leader of the Greenwich Republican Town Committee. Steve has run and served in senior positions on numerous local, state, and federal campaigns. Steve comes from a family of educators and public servants and is a proud product of Greenwich Public Schools and an Eagle Scout. 

Tom Wheeler – Principal Deputy General Counsel 

Tom Wheeler’s prior federal service includes as the Acting Assistant Attorney General for Civil Rights at the U.S. Department of Justice, a Senior Advisor to the White House Federal Commission on School Safety, and as a Senior Advisor/Counsel to the Secretary of Education. He has also been asked to serve on many Boards and Commissions, including as Chair of the Hate Crimes Sub-Committee for the Federal Violent Crime Reduction Task Force, a member of the Department of Justice’s Regulatory Reform Task Force, and as an advisor to the White House Coronavirus Task Force, where he worked with the CDC and HHS to develop guidelines for the safe reopening of schools and guidelines for law enforcement and jails/prisons. Prior to rejoining the U.S. Department of Education, Tom was a partner at an AM-100 law firm, where he represented federal, state, and local public entities including educational institutions and law enforcement agencies in regulatory, administrative, trial, and appellate matters in local, state and federal venues. He is a frequent author and speaker in the areas of civil rights, free speech, and Constitutional issues, improving law enforcement, and school safety. 

Craig Trainor – Deputy Assistant Secretary for Policy, Office for Civil Rights 

Craig Trainor most recently served as Senior Special Counsel with the U.S. House of Representatives Committee on the Judiciary under Chairman Jim Jordan (R-OH), where Mr. Trainor investigated and conducted oversight of the U.S. Department of Justice, including its Civil Rights Division, the FBI, the Biden-Harris White House, and the Intelligence Community for civil rights and liberties abuses. He also worked as primary counsel on the House Judiciary’s Subcommittee on the Constitution and Limited Government’s investigation into the suppression of free speech and antisemitic harassment on college and university campuses, resulting in the House passing the Antisemitism Awareness Act of 2023. Previously, he served as Senior Litigation Counsel with the America First Policy Institute under former Florida Attorney General Pam Bondi, Of Counsel with the Fairness Center, and had his own civil rights and criminal defense law practice in New York City for over a decade. Upon graduating from the Catholic University of America, Columbus School of Law, he clerked for Chief Judge Frederick J. Scullin, Jr., U.S. District Court for the Northern District of New York. Mr. Trainor is admitted to practice law in the state of New York, the U.S. District Court for the Southern and Eastern Districts of New York, and the U.S. Supreme Court. 

Madi Biedermann – Deputy Assistant Secretary, Office of Communications and Outreach 

Madi Biedermann is an experienced education policy and communications professional with experience spanning both federal and state government and policy advocacy organizations. She most recently worked as the Chief Operating Officer at P2 Public Affairs. Prior to that, she served as an Assistant Secretary of Education for Governor Glenn Youngkin and worked as a Special Assistant and Presidential Management Fellow at the Office of Management and Budget in the first Trump Administration. Madi received her bachelor’s degree and master of public administration from the University of Southern California. 

Candice Jackson – Deputy General Counsel 

Candice Jackson returns to the U.S. Department of Education to serve as Deputy General Counsel. Candice served in the first Trump Administration as Acting Assistant Secretary for Civil Rights, and Deputy General Counsel, from 2017-2021. For the last few years, Candice has practiced law in Washington State and California and consulted with groups and individuals challenging the harmful effects of the concept of "gender identity" in laws and policies in schools, employment, and public accommodations. Candice is mom to girl-boy twins Madelyn and Zachary, age 11. 

Joshua Kleinfeld – Deputy General Counsel 

Joshua Kleinfeld is the Allison & Dorothy Rouse Professor of Law and Director of the Boyden Gray Center for the Study of the Administrative State at George Mason University’s Scalia School of Law. He writes and teaches about constitutional law, criminal law, and statutory interpretation, focusing in all fields on whether democratic ideals are realized in governmental practice. As a scholar and public intellectual, he has published work in the Harvard, Stanford, and University of Chicago Law Reviews, among other venues. As a practicing lawyer, he has clerked on the D.C. Circuit, Fourth Circuit, and Supreme Court of Israel, represented major corporations accused of billion-dollar wrongdoing, and, on a pro bono basis, represented children accused of homicide. As an academic, he was a tenured full professor at Northwestern Law School before lateraling to Scalia Law School. He holds a J.D. in law from Yale Law School, a Ph.D. in philosophy from the Goethe University of Frankfurt, and a B.A. in philosophy from Yale College. 

