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Lacking the 'Ability to Benefit'

September 22, 2009

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WASHINGTON -- For weeks, spilling into months, those who watch the for-profit sector of higher education most closely (especially Wall Street analysts and some of the colleges' critics) have been speculating about what the U.S. Government Accountability Office was cooking up in a report on the institutions.

Now we know, in the form of some critical findings and a suggestion that the Education Department crank up its scrutiny of the career-related colleges. But Wall Street shrugged off the findings, with stocks for the major publicly traded higher education companies all rising Monday in the wake of what one analyst called the "most positive report we've seen from any government entity" about for-profit colleges.

The most damning aspect of the report -- one of the two that Congress's investigative arm released Monday, with the other on minority-serving colleges -- was the GAO's revelation that officials at a Washington-area branch of one publicly traded for-profit college appears to have violated federal rules when they gave answers to, and "tampered" with answers given by, GAO analysts who posed as prospective students on academic tests designed to measure their "ability to benefit" from a higher education.

This and other evidence of potential abuse of rules governing the ability of underachieving students to qualify for federal financial aid, combined with the disproportionately high rates at which students at career-related institutions default on their student loans, led the accountability office to call on the U.S. Education Department to toughen its oversight of the colleges -- a direction in which the Obama administration has begun to move in recent months.

"While our findings do not represent nor should they be interpreted as implying widespread problems at all proprietary schools, our work has identified significant vulnerabilities in Education’s oversight that should be addressed," the GAO report asserts. "Without better oversight of the [ability to benefit] testing process to ensure more frequent identification of improper testing, and stronger processes for handling and reporting improper testing, both the integrity of the testing process and the qualifications of students who receive federal funding cannot be assured."

The Career College Association, which represents most of the nation's 1,200 for-profit colleges, expressed dismay about the allegations of wrongdoing but noted that the GAO report suggests that they are unrepresentative. "We abhor any practice that breaks the rules or the law to admit unqualified students, whether through fraudulent testing practices or bogus high school degrees. We share the government’s interest in eliminating any form of fraud and abuse associated with the Title IV program," the association said in a prepared statement. "The GAO report describes the actions of a few school personnel and testing personnel behaving in an unethical manner. Nothing in the GAO report suggests that the practice of admitting unqualified students is widespread or indicative of the sector as a whole."

For-profit colleges have fought hard to overcome the longstanding perception -- largely developed in the late 1980s and early 1990s, when Congress cracked down on the institutions -- that they aggressively woo academically underprepared students to tap into federal grant and loan funds. The reforms put in place in the 1992 Higher Education Act drove scores of mostly small colleges out of business and helped lower the rates at which students at for-profit institutions default on their loans.

In the meantime, a set of major national chains favored by working adults have emerged as the sector's share of all college enrollments has steadily grown, and some policy experts focused on ensuring a ready supply of American workers have increasingly argued that for-profit institutions must be a part of the solution to the country's problems.

Plenty of skeptics with questions about the institutions' quality remain, though, and the industry still can be buffeted by critical investigative reports by "60 Minutes" or, more substantively, by the threat of increased scrutiny from the federal government, which in worst-case scenarios for the colleges could lead to reductions in the flow of federal money to the companies and their investors.

The GAO Study

The study released by the Government Accountability Office, which U.S. Rep. Rubén Hinojosa (D-Texas) had requested, goes out of its way to note career colleges' role in the higher education pipeline, pointing out that they are more likely than both public and private nonprofit colleges to enroll older students, financially independent students, women and members of minority groups. "Many of these schools play an important role in providing a range of students, including non-traditional and disadvantaged students, with an opportunity to obtain the education they need to increase their work skills and find jobs," agency officials write.

That's only true, though, if the students that the institutions enroll are qualified to do college-level work, and and if they emerge from college with jobs so they're able to pay off their loans. That latter point has been and remains a concern for many policy makers, the GAO study notes, because students who attend for-profit colleges "are more likely to default on their federal student loans, which can tarnish their credit reports, make it difficult for them to obtain employment, and jeopardize their long-term financial well being." The problem is particularly acute precisely because the institutions enroll more low-income and underrepresented students, the agency writes.

The default rate concerns raised by the GAO are unlikely to surprise anyone, as they largely rehash issues discussed previously. But the steps the agency took to investigate the practices some colleges use to admit academically underprepared students, and the findings that emerged, could reverberate.

The agency builds on a series of previous findings by the U.S. Education Department's Office of Inspector General and state agencies like the New York Department of Education to assert that administrators at for-profit institutions sometimes violate federal rules to "ensure prospective students without high school diplomas passed required tests and obtained access to Title IV aid."

Specifically, GAO sent two of its auditors under cover, on two separate occasions, to one Washington-area campus last year posing as potential students, The two purposely failed the exams the college gave them, known as "ability to benefit" exams, that prospective students must pass to prove themselves capable of benefiting from higher education and to become eligible for federal financial aid.

