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Student Loans, the Baby and the Bathwater

It is not often that one’s research topic is the lead story in the national media, but the topic of financial aid has been in the forefront of the American consciousness from San Diego (home of Student Loan Xpress) to Albany, N.Y., (home to New York Attorney General Andrew M. Cuomo) and points in between.

The stories of scandals, kickbacks, influence peddling, and fleecing — to highlight just a few of the phrases used by politicians and reporters — in the student loan business have dominated the headlines the last two weeks. I have chuckled at the many e-mails and comments I have received from far-flung friends and relatives who have asked, “Have you read about this student loan stuff?” That is a little like asking somebody who works in the U.S. Justice Department if they have heard about Attorney General Gonzales and the U.S. attorney firings.

We have a couple of key players to thank for much of the scrutiny. Upon taking office earlier this year, Attorney General Cuomo began investigating the relationship between higher education institutions and student loan providers. He was looking to see if colleges and universities receive benefits from the providers in order to place them on the preferred lender lists used to direct students to loan providers. And the New America Foundation, through its Higher Ed Watch blog, broke the story of three financial aid directors around the country (as well as an official in the Department of Education who oversaw lenders) receiving and subsequently selling stock in Student Loan Xpress.

Attorney General Cuomo’s investigation received a fair amount of media coverage, but the story gained real legs and moved to the front pages when the focus shifted from relationships between loan providers and universities to relationships between lenders and specific financial aid officials at the institutions. As with most scandals, it is a much better story when the media can put the name and face of a real person on it, rather than just the moniker of a multi-billion dollar higher education institution.

Stirred up by the initial disclosures by the New America Foundation regarding high-ranking financial aid officers at Columbia University, the University of Texas at Austin, and the University of Southern California, reporters around the country have uncovered other apparently untoward relationships between financial aid officials and student loan companies. At this point, until all the facts are out, I think it is fair to categorize all that has been reported as “allegations.”

But the student aid profession is very much on edge these days, with perhaps more officials out there living in fear that something they had done in the past will be discovered by the news media or Cuomo. Dallas Martin, head of the National Association of Student Financial Aid Administrators, has been on the defensive throughout the scandal and probably is rather tired of hearing the phrase “damage control.”

The initial reports of stock grants and sales have been followed by others involving Student Loan Xpress payments of tens of thousands of dollars to financial aid directors at Johns Hopkins, Widener and Capella Universities for consulting or other purposes, including the paying of tuition for one aid director to attend graduate school.

All of these officials (including the Department of Education employee) have been placed on leave by their employers while the institutions try to sort out the facts. If the allegations are proven true as they have been reported in the media, it will be a serious stain on the reputation not just of these officials and their employers but on the financial aid profession as a whole.

Regardless of whether their relationship with Student Loan Xpress influenced decisions regarding preferred lenders, or steering students toward certain loan providers, these officials (and their institutions, if aware of the relationships) should have been more cognizant of the appearance of conflict of interest. It is not enough to declare that the relationship with Student Loan Xpress did not influence any decisions they made; people will assume the worst.

From these disclosures of fees paid to financial aid officials, the attention in the last few days has shifted to the advisory boards maintained by many student loan providers. In addition to the board maintained by Student Loan Xpress, most of the larger lenders, including companies like Sallie Mae, Citibank, Wachovia, and Wells Fargo, have similar boards made up largely of financial aid officials.

While the companies say they do not pay any compensation to the board members, they do generally pay their travel expenses to attend meetings of the boards. Trying to head off any notion of these meetings as junkets, the loan companies and financial aid officers have been quick to point out that many of these meetings have been held in such less-than-exotic places as St. Paul, Minn., and airport hotels. (We can discuss whether Las Vegas and Orlando, where some of these meetings have taken place recently, fall into the less-than-exotic category).

Both the student loan companies and the financial aid officials have said that these boards are used to help advise the companies on how to best structure their loan programs to meet the needs of students. Since the financial aid officials are on the front lines of working with students, they are in the best position to recommend new programs or changes to existing loan programs that will help their students.

