News, Views and Careers for All of Higher Education
April 19, 2007
A day after Education Secretary Margaret Spellings made a major concession to one Democratic member of Congress, another one asked her to do much, much more to rein in perceived abuses in the federal student loan programs.
Spellings announced late Tuesday that, in response to a request from Sen. Edward M. Kennedy (D-Mass.), the Education Department would temporarily bar banks, guarantors and other student loan entities from using the National Student Loan Data System, amid charges that some of them have tapped into the database inappropriately to collect personal information about borrowers for marketing purposes. That revelation, which was first reported in Sunday’s Washington Post, was one in a frenetic flurry of charges that have been made in recent weeks amid unfolding investigations by Congressional Democrats and New York Attorney General Andrew Cuomo into possible wrongdoing by lenders, college financial aid officials, and at least one department official.
Spellings made her announcement about the suspension of lenders’ access to the database in a letter in which she otherwise strongly defended the department’s efforts (which she described as significant) to monitor the student loan industry. That response clearly got the goat of Rep. George Miller (D-Calif.), who heads the House of Representatives Education and Labor Committee.
He issued a statement late Tuesday night saying the secretary had not gone nearly far enough, and on Wednesday, he went further, calling on her to adopt several “emergency reforms,” including suspending colleges’ use of lists of preferred lenders, ending “bribes paid by lenders,” and instructing the inspector general to “investigate all senior Department of Education employees that work on higher education issues to ensure they have no conflicts of interest with student lenders.”
And in a conference call with reporters, Miller used often harshly critical language to paint a picture of a student loan industry out of control and to accuse the Education Department of having more or less let it happen through inadequate oversight.
“At the very time that our nation’s students are struggling harder than ever to pay for college, it is clear that our nation’s federal student loan program has been hijacked by third parties more interested in boosting their bottom lines” than in helping students, Miller said, adding that the industry has been “spinning out of control under the watch of the Department of Education.”
At various points in the conference call, Miller:
The decision to restrict lender access to the student loan database is fine and well, Miller said, but it is “very clear that it is time for the secretary to step up and take responsibility for the entire program.”
He urged Spellings to take the following steps, which he argued she had the legal authority to do, as “emergency actions:”
Asked why he thought the department might embrace his calls for emergency actions now, when his underlying premise is that its officials have not acted aggressively thus far, Miller said that “if the department cannot understand all of the events that have come to light over the last 60 days and the angst this has got to cause students and families, it is simply out of touch.”
He said he was asking Spellings to act rather than introducing emergency legislation to accomplish the same goals because he was “trying to work cooperatively,” but said he had approached House leaders about scheduling a vote soon on the Student Loan Sunshine Act, legislation that he and Kennedy and others introduced that would require significantly more disclosure and restrict some of the contested practices (though it would, for instance, limit rather than bar preferred lender lists).
Miller also said he did not intend to ask department officials to testify at a hearing scheduled for next week, at which Cuomo, whose investigation in New York has turned up the heat on the student loan industry, will be the only witness, Miller said.
Spellings did not respond directly to Miller’s heated rhetoric or to his calls for specific actions in the loan scandal. In a response released Wednesday evening, Katherine McLane, a spokeswoman for the secretary, responded much more generally to Miller’s suggestion that she wasn’t putting students’ interest first, and noted obliquely that the department has been examining possible changes in the loan programs through a federal negotiating process.
Her full statement read: “The Department of Education has been actively engaged on higher education reform. As Chairman Miller knows, Secretary Spellings convened a commission two years ago that recommended reforms to make America’s higher education system more transparent, affordable and accessible. In addition, the Department has been working with schools, students and the higher education community through negotiated rulemaking to create reforms that work. Rather than abruptly pulling the plug on systems American families rely on, as the Chairman suggests, the Department has taken a more deliberative and comprehensive approach.”
Miller’s Republican counterpart on the House education committee, Rep. Howard P. (Buck) McKeon (R-Calif.), who headed the panel in the 109th Congress, said through a spokesman Wednesday that he plans to introduce his own legislation to deal with the student loan issues raised in the continuing investigations in New York and Washington. The spokesman, Steve Forde, said that McKeon “shares the concerns of Mr. Cuomo and others,” and “believes the Democrat bill (the Student Loan Sunshine Act) is a good starting point.”