"[O]n both occasions, the independent test administrator gave them and all the test takers in the room -- about 20 in total -- answers to some of the test questions," the GAO report says. "We later obtained copies of the analysts’ test forms and found that they had been tampered with -- their actual answers had been crossed out and changed -- to ensure the analysts passed and would become eligible to receive Title IV funds."

The GAO report says that the agency turned the information over to the Education Department's inspector general; a spokeswoman at GAO declined to identify the college in question Monday, but said that the inspector general's office has yet to release the reports of its own review into the institution's practices.

The agency also said it had found instances in which "recruiters at two separate publicly traded proprietary schools referred students to diploma mills for invalid high school diplomas in order to gain access to federal loans without having to take an [ability to benefit] test."

The GAO critiques the Education Department for failing to adequately monitor test publishers, which are supposed to provide the department with frequent analyses of scores on the ability to benefit tests, and for doing too little to stop applicants for federal aid from using fake high school degrees from diploma mills.

"Without better oversight of the ATB testing process to ensure more frequent identification of improper testing, and stronger processes for handling and reporting improper testing, both the integrity of the testing process and the qualifications of students who receive federal funding cannot be assured, the GAO writes. "In addition, without stronger controls, such as clear guidance from Education banning the use of high school diploma mills to obtain federal aid and information on how to identify diploma mills, the government cannot be assured that its student aid funds are only provided to students who have an ability to benefit from higher education."

While the GAO report contained some damning findings, it was greeted with relief by Wall Street analysts who had been expecting worse, and by investors themselves -- the publicly traded higher education stocks were up across the board, with their prices rising between 7 and 12 percent.

The GAO on Minority-Serving Colleges

The other higher education-related report released by GAO Monday, which like the for-profit study was requested by Hinojosa, the Texas Democrat who heads the House of Representatives subcommittee on postsecondary education, concerns the efficacy and oversight of federal grant programs for institutions that enroll large numbers of minority students.

The GAO study generally endorses the need for the programs, finding that colleges that participate in the programs under Titles III and IV of the Higher Education Act (which together make up about 28 percent of all postsecondary institutions) have greater financial need and serve more low-income and minority students than do colleges that don't qualify for the programs.

But as with the study on for-profit colleges, the accountability agency suggests that the Education Department has provided inadequate oversight of the "strengthening institutions" programs, as they are known.

For example, the GAO found that one recipient spent more than $100,000 of its Title III money on "questionable expenses ... such as student trips to locations such as resorts and amusement parks, and an airplane global positioning system."

Without more oversight from the Education Department, GAO said, "Title III and V funds continue to be at risk for fraud, waste, or abuse."

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Comments on Lacking the 'Ability to Benefit'

  • If more working class
  • Posted by Lucretia Sylvester on September 22, 2009 at 8:15am EDT
  • moms and dads were unionized they could better afford to--or not to--go to college as they saw fit. An empowered choice. Before we get too sentimental about helping people out . . . . I'm skeptical of Wall Street's role in creating "opportunities" for anyone. Opportunities on whose terms?

    These schools are not really "publicly traded." They are privately traded, staked by public money. When wealthy or highly academically inclined students are seeking out for-profit higher education from such scholar-professors that for-profit CEOs learned from when they were earning their own MBAs, then we might have another look. You see my point: both for-profit students and their for-profit teachers are, in recent decades, in vulnerable straits. Investors love putting these two vulnerable groups together. Shunting people toward higher education on these terms is but a substitute for a labor movement, in my view.

  • In the best interest of the student
  • Posted by Angela Siegel , Director of Enrollment Marketing at Ward Media, Inc., an XL Education Corp. Company on September 22, 2009 at 11:15am EDT
  • I’ve been in for-profit higher education for 10 years now in enrollment and marketing/lead generation. The schools I have worked for and their management always acted in ways to protect their Title IV status and even in the grey areas schools act on the side of caution. The problem is the disconnect between how some, not all, Enrollment Counselors act to hit or exceed enrollment numbers versus how they were trained. I have been an Enrollment Counselor and witnessed a few colleagues be made examples of because of their unscrupulous enrollment and financial aid practices. School’s, especially for-profit’s, make an example out of these people and even the article mentioned a blind test of Enrollment Counselors bad practices. I believe schools need to do a better job of hiring for this position and do better background checks as it’s easy for an Enrollment Counselor to go from school to school for employment and repeat the same unethical practices. In addition schools need to do a better job of managing this position by giving them the tools they need to help their students and secret shop to ensure all regulations and training methods are followed. I believe this is needed regardless of the previous education and program level. The tools and best practices to ensure success are easy to train and reinforce.

    It doesn’t help the school, government and especially not the student to enroll in one or a few classes and drop then default on the loan. Enrollment Counselors should always act in the best interest of the student to ensure successful degree completion.

