Wednesday, February 11, 2015

Homeless People Borrowing Money to Attend College: Is That a Good Idea?

According to a recent news story, 58,000 homeless people are enrolled in college, a 75 percent increase from just three years ago (Ashtari, 2015). How, you might be asking, are homeless college students paying their tuition bills?

Most, if not all of these hapless college students are eligible to receive Pell Grants based on their economic circumstances and most are probably borrowing money from the federal student-loan program.  At the University of Massachusetts-Boston, a student support center provides free meals for homeless people and guidance on financial aid.

Is this a good idea? Kathleen O'Neill, who runs something called Single Stop USA at Bunker Hill Community College, thinks it's a great idea for homeless people to attend college. "These are people who get it," said Ms. O'Neill. "The way out of poverty is education and they are committed to doing whatever it is they need to do to get there"(as quoted in a Huffington Post article).

Obviously, having homeless students in college works out great for the colleges. They get more tuition-paying students, and the federal student-aid program foots the bill.

I would love to chat but I'm late for my social studies class.
But some colleges have been criticized for recruiting homeless people. A few years ago, Drake College of Business was spotlighted for recruiting homeless people and then paying them a stipend. For a time at least,  homeless students apparently received $350 biweekly stipends so long as they showed up for 80 percent of the classes and received "Cs" for their work.

Drake's president defended the practice of recruiting homeless students. "We do not believe that recruiting at [homeless] shelters is either illegal, unethical, or immoral so long as the recruitment of students from shelters is above board, which it has been," Drake's President Ziad Fadel said of its practice (as quoted in Golden & Hechinger, 2010). Nevertheless, Drake stopped recruiting homeless students.

If homeless people borrowed money to attend college, obtained the training they needed to get good jobs, and then paid off their student loans, this would be a Cinderella story. But my guess is that an awful lot of these 58,000 people will never pay off their student loans. And when they go into default they will be barred from participating further in the federal student aid program.

In my view, a university that feeds homeless people while it helps them fill out financial aid applications sounds a lot like the way religious homeless shelters used to operate. Sure, we'll feed you, but you have to listen to this sermon first. Here's a nice hot meal, but don't spell soup on your FAFSA form.

When I reflect on the fact that 58,000 homeless people are paying tuition with federal student aid money, President Obama's proposal to offer two years of free education at the nation's community colleges sounds like a good idea.

Wouldn't it be better if economically disadvantaged people could get two years of free secondary education or training rather than forcing them to take out student loans to pay their tuition bills--loans very few of them will ever pay back?

References

Shadee Ashtari. A Look Into the 'Double Lives' Of America's Homeless. Huffington Post, December 26, 2014 (updated January 7, 2015. Accessible at: http://www.huffingtonpost.com/2014/12/26/college-student-homeless-boston_n_6145980.html

Daniel Golden & Jon Hechinger. For-Profit N.J. College Halts Recruiting of Homeless. Bloomberg, May 5, 2010. Accessible at: http://www.bloomberg.com/news/articles/2010-05-05/drake-for-profit-college-in-new-jersey-will-stop-recruitment-of-homeless










Sunday, February 8, 2015

No Statute of Limitations on Student Loan Debt: How Can That Be Justified?


Abandon hope, all ye who enter here. 
                                 Dante Alighieri 

Awhile back, Governor Jerry Brown vetoed a bill passed by the California legislature  that would have expanded the statute of limitations for bringing sexual abuse lawsuits against private schools, including schools operated by the Catholic Church. The law did not apply to sexual abuse claims against public school teachers.

Cartoon Credit: Carol Simpson

In vetoing the statute, Governor Brown invoked ancient principles of fairness that put time limitations on lawsuits. "Statutes of limitation reach back to Roman law and were specifically enshrined in the English common law by the Limitations Act of 1623," Governor Brown wrote in his veto message. "Ever since, and in every state, including California, various limits have been imposed on the time when lawsuits may still be initiated. Even though valid and profoundly important claims are at stake, all jurisdictions have seen fit to bar actions after a lapse of years."

Statutes of Limitations Invoke Ancient Principles of Fairness

Governor Brown correctly stated the law regarding statutes of limitations. It is not fair, as the courts sometimes put it, for aggrieved parties to “sleep on their rights” and then file a lawsuit long after a claim has grown stale, when memories and witnesses may have faded away and critical documents may have been lost. Thus, all states give claimants a specific time limit for filing a lawsuit. If the claimant fails to file within the time limit, the claimant irrevocably loses the right to seek a remedy in court.