I have sat on numerous advisory boards, and I have firsthand knowledge of the role they can play (my disclosure is that none of these have been for student loan providers). Both the lenders and financial aid officials are correct in stating that the advisory boards provide an important role, one that ultimately can benefit students. It would be a shame if in the wake of this scandal, these boards get dismantled and the dialogue between financial aid officers and lenders is hampered or, worse, forced to go even more underground.

Given the recent allegations, I feel comfortable arguing that there should be no honoraria paid by the lenders to advisory board members. And the lenders should be cautious regarding where these board meetings are held, keeping in mind that they must not be construed as junkets by the media, policy makers, or most importantly, students and their families. Even though I believe that the great majority of financial aid officers are honest individuals who would not be swayed by receipt of a modest honorarium for their service, or through attending a meeting in a warm, inviting climate, the scrutiny under which they find themselves dictates that they have to be squeaky clean.

We should be cautious not to throw out the proverbial baby with the bath water in responding to this scandal. Yes, those officials who made what are clearly some very poor — and perhaps, even stupid — decisions should be held accountable for their actions. But let’s not go overboard by eliminating a valuable mechanism for financial aid officials and student loan providers to work together to improve service to students. If we do so, in the end it will be the students who suffer for it.

Donald E. Heller is associate professor of education and senior research associate in the Center for the Study of Higher Education at The Pennsylvania State University in University Park. His research focuses on financial aid and college access.

Comments

BRAVO!

Yes, we agree fully with Mr. Heller’s suggestion here. An over-reaction by lawmakers and regulators will provide a true injustice to the student borrowers.

http://college-loan-search.blogspot.com

CollegeLoanSearch, at 11:30 am EDT on April 17, 2007

Minor point on site locations...

While not an expert on Orlando (though I suspect Disney impacts the economics much like the casinos do for Vegas), I can say that for the west Vegas, and increasingly Reno, is often used as a meeting location because it’s one of the few places where flights from anywhere in this half of the country (and even many from the east coast) are relatively cheap and hotels are abundant during much of the year.

Now, I say this as someone who truly despises Vegas, so to me it is certainly not exotic nor even interesting.

Could a Vegas ‘junket’ involve a great deal of expense (Cirque du soleil, etc.)? Sure.

But any examination of the use of Vegas and Orlando should also start with an acknowledgment that the local tourist economies in many cases help ’subsidize’ travel and hotel expenses for presenters and attendees coming from a wide range of places in a way that a conference in say, Billings, would not.

But back on point, even the decidely non-exotic U.S. Dept of Ed often uses Vegas/Reno for hosting trainings and conferences in the west at least in part for this reason. Do I like going there? Heck no, but I can certainly understand why it makes sense for many organizers to site events there.

Peter, One direct, cheap flight from Vegas University, at 3:35 pm EDT on April 17, 2007

Finally, the other side is getting told

I am grateful to the author of this article and the authors of these comments for telling at least part of the “other side” of the story.

This story has played “big” in part because it is seems to be classic “David and Goliath” story: the big bad lenders hurting the poor small students.

Not one lender has approached me without disclosing benefits to students as their first calling card.

Lender lists are created to help students make informed decisions based on research first done by the financial aid professionals.

Does anyone realize what a mess getting money into the hands of students it would be if we “threw the doors open” and just required students choose lenders without giving them any direction at all?

Our goals as financial aid administrators is to reduce the financial obstacles between a student and his/her education.

Lender lists, advisory board meetings and yes, evening an occasional BUSINESS dinner with members of the lending community are merely venues where this takes place.

Ethics is a matter of personal and professional integrity and cannot be dictated by legislation or a “code of conduct".

Thomas, at 5:06 pm EDT on April 17, 2007

Simplify

Do away with FFELP and everyone use Direct Loans from the Department of Ed. This will save taxpayer money that could be used to benefit students. It would also eliminate an extremely complex and confusing system of federal loan delivery with so many middle men in the mix. All DL all the time would also eliminate any resemblance to a conflict of interest. It would be more simple for students, families and schools.

Simplify, simplify, simplify.

Scott, at 7:21 pm EDT on April 17, 2007

How about a meeting at The Registry Resort in Palm Beach. The rooms had windows with ocean views, apparently Pat Watkins didn’t rate but big name schools did.

Andy, at 9:20 am EDT on April 18, 2007

???Do away with FFELP???

Three comments I’d like to make.