Hannah Ruth Earl – Director, Center for Faith-Based and Neighborhood Partnerships

Hannah Ruth Earl is the former executive director of America’s Future, where she cultivated communities of freedom-minded young professionals and local leaders. She previously co-produced award-winning feature films as director of talent and creative development at the Moving Picture Institute. A native of Tennessee, she holds a master of arts in religion from Yale Divinity School.

AFPI Reform Priorities

AFPI's higher education priorities are to:

 Related links:

Trump's Education Department dismantles DEI measures, suspends staff (USA Today) 

Friday, March 28, 2025

Borrower Defense Case Goes to US Supreme Court. How will it decide?

On January 10, 2025, the U.S. Supreme Court granted the Department of Education’s petition for a writ of certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s decision in Career Colleges and Schools of Texas v. Department of Education. The Fifth Circuit had preliminarily enjoined the 2022 Borrower Defense to Repayment (BDR) final rule on a nationwide basis. This rule, published on November 1, 2022 (87 Fed. Reg. 65,904), is a key component of the Biden administration’s broader student loan forgiveness efforts.

The Supreme Court’s review will focus on one pivotal question: whether the court of appeals erred in holding that the Higher Education Act does not permit the assessment of borrower defenses to repayment before default, in administrative proceedings, or on a group basis. Notably, the Court will not address the second question posed by the Department: whether the appeals court erred in ordering the district court to grant preliminary relief on a universal basis.

Background and Legal Battle

The lawsuit originated on February 28, 2023, when the Career Colleges and Schools of Texas (CCST) filed in the United States District Court for the Northern District of Texas. CCST sought to enjoin and vacate the 2022 BDR rule, arguing that it creates unlawful processes, serves no legitimate purpose under the Higher Education Act, and constitutes executive overreach by the Biden administration, violating the Department’s statutory authority and the Constitution’s separation of powers.

After the U.S. District Court for the Western District of Texas denied the preliminary injunction, CCST pursued an interlocutory appeal to the Fifth Circuit. On April 4, 2024, the Fifth Circuit overturned the lower court’s decision and, despite the Department’s objections, postponed the effective date of the 2022 BDR rule pending final judgment. The Department’s petition for rehearing was denied, prompting its appeal to the Supreme Court.

What’s at Stake

The Supreme Court’s decision will likely have significant consequences for both borrowers and institutions. If the Court rules against the Department of Education, it could severely limit the scope of borrower defense claims, especially on a group basis, making it harder for defrauded students to receive relief. For-profit colleges and other institutions might feel emboldened to challenge similar regulations and forgiveness measures.

A ruling in favor of the Department, while seemingly less likely given the Court’s conservative majority, would affirm the Biden administration’s approach to processing borrower defenses and may secure loan forgiveness for thousands of borrowers who attended predatory institutions.

The Political Dimension

The timing of this case is crucial. Just days before the Supreme Court granted certiorari, the Biden administration announced the cancellation of loans for 150,000 borrowers—most of which were through the borrower defense process. Shortly afterward, additional forgiveness for income-based repayment plan borrowers and individual borrower defense approvals was announced. However, the future of these forgiveness efforts remains uncertain, as the second Trump administration has signaled intentions to rollback or revise Biden’s loan forgiveness policies.

A Conservative Court’s Approach to Executive Power

Given the Supreme Court’s current composition and its recent track record in cases like West Virginia v. EPA, it seems likely that the justices will scrutinize the executive authority wielded in crafting the BDR rule. The conservative majority may favor a narrow interpretation of the Higher Education Act, signaling that large-scale forgiveness should come from Congress rather than executive agencies.

Conclusion

The Supreme Court’s ruling on the 2022 BDR rule will set a precedent that could define the future of student debt relief and the Department of Education’s authority. For borrowers hoping for widespread relief, the outcome could mean the difference between long-awaited forgiveness and a protracted legal battle. For institutions, particularly for-profits, a ruling against the Department could bolster their resistance to accountability measures.

Tuesday, January 2, 2024

Predatory Colleges, Converted To Non-Profit, Are Failing (David Halperin)

About a dozen years ago, owners of some of the biggest, worst-acting for-profit colleges began concocting, with their eager, high-paid lawyers, schemes to convert their schools into non-profits. The apparent aims were to evade the heightened government regulations applied uniquely to for-profit schools in order to guard against waste, fraud, and abuse — and to escape the growing stigma that the industry’s predatory behavior had placed on for-profits.