Unfortunately for student loan debtors, these ancient principles of fairness do not apply to student loans. In 1991, Congress passed 20 U.S.C. § 1091a, a statute that abolished all limitation periods that might otherwise apply against specified lenders and governmental entities that seek to collect on student loans. As one scholar succinctly summarized the law, “[O]nce a student contracts for a student loan, the student cannot use a statute of limitations as a defense against collection on that loan by the entities listed in the statute—ever” (Roper, 2005, p. 37, emphasis supplied).

The Fabrizio case: Student-Loan Guarantor Attempts to Collect a 25-Year-Old Judgment

In 2010, this harsh federal law was applied in a case against Anthony Fabrizio, who borrowed about $9,000 in the early 1970s to help pay for his postsecondary education (New York State Higher Education Services Corporation v. Fabrizio, 2010). Apparently, Fabrizio did not pay back the money, and the lender obtained a default judgment against him in 1983 for $9,664.63. In 2008, twenty-five years after the debt had been reduced to judgment, the New York State Higher Education Services Corporation, which (through a predecessor agency) had guaranteed Fabrizio’s loan, told Fabrizio to begin paying off the debt or the agency would start garnishing his wages.

Fabrizio tried to persuade a New York court to enter an order declaring that his debt was deemed paid under a New York law stating that a money judgment is presumed to have been paid after 20 years from when the creditor was first entitled to enforce it.

Unhappily for Mr. Fabrizio, a New York appellate court ruled against him, finding that 20 U.S.C. 1091a, abolishing all statutes of limitation that might otherwise protect a defaulted student-loan debtor, overrode the New York statute of limitation.  Fabrizio can still be made to pay back the loan. Presumably, he is also liable for collection fees and more than 30 years of accumulated interest.

Defaulting Student Loan Debtors Have No Place to Hide

Today, there are millions of people who have defaulted on their student loans, and some of those loans are now quite old. Nevertheless, student-loan defaulters are never off the hook for their debt--no matter how old that debt might be.

As the Fabrizio case illustrates, statutes of limitation do not apply to student-loan debts that are guaranteed by the federal government, and a lender can pursue collection at any time, even if the lender took no action for a quarter of a century.

Moreover, unlike most other overburdened debtors, student-loan debtors cannot discharge student loans in bankruptcy unless they can show that failure to discharge their student loans will cause them “undue hardship”  (11. U.S.C. § 523(a)(8)(B)). As several scholars have observed, it is very difficult for student-loan debtors to discharge their student loans in bankruptcy--even in heart-rending circumstances (Pardo & Lacey, 2009, Fossey, 1997). 

In fact, student-loan debtors who fail to repay their loans can have their Social Security checks garnished, a practice that the Supreme Court approved in the 2005 decision of Lockhart v. United States.  People who took out student loans in their early twenties and never paid them back can see their Social Security income diminished by their failure to discharge their student-loan obligations (Cloud, 2006).

Abandon Hope, All Ye Who Enter Here

For millions of college students, the federal student loan program has become a nightmare. Over the years, Congress has passed harsh legislation that has stripped student-loan debtors of traditional legal protections like statutes of limitation and unfettered access to the bankruptcy courts.  As a result, for individuals who default on their student loans, even those who took out their loans in good faith, the famous passage from Dante seems chillingly appropriate: “Abandon hope, all ye who enter here.”  
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Note: Parts of this essay were taken from an essay originally published in 2010 in Teachers College Record.  The citation for the original article is Richard Fossey & Robert C. Cloud, Abandon Hope, All Ye Who Enter Here: Defaulting Student Loan Debtors Have No Place to Hide. Teachers College Record, October 12, 2010 at http://www.tcrecord.org, ID Number: 16195.

References

Chae v. SLM Corporation, 593 F.3d 936 (9th Cir. 2010).

Cloud, R.C. (2006). Offsetting Social Security benefits to repay student loans: Pay us now or pay us later, Education Law Reporter, 208, 11-21.

Fossey, R. (1997).  "The certainty of hopelessness:" Are courts too harsh toward bankrupt student loan debtors?  Journal of Law and Education, 26, 29-48. 

Garner, B. A. (Ed.). (9th ed. 2009). Black’s Law Dictionary. St. Paul, Minn.: West Publishing Company.

Lockhart v. United States, 546 U.S. 142 (2005).

Joseph Mack (2006). Nullum Tempus: Governmental immunity to statutes of limitation, laches, and statutes of repose. Defense Counsel Journal, 73, 180-196.