First, thanks to the writer of this article for taking the high road and not assuming reports—even of wrongdoing of individuals—as facts that apply to the FA community as a whole. There are bad apples in every bunch.

Second, I guess if we participate in a US Dept. of Ed. conference, focus group, etc., that could be viewed as being courted by the Direct Loan program? So then by some of the logic applied to this controversy, we are in collusion with the DOE!

Third, doing away with FFELP would have little if any bearing on the whole issue, which is predominately a “Private Loan” industry issue. As a low-cost technical college, we participate in FFELP but rarely have students who need—or could qualify—for a private loan. Thus, I have never been personally offered incentives from a lender. As was stated above, the occasional lunch or dinner to discuss trends, student and institutional needs, etc. or professional conference support (where lenders provide support to all participants—not just the FFELP participants) constitutes a real effort for lenders to meet the needs of STUDENTS! And if anybody thinks students are getting a raw deal from FFELP, wait until they have NO CHOICE but to take their loan from ONE LENDER—the government!!!! At least most FFELP lenders are making profits which feed back into (or should) benefits for the student borrowers. Remember the stink about the oil companies making record-breaking profits while the consumer is paying the highest gasoline prices of all time? The government rhetoric is that they use that profit to “reinvest” in alternative programs to reduce prices. Why doesn’t that same logic apply to the FFELP lenders? They use those profits to increase borrower benefits, which in turn, decrease the cost of borrowing for the student.

Rick, Financial Aid Director at Bowling Green Technical College, at 9:50 am EDT on April 18, 2007

Direct Loans vs. private FFELP lending

There are as many problems with Direct Loans as there are with private FFELP lenders. My school bowed out of the direct lending program years ago when it had so many administrative problems that to join it was just begging for big, big problems! We decided to bail out after speaking with several schools who went through what could only be described as a bureaucratic nightmare after they switched to Direct Loans. It has probably gotten better now, but I would not bet on it.

One so-called “benefit” of the Direct Lending Program is that there would not be any regular oversight of the school’s financial aid program. There would be a program review at the federal level if, and only if, someone lodged a formal complaint against the school.

Under the regular FFELP program, all schools are reviewed at least every other year by the guarantee agency, and are audited annually if they exceed $500,000 in Title IV funds. All schools, all students should be permitted to borrow from any lender they want without having to worry about predatory lenders...and the federal government DOES have the direct responsibility to make sure that students are not subjected to such practices.

feudi pandola, at 11:16 am EDT on April 18, 2007

Just toss a few sacrificial lambs...

...who made some thoroughly stupid choices to the wolves, and maybe then they’ll leave the rest of the industry undisturbed, right? I’m not surprised that this is where much of the conventional wisdom is headed. Then again, with your head in the sand there’s limited field of vision.

Barmak’s right, the media attention is going to provide the political cover required to make genuine reform in the industry. Way ovedue, too.

My colleagues at schools—doubtless sincere, and dedicated to making higher education affordable—are missing the boat when they think that the problem is solved by nibbling at the ethical edges. The problem is money, money, money.

According to a paper released earlier this year by the College Board, tuition increases have risen double the rate of inflation since—guesses, anyone?—NINETEEN FIFTY EIGHT. The college population is double the size it was when it started this stupefying rise. That adds up to a lot of shekels, friends.

The rest of the universe has gotten cheaper. PCs, air travel, food, all sorts of consumer goods. What other industry gets to pry open income tax returns as part of its assessment of how much they can shake out of the saps, er, parents?

Sorry, but you can only outstrip the rate of inflation for so many decades. Any school that thinks that this game can go on indefinitely will ultimately have its clock cleaned when the trifecta of distance learning, community colleges, and study abroad (not the current drinking abroad jaunts, but a cost-saving alternative) bleeds its enrollment dry.

Let the chips fall where they may. The industry’s overdue.

finaidfollies, at 9:47 pm EDT on April 18, 2007

Student Choice?

Thank you Scott. Finally someone has the bright idea to have all schools go Direct! I’ve been feeling like I am the only person in the country who thinks that this is what needs to be done. No amount of rationalizing the FFELP program would ever convince me it is not a tremendous waste of taxpayer funds— look at all the pigs at the trough. I’m disgusted that the organization that represents our profession NASFAA has been trying to defend the indefensible. Financial Aid professional are supposed to be good stewards of taxpayer funds and we seem to have forgetten that part of the job. As for student choice: don’t take a federally backed loan— there’s your choice.

