Barre Montpelier Times Argus, VT 12-09-07 Once the solution, student loan agencies face scrutiny By JONATHAN D. GLATER The New York Times DES MOINES, Iowa — When Iowa set up a corporation to make student loans more available, it hoped to expand access to college. Now state officials are investigating whether the corporation's aggressive practices to get business help explain why Iowa's college graduates have the nation's second-highest debt burden per student. The nonprofit Iowa Student Loan Liquidity Corp., created in 1979, has become the dominant student lender in the state, with 400 employees and $3.3 billion in outstanding loans. Its officials, in recently disclosed e-mail messages, emphasized a need for "continued 'hypergrowth"' and benefits of "an aggressive, offensive strategy to bring in new loan volume." Some Iowa lawmakers, after hearings this fall, threatened to strip it of its authority to issue tax-free bonds, raising its costs, and the attorney general is investigating its business practices and governance. It is just one of several state-created lenders that have come under scrutiny. The states are focusing, to a degree, on issues similar to those raised in the national student loan scandal of the spring: lax oversight and, in Iowa, whether incentives to colleges led them to steer students to Iowa Student Loan. Other questions are particular to state-affiliated, nonprofit lenders, like whether they should be held accountable for lavish spending, be subject to greater public scrutiny or retain a right to issue tax-exempt bonds. In Pennsylvania, the state auditor is investigating the Pennsylvania Higher Education Assistance Agency, which has doled out $7 million in bonuses to senior employees since 2004 and spent lavishly on retreats. Its chief executive resigned in October. And last month, the federal Education Department's inspector general concluded that the agency improperly exploited a federal subsidy program to rake in $34 million. A recent state audit of the Missouri Higher Education Loan Authority, a quasigovernment corporation, found that it, too, had paid millions of dollars in bonuses, perks and severance packages to top executives. "They did not act like a state agency at all," said Susan Montee, the Missouri state auditor. "They really had the mindset that they were a for-profit business." Montee said the authority could have used its earnings for things like improving loan terms, but did not. "They weren't doing things to fulfill their mission of making higher education affordable," she said. In a response to the audit, the authority's chief executive, Raymond H. Bayer Jr., said the lender had new board members and senior managers "strongly rededicated to accountability, efficiency and transparency at all levels of the organization." Keith New, a spokesman for the Pennsylvania authority, said the company had already adopted new policies on compensation, bonuses and spending. But Chuck Ardo, a spokesman for Pennsylvania's governor, Edward G. Rendell, said he was reserving judgment and might yet recommend that it be sold. "Unless they show him that students are their first priority, then he thinks that they need to be privatized," Ardo said. State-affiliated student loan corporations came into existence when low-cost student loans were not widely available. Some acted as guarantors of loans before the federally guaranteed student loan program was created in 1966. Others bought loans made by banks, enabling them to lend more even when the economy soured. Over the years these agencies evolved, growing in size and reach, and becoming lenders themselves. They became so lucrative that a rash of them were acquired by private companies. Roughly 30 remain. Kathleen Smith, president of the Education Finance Council, which represents nonprofit and state-affiliated loan companies, said that the lenders performed a vital function and that the conduct of only a very few had drawn scrutiny. But in Pennsylvania, Missouri and Iowa, state officials have been asking whether the agencies have forgotten their purpose. State Sen. Michael Connolly, a Democrat, said of Iowa Student Loan: "If they're going to act like an aggressive profit-making corporation and pay their CEO a quarter of a million dollars a year and pay their board members $1,000 a meeting, then maybe we should cut them loose." The chief executive of Iowa Student Loan, Steve McCullough, strongly defended the corporation and said it had helped students go to college as federal and state aid stagnated. He has pledged to make the corporation more transparent by giving the state an annual report and formally opening board meetings to the public. He attributes debt burdens to rising tuition and relatively low family incomes in Iowa. "Iowa Student Loan does not control the factors that cause the need for students to borrow," McCullough said. Part of what has drawn attention to Iowa Student Loan is its dominance. At Iowa State, more than 90 percent of students who take out private loans borrow from Iowa Student Loan; at the University of Northern Iowa, about 80 percent do. Originally set up to purchase loans made by banks, Iowa Student Loan in 1987 began to offer consolidation loans, which allow students to combine loans and simplify repayment. In 1992, Iowa authorized the corporation to work with a state agency to offer "Iowa Partnership Loans," private loans not backed by the federal government. The sector is fast-growing and largely unregulated, and was the focus of recent state and federal investigations that turned up perks and rewards paid to college financial aid officers and universities to promote certain loan companies. Iowa Student Loan's efforts echo such practices. The Des Moines Register, after a legal battle, obtained internal corporation email messages dating back to 2003 through the state's public disclosure law showing the lender's zest for growth. The newspaper separately documented how the corporation had arrangements with colleges and universities to assume some of the costs of assisting students in taking out its private loans — an effort that appeared to pay off. For years, Iowa State University routinely included the corporation's private loans in students' financial aid packages although they are generally the most expensive way to pay for an education. State officials say that other Iowa colleges followed the same practice. Private loan volume has grown more than tenfold nationwide over the past decade, but in Iowa the increase is more than five times greater, according to the Iowa College Student Aid Commission, an agency that oversees the federal loan program in the state. McCullough said that that statistic exaggerated growth because the company's private loan program started out very small. Students who appeared at a legislative hearing this fall said they thought that the private loan was the only or the best option available. "The financial aid office never talked about anyone but Iowa Student Loan," Taleen Brady, a senior at Iowa State, said in an interview after testifying. She took out a $5,000 loan, paying a 9 percent origination fee for her first year of college. The next year, after talking to the director of the university's financial counseling clinic — which is outside the financial aid office — she switched lenders and got a loan with a much lower fee. Looking back, Brady was blunt in her assessment of the financial aid office. "It was very deceptive." Roberta L. Johnson, director of financial aid at Iowa State, said she had ended the practice of including private loans in financial aid awards shortly after she took over in 2003. She said, "Since we changed it, we have seen our student debt levels start to drop slightly." Iowa students also borrow a lot. According to Robert Shireman, executive director of the Project on Student Debt, a nonprofit organization financed largely by the Pew Charitable Trusts, the average debt of student borrowers graduating in Iowa in 2006 was $23,680, compared with a national average that year of $18,918. McCullough said that the reimbursements to colleges did not cover all the costs of handling the Iowa Partnership loans and that the lender offered the payments because although the loan program was authorized by statute and required counseling and other services to students, the state provided no financing. "We are certain that the marketing of the Iowa Partnership loan program in no way influenced students or parents to increase their borrowing," McCullough said. He said the company stopped making the payments this year. Iowa did not just authorize Iowa Student Loan to go into the private loan business, it cut its risk. The Iowa College Student Aid Commission for years bought defaulted private loans from the corporation. McCullough said the state proposed the arrangement to try to make money, by paying a small fraction of face value for the loans and then trying to collect. But a report by the Iowa College Student Aid Commission in November said that the agency did not expect to recoup $6.2 million it had spent to buy the loans. The commission no longer buys such loans. Iowa Student Loan's board members are appointed by the governor. Gov. Chet Culver, who took office in January, is waiting for the state attorney general to report on Iowa Student Loan's structure before making appointments. The state's auditor has recommended the removal of some board members because they also hold state regulatory positions, posing a conflict of interest.