New York Higher Education Services Corporation v. Fabrizio, 900 N.Y.S.2d (A.D. 3 Dept. 2010).

Raphael I. Pardo & Michelle R. Lacey (2009).  The real student-loan scandal: Undue hardship discharge litigation.  American Bankruptcy Law Journal, 83, 179-235.

Glen E. Roper (2005). Eternal student loan liability: Who can sue under 20 U.S.C. 1091a? Brigham Young University Journal of Public Law, 20, 35-78.


Saturday, February 7, 2015

President Obama proposes a free community college education but the Brookings Institution disapproves

Even a blind hog occasionally finds an acorn, and President Obama finally came up with a good idea for addressing the student-loan crisis--or at least the kernel of a good idea. In his State of the Union address, the President proposed offering a free community-college education to every American.

But the Brookings Institution apparently doesn't like that idea.  Stuart M. Butler authored a piece for Brookings on President Obama's plan and offered these criticisms.
Stuart M. Butler
Senior Fellow, Brookings Institution
First, Mr. Butler argued, "the plan is badly targeted." Providing free community-college education "would mean middle-income and even upper-income, students would get hefty subsidies, even though many do not need the help."

Of course this is true, but public K-12 education is also free to rich and poor alike; and I don't hear anyone complaining. And to suggest that rich kids would pass up elite institutions like Harvard to get a free education at a local community college is absurd.

Second, Mr. Butler argues that community college "is usually a dead end." Here, Mr. Butler stands on firmer ground. It is true that only a small percentage of community-college students obtain two-year degrees; and very few transfer into four-year colleges  and eventually get bachelor's degrees.

Mr. Butler suggests that the federal government should "help states and school districts provide a fuller range of opportunities at the high school and college levels, such as professional credentials, apprenticeships and high-school career academies." Yes, of course; but President Obama's plan doesn't preclude other avenues for providing post-secondary education. In fact, I understood the President's free community-college proposal to incorporate more than just traditional academic programs.

Finally, Mr. Butler offers his flimsiest objection to President Obama's plan--that it might cause high-performing high-school students to "settle" for a free community-college education rather than apply to more elite institutions. Right--like a high school kid with a realistic chance of getting into the University of St. Andrews in Scotland, where Mr. Butler studied, would turn St. Andrews down to get free schooling at Alamo Community College in San Antonio.

So what does Mr. Butler suggest?  He wants bigger Pell Grants that could be used at any institution, presumably meaning the expensive elite colleges where the Brookings Institution's policy wonks went to school, as well as the for-profit colleges that are ripping off low-income young Americans.

And Mr. Butler also wants President Obama to give "more enthusiastic backing to new, low-cost competitors to traditional colleges and universities." Duh, Mr. Butler. Community colleges are low-cost competitors to traditional colleges and universities.

Mr. Butler finished his Brookings puff piece with a flourish. "President Obama would be much wiser," Mr. Butler concluded, "to use his political capital to spur competition and real cost reduction in higher education rather than subsidizing community college education."  Whatever that means.

In my view, President Obama articulated the germ of a good idea--two free years of postsecondary education at the nation's community colleges to anyone who is qualified to enroll.  Of course, the community colleges need to do a much better job of matriculating their students; and the transfer of students from two-year institutions to four-year institutions needs to be made surer and more smooth.

The president calculated that his plan to offer a free community-college education would only cost the federal government about $6 billion a year--about one fifth of what the federal student-aid program is currently pumping into the for-profit college industry. If the federal government would stop propping up the for-profits and support community colleges, the public would actually save money--a lot of money.

On the other hand, if President Obama wants to offer free community-college education as a new feature to our present rickety student-aid program, then his proposal is merely a diversion from the hard task of reform . Unfortunately, I think the president wants to add a $6 billion free community-college plan to an out-of-control federal student aid program that already costs more than $100 billion a year..

References

Stuart M. Butler. Obama's SOTU Free College Plan is Bad for Poor Americans. Brookings Institution, January 20, 2015. Accessible at: http://www.brookings.edu/research/opinions/2015/01/20-obama-free-community-college-bad-idea-sotu-butler

Susan Dynarski and Daniel Kreisman. Loans for Equal Opportunity: Making Borrowing Work for Today's Students. Hamilton Project, Brookings Institution, October 2013. Accessible at: http://www.brookings.edu/~/media/research/files/papers/2013/10/21%20student%20loans%20dynarski/thp_dynarskidiscpaper_final.pdf