AN FAO, at 10:07 am EDT on April 19, 2007

“Scott” and “An FAO”

Grow up.

Do college purchasing managers, overwhelmed by the marketing pitches and ploys of computer sales reps, just throw up their hands and cry for a government takeover of the computer industry?

No, they deal with the “extremely complex and confusing [information technology industry] with so many middle men [hardware and software manufacturers, servicers, consultants, not to mention related Internet and telecommunications firms].” There’s no doubt that DL is simpler for some schools. It’s arrogant to think it would be simpler or better for all schools.

But it’s not about what’s best for schools, right? That’s what General Cuomo says. It’s what’s best for students. You can never convince me that a government student-loan monopoly is in the best interests of consumers/borrowers.

adwhite, at 12:25 pm EDT on April 19, 2007

A serious question

While the call for reform emerges as the predominant message, does anyone feel the current crop of partisans in Congress (both sides) has the understanding, vision, and strength to make the right changes- changes that will truly help students? I submit that changes are coming, but they will be ill-considered, underfunded, unresearched, and ultimately harmful. When all is said and done, it seems most likely that students will end up on the short end again, while some other interested party makes out.

Matt, at 1:31 pm EDT on April 19, 2007

You know what, Scott is soo smart. I think we should have Direct Loans from the US Government for all Auto Loans and Mortgages too! Yeah! There certainly are NO corrupt people in government! Especially when dealing with billions and billions of dollars. All politicians do the right thing all the time. I’m sure the money would be safe with DL.

GIVE ME A BREAK.

Joe, DL Auto Loans and Mortgages Too!, at 2:20 pm EDT on April 19, 2007

DL DISCLOSE TO YOUR STUDENTS THE REALITY

FFELP is more expensive for taxpayers but much cheaper for students. The average graduating medical student saved over $5,000 in up-front fees over the past four years by using a zero-fee FFELP lender rather than FDSL. Are we looking for cost-efficiency or access to and affordability of higher education?

FFELP IS A CASH COW FOR THE GOVERNMENT. Sure, they may be paying out too much in special allowance premiums, but Uncle Sam has been sure to write into law plenty of ways for him to get his. For example, many FFELP borrowers are not being charged an origination or default prevention fee. But that’s only because the lenders and guarantors are paying it on their behalf! If Mr C and Mr Kennedy are so concerned about you why has DL refused to drop the orgination fees and make the student pay it from their loan funds?

So when Mr. Finaidfollies writes that lenders can only stay in business if the government pays out big premiums, he’s dead wrong. Solution, Don’t pay the lenders any premiums AND stop charging lenders a monthly fee for holding consolidation loans (one example of many) and let market forces do its thing. Just be even-handed—which very few people have been willing to do. If you don’t want to pay lenders to participate, then don’t charge them either!

The DL schools need to disclose to their students the reasons why they cannot use choice at their schools because it is easier for them.Forget that you can save $1000’s of dollars both up front and on the back end savings because hey, it is easier.Have you heard of a zero interest student loan Scott? It is out there and available to your students but you are robbing them of this benefit by refusing to give them choice and forcing them into a program that gives them nothing.Besides, this is all about how ffel is being done so your views are surely for your own purpose.

For the student that felt she was mislead and guided on consolidation. I am sorry but this has nothing to do with consolidation.However, Gold Financial is a Direct to Consumer lender.This is a lender that financial aid offices try and protect you from.These types of lenders are everywhere and they will cost you a great deal and therefore to try and protect you, financial aid offices have researched lenders that offer the best benefits and the best interest of you the student.If I were you, I would try and reconsolidate that loan with a more credible lender.You will need to find out how you can do that.Sorry that happened to you however.Shame on Gold Financial for their Direct to Consumer.

Back to Scott, if it were not for those terrible lenders, would you even have a job?How do your student pay for their unmet need after they have maxed their stafford eligibility and they cannot get PLUS?I bet they all write your college a big fat check — right? You need to be thankful for those lenders because the government has no such program.

DJ, at 4:05 pm EDT on April 24, 2007

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