Forde said McKeon’s measure would, among other things, seek to end “revenue sharing agreements” between lenders and colleges and fees paid to financial aid officers to serve on lender advisory boards. He questioned, however, whether ending preferred lender lists makes sense, or would leave students with less information about their loan options. “We need to make sure that in our breakneck pace to reform this industry, we don’t leave students in the dust,” Forde said.
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Miller used often harshly critical language to paint a picture of a student loan industry out of control and to accuse the Education Department of having more or less let it happen through inadequate oversight.
kgotthardt, at 8:10 am EDT on April 19, 2007
The sky is falling! The sky is falling! Again, not one iota of proof that even a single student has been hurt by any of this, yet we have one ultrareactionary member of Congress who sees an “emergency". No surprise. Since all of these political “leaders” see the success the AG Cuomo has had with his “new set of clothes” they all want their own duds. Somebody please explain to Mr. Miller what constitutes a real emergency e.g. Lack of body armor in Iraq, lack of port security in the U.S., Global Warming. In short, just about anything else except student loans.
BlindMan Describes Elephant, at 9:00 am EDT on April 19, 2007
I am all for eliminating inducements and the appearance of inducements, but as a recent law graduate, I have to ask, has anyone considered that preferred lender lists are actually HELPFUL to students? If my school had not had a preferred lender list, I would not have had any idea where to start my loan search. I probably would have gone to the local bank and ended up with a much higher rate than what I currently have. My parents are immigrants, and the idea of taking out nearly a hundred thousand in education loans was a hard enough sell without making it harder to understand the process and the terms that lenders provide. Keep preferred lender lists! As someone said above, the problem is not the interest rates (though they could be lower)—it’s the loan principal! Let’s work on reducing tuition before we all point fingers at the lenders. Tuition increases have far outpaced inflation over the past 30 years—but the knowledge that college graduates leave with is far less. Let’s start reversing the tuition trend, stop buying fancy electronic gadgets with little educational purpose, and start putting more money in pedagogical research.
SRK, at 10:05 am EDT on April 19, 2007
I would LOVE to tell you my story and others, indicating how many students have been screwed by the Student Aid system. www.studentloanjustice.org
kgotthardt, at 10:05 am EDT on April 19, 2007
Sooo. . . much to say and sooo. . . little time and space! Yet another case of too little too late! For years the regional staff of the Direct Loan Program had been feeding information into the Washington people responsible for the overall management of Federal Student Aid, not just Direct loans. We had conferences, training sessions, and all manner of meetings with our ‘Headquarters’ superiors regarding ALL these areas of concern and the effects, as we understood them, on the students/borrowers and the program. Not the least of the effects concerning us was knowing that we were charged with implementing the Federal Direct Student Loan Program (an incredible success story — never told) and then having our every turn undermined by the overriding ‘political agenda’ or just plain ignorance of the facts. You have stated correctly that the Department of Education through its lack of oversight (a term that should be clearly defined in other than Department of Education terms!!), its weakness in succumbing to the politics and the pressure brought to bear by the lenders, secondary markets and other financially interested parties, and myriad other factors, not the least of which is the Congress itself with its ‘enabling’ laws, could not possibly manage the scope, size and complexity of the student loan programs while having the ‘rug’ pulled out from under. So, enter the big guns — YOU KNOW WHO THEY ARE — and they overwhelmed the Department of Education with their smoke and mirrors, esoteric financial language, and they stole the programs from the people of the United States — and Congress and the Department of Education let them do it! They could not have done this without our help! Ahh! A solution raises its head — let’s create a Performance Based Organization (PBO), perhaps a recognition that the management skills of the Department were not up to the task. And there came to be a PBO. For those of us working there at the time we had the hope of perhaps seeing this enormous financial enterprise being managed, as it truly is, the single largest ‘banking’ entity in the world, nothwithstanding it had only one product, student loans. Just look at the history of those brought in to head up this PBO and one can’t help but think — ‘Sure enough, they could not have taken the (student loan) programs away from us without our help!’ One could go on and on. Just one more thing -the frantic and often frightened calls from students and parents alike asking ‘. . .how did they get that information about me?’ We knew a long, long time ago that the data-mining by anyone and everone with access to the student loan data base was not a good idea beyond necessary information in order to make a ‘good’ loan decision for the borrower. Our cries fell on deaf ears. Sadly — we have lost our way! and the taxpayers are paying a heavy price. Forgive the sad musings of an ex-Dept of ED manager.Just Me!