  • Next Task:
  • Posted by Prof Challenger on September 22, 2009 at 11:15am EDT
  • So, when's the GAO going to look at the recruitment of community college students who aren't prepared for college-level work?

  • ACORN should have been this lucky
  • Posted by BN on September 22, 2009 at 11:45am EDT
  • Within minutes of the report's release, the Wall Street sales machine was trumpeting the good news that only one publicly-traded company had been caught defrauding the government by altering ATB tests, and that only two schools had been found to have referred applicants to diploma mills to buy fake high school credentials. The sector is up today, not because the report gives them a clean bill of health, but because the folks making commissions on Wall Street have managed to redefine success so effectively.

  • It apparently is happening everywhere
  • Posted by DFS on September 22, 2009 at 2:30pm EDT
  • To butcher JFK: A sinking tide lowers all ships.

  • What a waste
  • Posted by CommProf on September 22, 2009 at 2:30pm EDT
  • We've always known that for-profit education is generally a waste of the students' time and, when they fork over their own tuition, their money. Now we find that it's a waste of tax dollars, too. Go to a real (i.e. 4-year public or established 4-year private) school or join the Navy, Peace Corps or something.

  • Lacking the Ability to Benefit
  • Posted by rosanne soifer on September 22, 2009 at 3:45pm EDT
  • I've taught non-traditional students at a proprietary instiution for 8 years and now at in a certificate program at a private college where I'm an adjunct. Yes, I know the truism  that a poor carpenter always blames his tools. But if a school/program gets a majority of students who are academically unprepared, socially unprepared, and who have all kinds of financial/work/domestic sorts of problems that prevent them from succeeding in college, what happens? These students may truly not have the "ability to benefit", they drop out....and the instuctors always get the blame! 

  • Rip Van Winkled
  • Posted by MM at Millennium Education Group on September 23, 2009 at 12:00pm EDT
  • Feeling like I awoke from a 20 year nap - Is this GAO report a cut and paste from the early ‘90s? Haven’t we journeyed far enough to agree that cohort default rates as a measurement of quality or an indicator of anything is preposterous? For the GAO to imply that schools are held accountable for the defaults on loans by their students is bad policy and for the GAO to reference a statistically insignificant event that happened with one ATB proctor at one school out of thousands makes good headlines but diminishes the higher education community as a whole. As noted by D Auer-Jones (http://chronicle.com/blogPost/Its-Time-to-Stop-the-Witch/8148/), this report smacks of something and the GAO methodology is off track. Students should pay back their loans and since private career schools are held to a higher standard of accountability for their students who default ( regulatory sanctions and or removal from SFA access), they do a better job at coaching students on financial responsibility and provide workshops, online tools, and regular follow up to ensure students know their rights and responsibilities. Also, the ATB proctors are not employees of the colleges. They are third-party contractors endorsed and certified by the testing companies (i.e. Wonderlic, CPAT) and many of them proctor exams at a wide range of public and private institutions. >>Prof Challenger<< good point >>Comm Prof<< In my 20 years in higher education, I”ve not known or seen what you state about private, careers schools being a “waste of time,” From my experience and by all quantifiable measures, Career Schools clearly meet their mission of starting, graduating, and employing students in their chosen field. By all measures, Career Schools outpace Community Colleges at alarming rates. Both types of schools (again – why mention the Tax Status?) serve non-traditional students and accept those who demonstrate an ability-to-benefit from the training, and Career Schools and Colleges provide Career Placement services and deliver on the promises made with published Placement Rates. Both types of institutions serve non-traditional and challenged demographics which in reality contribute to drop out rates, poor financial management, and those not-yet ready to learn at “the college level” in both types of schools. As noted here, a recent report noted that trade and technical schools did a better job than their peers at graduating their students, specifically, those with academic and socio-economic challenges (http://www.insidehighered.com/news/2009/06/18/career). While the GAO report made some meaningful recommendations, to lambast an entire sub-set of higher education based on a flawed assumption and comparison about CDR and the discovery of one dishonest ATB proctor seems like fraud, waste, and abuse of Gov $$; which we could more appropriately spend on improving the quality of instructors at our government-funded community colleges and holding them equally accountable on academic and performance outcomes. This might be what the White House has in mind.

  • ATB - Impossible
  • Posted by Jim L. Lambrinos , Professor/Reading at EPCC on September 23, 2009 at 6:45pm EDT
  • Jim

    The ATB cut-off scores are so rigorous that many students, especially second language learners, can never hope to pass. Our enrollments for ESL students (at El Paso Community College) declined 50% because the test requires such a high proficiency in English. They are, in essence, excluded from the opportunity to improve their skills. Maybe if the test wasn't so insidious, there wouldn't be the temptation to defraud. We turn away virtually hundreds of potential students, because they cannot read and write English well enough to learn to read and write English. Do we want to help the non-traditional students to achieve in an academic environment or not? We need to encourage undereducated people into the educational framework and not worry so much about mythical research paradigms that predict (or not) whether someone will benefit.