Freedom Line Blog

Yesterday, Senator Jim DeMint of South Carolina introduced an amendment to block enforcement of the Department of Education’s recently released Gainful Employment rule. CFIF is pleased to see Senator DeMint take action against the rule, which goes too far in regulating private entities, and threatens to eliminate competition in higher education. Members of Congress on both sides of the aisle have made it clear that they oppose this rule, yet Senator Tom Harkin (D-IA) continues to lead a crusade against for-profit institutions. Moreover, Senate Majority Leader Harry Reid (D-NV) and Senator Dick Durbin (D-IL) have threatened to stop DeMint’s amendment in its tracks.

 As an organization that works to preserve free market principles against federal government assault, CFIF applauds Sen. DeMint for speaking out against the overbroad regulations that unfairly target career colleges. We call on all Members of Congress to continue to speak out and join Senator DeMint to prevent the enforcement of this unscrupulous rule.

Sorry to coin an awful word such as “lossful,” but in this case it fits. I wish to associate myself with Tim’s excellent post below about the Obamites advancing what he calls a “toxic” rule to undermine private, usually for-profit colleges. In addition to Tim’s history of excellent reports on this subject (and Renee’s), Mark Hyman has done several on-target pieces on the same subject. It’s also worth noting that this is not a typical, right-vs-left battle. As The Washington Times noted in an editorial, Marc Morial of The Urban League has joined a number of other left-leaning outlets in denouncing the administration’s outrageous policies. Mr. Morial told me the rule “would have disastrous consequences for those who are at greatest risk of a life in poverty if they don’t obtain a college education.”

As Linda Chavez wrote, “Shouldn’t the Education Department devote its resources to expanding opportunities for Americans to receive schooling, not restricting them?”

There’s new political malfeasance from the Obama Administration.  Its Department of Education has sent the destructive so-called “Gainful Employment Rule,” which unfairly persecutes and effectively eliminates private college competition in higher education, over to the Office of Management and Budget for final review.

In addition to its harmful effects, the Rule is also riddled with corruption, from allegations of insider trading to defective Government Accountability Office reports.  The Education Department’s handling of this issue has been simply appalling.  Even more outrageous is the fact that the Department has not made the most recent version of the Rule – the one that was just sent to OMB for final review – available to the public.

In February, we applauded the House of Representatives when it passed a bipartisan amendment to H.R. 1 that stated that “no funds may be used to ‘implement, administer or enforce’ the U.S. Department of Education’s proposed Gainful Employment rule, nor may the Department ‘promulgate or enforce any new regulation or rule’ that would have the same effect as the Gainful Employment rule.  Unfortunately, however, that amendment was not included in the final budget.  But the battle to preserve student choice and market freedom in higher education is far from over.

At a time when our country has fallen behind in the rate of college graduates, we need competition in higher education now more than ever if we want to survive in an increasingly competitive world economy.  The Rule is clearly not close to being ready for final review, and the Department of Education must  reconsider its implications.  Most particularly, its harmful impact on less wealthy and working students who rely on career colleges and ultimately on our economy.

This week’s edition of the Liberty Update, CFIF’s weekly e-newsletter, is out. Below is a summary of its contents:

Senik:  Libya: Confusion, by Committee
Ellis:  Air Claire Laid Bare: The Corruption of Claire McCaskill
CFIF Testimony Before NC House Finance Committee:  The Case Against Government Ownership of Broadband Networks
Release:  Leading National Organizations Urge Speaker Boehner to Preserve Amendment Defunding DOE’s “Gainful Employment” Regulation

Freedom Minute Video:  The Alternate Reality of Liberal Budgets
Podcast:  National Security Expert Discusses Libya
Jester’s Courtroom:  Underage Drinker Sues Bar for Her Injury

Editorial Cartoons:  Latest Cartoons of Michael Ramirez
Quiz:  Question of the Week
Notable Quotes:  Quotes of the Week

If you are not already signed up to receive CFIF’s Liberty Update by e-mail, sign up here.

Remember when the Obama Administration proposed thousands of new Internal Revenue Service (IRS) agents to enforce ObamaCare’s mandate that American businesses file 1099 tax forms every single time they spent over $600 with any supplier?  The resulting uproar was loud and justified.

Unfortunately, reports suggest that Obama’s Department of Education (DOE) similarly seeks to snoop through private IRS records to enforce its destructive “Gainful Employment Rule” against for-profit career colleges.

We at CFIF have chronicled the Obama Administration’s ongoing effort to cripple for-profit colleges via that rule, which would limit financial aid to students attending career colleges based upon arbitrary income data.  Along the way, we reported allegations of collusion between DOE personnel and short-sellers who had wagered that for-profit college stocks would decline.  Those allegations were sufficiently grave to trigger investigation by Senators Tom Coburn (R – Oklahoma) and Richard Burr (R – North Carolina).  Then, the GovernmentAccountability Office (GAO) withdrew, then revised and republished a defective study originally released last summer involving undercover “students” sent to capture information on for-profit colleges.  The GAO’s revisions all slanted in one direction – the original report inaccurately cast career colleges in an unfavorable light, while the revisions indicate that the GAO’s undercover students may have intended to entrap career college admissions personnel.  According to the GAO’s own estimate, only 1 percent of reports require correction, and the statistical likelihood that all of its flaws skewed in the same direction (unfavorably toward for-profit colleges) was 1 in 65,536.  Tellingly, the stock value of for-profit colleges reportedly fell 14%, or $4.2 billion, following the GAO report.

Now, instead of simply using aggregated, readily-available Bureau of Labor Statistics (BLS) data to enforce their Gainful Employment Rule, the DOE seeks to access private, individualized IRS records.  Not only does this intrude upon individual citizens’ private information, it serves to deter Americans from exercising free will in choosing the colleges that best fits their needs.  Additionally, as noted by Cesar Conda in The Washington Times, the Obama DOE’s effort constitutes a new get-rich scheme for the trial lawyer lobby:

The Department of Education should admit that it is using the Internal Revenue Service to send a not-too-subtle message to prospective students:  Attend a for-profit college, and risk that your private financial data may be analyzed to ensure that all your financial transactions are accounted for and allowed.  Thus, the Department of Education, rather than putting the interest of students first, is forcing hardworking adults to go through yet another hurdle to pursue upward mobility.  In their war against individual freedom and personal choice, the nanny bureaucrats never rest; they also roll out the red carpet for the trial lawyers. Clearly, the actual impact of such tracking of student incomes by the IRS will create a new business opportunity for class-action law firms, which will use these new student financial statistics, assembled and provided the Department of Education, to justify billion-dollar litigation.”

So in addition to crippling private career colleges that it considers politically unfavorable, the Obama Administration apparently wants to pore through students’ confidential IRS individual data.  Congress must maintain its current effort to defund this Obama Administration abuse, and Americans must support that effort and maintain its resolve.