David, Retired US Dept of Edumacation, at 10:25 am EDT on April 19, 2007
Public schools across the country struggle to maintain operating costs, increased liability, demands for campus improvements in areas like, say SECURITY, and yet have deminishing access to state & federal funding. So what shall our congress due? Let’s tell the financial aid office to REPRINT ALL YOUR MATERIAL to remove your suggested lender list. What? Your material was printed courtesy of a bank? Haven’t you heard that’s unethical? Now you MUST pay to have your material reprinted. Nevermind that your list is based on service, not price, and that you’ve never even been offered an incentive. You must remove that evil “list". Yeah, that’s really gonna help keep the cost of tuition down.
Young yet Tired in FinAid, at 10:27 am EDT on April 19, 2007
education reporter eager to hear student aid experiences including from students with loans, from current or former education department staff. especially would like to hear from kgotthardt and from david sam dillon contact dillon at nytimes dot com
sam dillon, journalist at the new york times, at 11:20 am EDT on April 19, 2007
David, retired DOE sage: Thank you so much for taking the time to add a scream from the trenches. Those hard working, overwhelmed, faceless public servants in DOE have suffered under the political hacks appointed at the top. The rest of us need to her of your experience.A grateful colleague, from beyond Lake Woebegone
T M Williamsen, Professor at Appalachian State University, at 12:50 pm EDT on April 19, 2007
I confess having dreaded what the Spellings era would bring at its dawning. As one whose policy views are often in direct contrast to the early turns of the Bush administration and Paige Dept. of ED(NCLB, etc.), I expected a lot of political machinations to continue when Spellings took over.
But from my perspective, she’s actually been pretty quiet and methodical. And while I don’t love everything that’s come down the pike, I think she’s done a respectable job with the problems she inherited.
The bigger problem in the last few years has really been Congress itself. But of course it’s easier for Mr. Miller to make hay picking on Secretary Spellings than in directly criticizing peers in the House and Senate who likely bear much greater responsibility for the current state of affairs.
I’ve always voted Democrat (and wish even they leaned further left), so this is not partisan defense of Spellings.
The real problem the system has today is twofold: A) that certain persons have figured out how to make a significant personal profit (Lord, Boehner, et al) out of what in theory is a program for the public good.B) that those like Mr. Miller who insist they are here to ‘clean up the corruption and mess’ really have little true understanding of how the system works (and doesn’t).
Attacking Spellings is good political hay because of the external problems she can be linked to, but of everybody in the entire Bush retinue, she’s one of the last persons I would go after. Especially compared to others who seem to have well-earned some public scrutiny.
Spellings? Eh. She’s done pretty well with what she was given. A lot of the problems in the financial aid system derive from a long period of political neglect — both from Congress, state legislatures, and from college presidents. For starters, Mr. Miller can explain when exactly the HEA will actually be re-authorized...
While it may appear the apples are suddenly dropping from the tree in droves, in truth the tree has been diseased and neglected for many, many years.
And in closing, I might suggest that instead of garnering headlines by attacking Ms. Spellings, Mr. Miller would much better serve his country by gaining a more in-depth understanding of much more fundamental issues that impact every student pursuing financial aid — the FAFSA form, inequities in Needs Analysis, streamlining program/fund design and delivery, and on and on.
There are other looming issues in financial aid that he may not even have considered, but addressing them will require actual research and thought, and what comes out of any policy change might not even make the front page of the Chronicle of Higher Ed.
Attacking Spellings? Well heck, that requires very little actual care or research, and will certainly make the front page of some newspaper somewhere cuz suddenly this one aspect of financial aid is sexy, apparently.