The clever schemes have come in various colors, yet most of them potentially allowed the sharp operators to keep making big money off the schools they no longer formally owned but, one way or another, still controlled. These dubious deals, mostly blessed by servile government departments and accrediting agencies, have made a mockery of non-profit rules, and, much worse, have helped sustain another decade of predatory college abuses against students and taxpayers, resulting in the waste of billions of dollars and the ruining of the financial futures of tens of thousands of people — veterans, single moms, and others — who sought better lives through higher education.

Yet, just as the private equity owners of the University of Phoenix, historically one of the biggest for-profit schools, are now trying to execute yet another dubious version of this scheme — getting a pile of cash by unloading the school on Scott Green, the hubristic president of the University of Idaho, and potentially allowing the current, high-paid executive team to stay employed — it seems, increasingly, that many of these non-profit conversions are not just harmful to the public but also ultimately unsustainable for the operators.

Here’s what’s been happening lately:

— Last week, the Federal Trade Commission sued Grand Canyon University and its CEO, asserting that the school deceived doctoral students about the costs and course requirements of programs — and about the school’s claimed nonprofit status. The FTC also alleges that Grand Canyon engaged in deceptive and abusive telemarketing.

The FTC lawsuit follows an October announcement by the U.S. Department of Education that it is imposing a $37 million fine on Grand Canyon based on similar allegations.

Grand Canyon CEO Brian Mueller has responded to the FTC and education department investigations with a remarkable series of pronouncements suggesting that the moves against his self-proclaimed Christian university are rooted in religious or ideological bias. But, in reality, Grand Canyon’s troubles with regulators began not in the Biden administration, which has cracked down on for-profit college abuses, but under Trump education secretary Betsy DeVos, a Christian conservative who staffed her office with former for-profit college executives and did almost nothing else over four years to hold predatory colleges accountable.

Grand Canyon in 2018 had restructured itself into two entities: a non-profit college, GCU, and a for-profit company, Grand Canyon Education (GCE), that gets paid to provide a range of services to the school. Even though the IRS already had declared GCU a legitimate non-profit, the DeVos Department of Education in 2019 rejected the school’s bid for preferred non-profit status under federal education rules, concluding that “the primary purpose” of the Grand Canyon conversion to non-profit was “to drive shareholder value for GCE with GCU as its captive client — potentially in perpetuity.” The DeVos team couldn’t help but notice that Brian Mueller is the well-paid head not only of the non-profit school but also of the for-profit company has been getting about 95 percent of the non-profit college’s revenue.

Together, the Department and FTC actions call into question not only the integrity of Grand Canyon’s recruiting and academic operations, but also its effort to be accepted as non-profit.

— Last month, the Department of Education took another step to hold accountable the non-profit Center for Excellence in Higher Education, whose schools, the largest of which was Independence University, shut down in 2021. The Department demanded $23 million from CEHE to pay for “closed-school discharges” — reimbursement for cancellation of federal student loan debts that former students had owed the government. The Department in July already had cancelled $130 million in federal loan debt from former CEHE students, citing school misconduct; the Department could potentially seek to recoup all those funds from CEHE.

The ultra-wealthy Ayn Rand disciple Carl Barney owned the schools until 2012, when he sold them at a hefty valuation to CEHE, a small non-profit that he controlled. Seemingly sleepy career officials at the Department of Education approved the transaction in the Obama years, but public scrutiny raised doubts about the appropriateness of the deal.

Like Grand Canyon, CEHE’s abuses were by no means limited to the terms of the non-profit conversion. In 2020, a Colorado court found the company had engaged in systematic deceptive practices. Barney’s schools, the court concluded after an extensive trial, used a detailed playbook to manipulate vulnerable students into enrolling in high-priced, low-quality programs; directed admissions representatives to “enroll every student,” regardless of whether the student would likely graduate; greatly overstated starting salaries that graduates could earn; and falsely inflated graduation rates. CEHE has been pursuing an appeal, but in 2021, the accrediting agency for the schools withdrew approval, citing performance failures, and the Department of Education soon after tightened the screws on federal aid, precipitating the schools’ closure.

