DeVos says Obama 'weaponized' rules created for defrauded students

This post has been updated with a comment from the spokesperson for the House Committee on Education and Labor.

Education Secretary Betsy DeVos told a congressional hearing on Thursday that processes implemented by the Obama administration are the reason why the Education Department (ED) has been stalling on loan forgiveness requested by more than 200,000 defrauded students.

However, Democrats noted that a 2017 inspector general report includes evidence that a student loan official appointed by DeVos contradicted this claim.

Speaking at a hearing in front of the House Committee on Education and Labor for the first time in eight months, DeVos blamed the Obama administration for not putting proper processes in place and granting defrauded students debt relief claims haphazardly.

“When borrower defense arrived in 1995, it ... was little used… in the 20 years from 1995 to 2015, fewer than 60 claims were filed,” she said. “Then the previous administration weaponized the regulation against schools it simply didn’t like. They applied the law in a discriminatory fashion. So since 2015, there has been a 5,000% increase in borrower defense claims.”

U.S. Secretary of Education Betsy DeVos testifies during a hearing before House Education and Labor Committee December 12, 2019 on Capitol Hill in Washington, DC.  (Photo: Alex Wong/Getty Images)
U.S. Secretary of Education Betsy DeVos testifies during a hearing before House Education and Labor Committee December 12, 2019 on Capitol Hill in Washington, DC. (Photo: Alex Wong/Getty Images)

Under existing law, borrowers with federal loans are eligible for loan forgiveness if a college or a university has misled them or engaged in other misconduct in violation of certain state laws.

And in 2015, after for-profit giant Corinthian Colleges closed down, the number of debt relief or loan forgiveness claims skyrocketed. The Obama administration then created special rules to address the problem, making it easier for defrauded students to get their loans cleared — with some getting automatic loan forgiveness if they qualified.

A spokesperson for the Democrat-led House Committee on Education and Labor told Yahoo Finance, citing a December 2017 inspector general report about borrower defense, that the current administration actually acknowledged the existing process and suggested that “it was effective.”

In a November 2017 email, then-Federal Student Aid (FSA) Chief Operating Officer A. Wayne Johnson stated that “the policies and procedures were consistently communicated and understood throughout the borrower defense program.” Johnson, appointed by DeVos, resigned in November.

‘They left tens and thousands of claims behind’

Upon entering office in February 2017, DeVos inherited 64,000 claims from students seeking relief. (Presently there are roughly 240,000 claims pending). The same methods the Obama administration used to adjudicate claims were insufficient, DeVos asserted.

“In fact, the prior administration was encouraging claims to be filed knowing full well it lacked the ability to even accurately track them,” DeVos told the hearing. “It knew that the department couldn’t quickly and legally give blanket forgiveness of all loans. So when they left office, they left tens and thousands of claims behind.”