But alas, when the ’student loan scandal’ passes for the next great scandal (perhaps public backing of risky mortgage loans secured by Fannie Mae?), Mr. Miller’s attention on financial aid will likely be long gone, but most of the current problems will still be here. Some of that is the fault of schools, some the fault of lenders, but certainly some lies with our fine legislative branch as well.
To be honest, I’m not sure IHE’s reporting on this topic helps actually promote an understanding of the underlying issues involved, though certainly it keeps us in tune with the hubbub. In any reporting of politics, it would help to focus not only on the politics involved, but on the actual policy issues. Unfortunately most journalists (and politicians) seem to have long lost track of the distinction between the two.
Just my (verbose) $.02.
-Anon
Left coast lefty, at 1:01 pm EDT on April 19, 2007
I will take you up on that. Be prepared to disclose names, social security numbers, which lenders were involved, what the results of the various credit checks were, and what loans were finally approved for each student involved including the interest rates, repayment terms, front end incentives, back end incentives, and any other loan criteria. We will proceed with a point by point analysis of each loan that was offered to the student and compare terms. Before we start though let’s agree on a common definition of what constitutes the best loan. Should we say it is the loan with the lowest rate? or perhaps the loan with the longest repayment term? Or the shortest? Best customer service? oh well, I guess we have our work cut out for us.(:_))
Blind Man, at 4:02 pm EDT on April 19, 2007
You’d never ask for anything as compromising as an SSN unless you were fully aware of the jeopardy you place both the person posting and the owner of any SSN when you ask for this information. Pretty disingenous for a blind man.
finaidfollies, at 5:56 pm EDT on April 19, 2007
Ah, the entertaining drivel of SLJ.org. It was only a matter of time before this collection of poorly written sob stories was introduced. Based on reading the entries for my own and surrounding states, I do find it hard to believe that 75% of the authors of these stories were actually admitted to an institution of higher education — clearly a written essay was not a requirement at their chosen institution.
What amazed me about SLJ.org was a continuous interweaving thread throughout 90% of the entries contained — people agreed to borrow money, benefitted from the proceeds, and didn’t pay them back when they agreed to. You thought I was going to say Sallie Mae, didn’t you? I’m no Sallie Mae or any other large lender apologist, and I do feel for the people who have been caught in administrative nightmares (i.e. withdrew from school and the school never returned funds to the lender, etc.) but if a story contains the phrase “they never told me I had to pay” or “I defaulted and then owed twice what I borrowed” I have zero sympathy. None.
Going to college is for grown-ups, people willing and able to take on the responsibilities of an adult. College isn’t for everybody, and if you’re not willing and able to handle those responsibilities, for your own good, stay in the shallow end of the pool. Or find yourself in thousands of dollars worth of debt because an evil corporation “tricked you".
Craig, at 9:26 am EDT on April 20, 2007
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If only it weren’t for those evil lenders
...brandishing their filthy lucre. Why, Mother Teresa herself would succumb to the temptation. Better find a few more individuals to blame. There truly is no shortage.
The absolute last thing we need do is ask why COSTS are so high at colleges. Digital Divide? Bah. It’s the ENDOWMENT DIVIDE that’s causing the keep-up-with-the-Jones attitude. The higher your endowment, the more you can charge. This trickles down, and lets lots of schools do the same.
But if you’re a school, you’d better justify your high price tag. How? Wellness centers, posh dining facilities, shiny bricks and mortar.
If your school is an Ivy, you’re home free. You’ll always be able to charge whatever you want. High-ticket private 4-years can make their respective cases explaining why their school is worth the price. Then your students and parents can scrounge the funds up.
If your school is a public 4-year or 2-year, you’re doing better, but sadly not for long. Your envy of the toys at the private universities have led your trustees to buy lots of expensive projects in a misguided attempt to compete. You’d be a lot better off doing what you do best (educating students) and making your legislatures pay the correct amount to support your mission.
Where are the lenders in all this? They’re only the enablers, and now they’re the easy targets.
finaidfollies, at 6:16 am EDT on April 19, 2007