CEHE is a mess. It no longer runs any schools or gets any federal aid; instead its functions seem to be limited to trying to get former students to pay back the sketchy, high-interest private loans the school peddled, and engaging in legal disputes with the federal government; these include a pending fraud lawsuit filed by a CEHE whistleblower and joined by the Justice Department, an investigation of CEHE’s private loans by the Consumer Financial Protection Bureau, and a lawsuit for $500 million brought by CEHE against the government alleging the schools were “a victim” of a campaign by the Department of Education “in coordination with ideological confederates… to cripple and close as many private career colleges as possible.” The Department also has suspended CEHE CEO Eric Juhlin from federal contracting.

— Another of the worst predatory for-profit schools is Ashford University, whose corporate owner Zovio pursued several different schemes for a non-profit conversion before finally selling the college to the University of Arizona, whose president, Robert Robbins, had been pressured by state regents to expand its online offerings.

Zovio’s scheme was to hide behind the prestige and political power of a big state university and yet keep getting for itself hundreds of millions off the school, now called University of Arizona Global Campus, through a long-term contract to provide recruiting, academic, and other services.

But that plan was thwarted after a California judge, in 2022, found Zovio liable for blatant deceptions of Ashford students and imposed $22 million in penalties. By law, the California judgment should compel the Department of Education to terminate federal aid to the school. Although Zovio pursued an appeal, it was discredited, bowed out of its contract to serve UAGC, transferred its infrastructure to the University of Arizona, and shut down.

But, with Zovio out of the picture, what was obvious to some even before the deal closed seems to have played out: Most of what Arizona had purchased, most of what made money, was not some supercharged high tech education platform but instead a predatory playbook and a staff trained to execute it. UAGC may not be able to pay its bills even if it keeps up with Ashford’s old predatory practices, but it almost certainly can’t do so if it tries to go straight. In November, President Robbins admitted that the University of Arizona’s overall financial situation is fragile, with cash reserves below minimum levels. Robbins said the school had “overinvested,” and school document revealed that one such exertion was the deal to buy Ashford, which “added $265.5 million in operating costs…”

Arizona’s financial woes from the Ashford deal may grow. Former Ashford students say they were ripped off and, as a result, have applied to have their federal student loans cancelled under a provision of law called borrower defense to repayment. In August, the U.S. Department of Education said it would cancel $72 million worth of loans because of Ashford’s deceptions. The Department also said it would use its legal powers to recoup those funds from Ashford’s owner, meaning the University of Arizona. UA says in response it had “absolutely no involvement in, and is not directly or indirectly responsible for, the actions of Ashford and its parent company” and will be “assessing its options.” But, reading the school’s agreement with Zovio, Arizona may be out of luck on that score.

— In contrast to Zovio’s fate, Graham Holdings has not been forced out of the 2017 deal in which it sold predatory for-profit Kaplan University to an Indiana state institution, Purdue University. Graham continues to hold a contract to provide a wide range of services to the school, now called Purdue University Global — a deal that Purdue is locked into for a 30-year term.

The Graham/Kaplan schools repeatedly faced law enforcement problems for predatory abuses against students before the sale. But the schools did better exercising political influence: The company’s head, Donald Graham, is a hyper-connected Washington insider; the business, long run by his family, was previously called The Washington Post Company, before it sold the newspaper to Jeff Bezos. Graham exploited his power and connections in DC to become the most effective lobbyist pressuring the Obama administration and Congress not to push too hard on for-profit college accountability; his protege Jeffrey Zients held key positions in the Obama White House, as did Anita Dunn, whom, once she left government, Graham hired to tell his schools’ supposedly compelling story to lawmakers. Dunn and Zients are now perhaps the two most powerful staffers in the Biden White House.

Having utilized his tight connections to key Democrats in the Obama years, Graham then took advantage of the lax regulatory environment under Republicans Trump and DeVos to do his troubling non-profit conversion deal with another top Republican politico, then-Purdue president Mitch Daniels, a former Indiana governor and White House official, who may have been dazzled by Graham’s big money ties, including his status as an ex-Facebook board member, and seen Kaplan as the road to a high-tech future.

But this effort to put state college lipstick on a for-profit pig may be failing as well. As Forbes noted last month, Graham Holdings‘ November filing with the SEC says Purdue Global owes the company $127.8 million — perhaps more than the school, structured as a non-profit associated with Purdue University, would be able to pay. Cutting costs at the school in order to pay Graham Holdings’ fees would likely mean lower-quality educational programs. Boosting enrollment for lower-quality programs would likely mean accelerating the deceptive recruiting practices, targeted at low-income Americans, that sullied Kaplan in the first place. Doing all of that at a time when the Biden administration, to its great credit, is working diligently to hold predatory schools accountable would be risky.

Don Graham’s best shot at continuing to make millions off Purdue Global may be for his long-time allies in the Biden administration to fail this year, and give way again to a president Trump, who once ran his own scam real estate school and likely would identify with Graham’s sense of victimhood about the persecutions of great for-profit educators.

— Finally, there is ultra-wealthy Arthur Keiser and his Keiser University, whose 2011 conversion from for-profit to non-profit was comparable to Carl Barney and CEHE: a sale of the for-profit school owned by Keiser, at a remarkably high valuation, to a non-profit controlled by Keiser. In addition to the inflated loan payments Keiser has since received from the non-profit, there are a range of businesses owned by Keiser that sell various services to the non-profit. Even worse, as we have documented, there is a highly questionable mingling of resources and personnel between the non-profit Keiser University and Southeastern College, another for-profit school owned by Arthur Keiser and his wife.

Keiser University seems to have come the closest to thriving after a shady non-profit conversion, but its troubles are now growing.

Arthur Keiser has gone all the way to the U.S. Supreme Court, with his expensive lawyers trying, but so far failing, to block a landmark court settlement aimed at cancelling the student loan debt of hundreds of thousands of ex-students who have filed borrower defense claims, saying they were deceived by their schools. His complaint is that Keiser University was, for purposes of the deal, unfairly placed by the U.S. Department of Education on a list of presumptively bad-acting colleges when, he insists, “There’s no evidence of misconduct.”

But Keiser’s claim of innocence is just another deception.

Like all the other schools with troubling conversions, Keiser University also has repeatedly gotten in trouble with law enforcement, and settled claims, including with then-Florida attorney general Pam Bondi and with the U.S. Justice Department, over allegations of deceptive and unlawful recruiting practices. And recent staff members have told us about predatory behavior still happening at the school, including recruiting of low-income people seemingly unprepared for college programs and of people with insufficient English language skills to understand the course work.

Keiser University also has been in trouble recently with three different accreditors of specific school programs, who have placed the school on warning, probation, or show cause status due to concerns about matters including program effectiveness and certification exam passage rates.

The non-profit conversion also has, finally, gotten Keiser University in trouble; the school admitted under congressional questioning in 2021 that the IRS imposed a penalty on the school for improperly steering profits to Arthur Keiser by entering into leases above fair market value with Keiser-related for-profit companies. Senior Democrats in Congress, including senators Dick Durbin (D-IL) and Elizabeth Warren (D-MA) have called on the U.S. Department of Education to investigate Keiser’s schools, which have received billions in taxpayer-funded student financial aid.

And, in November 2022, the Department determined that Keiser University’s accreditor, SACS, was out of compliance with numerous federal regulations and directed it to provide more information regarding its oversight of Keiser University and the school conversion to non-profit.

As part of the Department of Education’s regular oversight process for accreditors, I recently wrote to the Department, for a second time, urging it to hold SACS accountable unless it takes steps to address the conversion deal and predatory practices at Keiser’s schools. I hope that will happen, and that the Department itself will take steps to protect students by imposing conditions on Keiser’s future receipt of federal aid.

— Conversion from for-profit to non-profit has not prevented serious financial and / or legal problems at all of the schools we’ve discussed. In recent years, government regulators, accreditors, courts, and students have seen through the conversions, recognizing that predatory for-profit schools — with greedy owners, deceptive practices, poor value educational programs, and low return on student and taxpayer investment — remain predatory schools even when dressed up as non-profit colleges or big state universities. (The conversion of another huge predatory chain, EDMC, to non-profit also has been a disaster.)

Yet somehow the president of the University of Idaho, Scott Green, continues to insist he will be serving his school, and students, by acquiring, through an affiliated new non-profit, the giant for-profit University of Phoenix from huge private equity firm Apollo Global Management. Green remains determined to buy and run Phoenix despite Phoenix’s long and continuing record of abuses and law enforcement problems, despite the enormous potential liability Idaho might assume for debt cancellation for former Phoenix students, and despite opposition from many leaders in his own state, as well as advocates for students across the country. If Green — whose team keeps claiming, falsely, that Phoenix is under honest new management — and the Idaho state board of education can’t look objectively at the evidence that past conversions have been a moral disgrace, and a disaster for school operators, as well as students and taxpayers, then others in his state, the University of Idaho’s accreditor, and the U.S. Department of Education, should act to block the deal.

[Editor's note: This article originally appeared on Republic Report.]