A man walks past Low Library on the Columbia University campus in New York City on March 9.; Credit: Mark Lennihan/AP

On Thursday, Columbia University and Pace University joined a growing number of colleges — including University of Miami, Drexel University and the University of Arizona — facing legal complaints aimed at their response to the coronavirus pandemic.

Thursday's suits were filed in federal court on behalf of Xaviera Marbury, a student at Pace, and an unnamed student at Columbia. Both complaints say students are owed reimbursement as well as damages for services that are no longer available now that campuses are closed. In both cases, those services include:

I. Face-to-face interaction with professors, mentors, and peers;
ii. Access to facilities such as computer labs, study rooms, laboratories, libraries, etc.;
iii. Student governance and student unions;
iv. Extra-curricular activities, groups, intramurals, etc.;
v. Student art, cultures, and other activities;
vi. Social development and independence;
vii. Hands-on learning and experimentation; and
viii. Networking and mentorship opportunities.

Marbury's complaint says her dorm rent costs $9,380 for the semester; she lost access to her dorm for approximately half the semester, the complaint says, but Pace is only offering to reimburse $2,000. Similarly, the Columbia complaint says that the student was refunded just 11% of their mandatory fees for the semester. The complaints also claim that though classes continue, their degree will eventually be worth less on the job market.

Marie Boster, a spokeswoman for Pace University, pointed out that the college is still offering services like tutoring and counseling along with classes remotely. "The faculty, staff and leaders of Pace continue to work tirelessly to support our students during this challenging time," she says. Columbia University had no comment on the suit.

The complaints, filed by a personal injury law firm in South Carolina, seek class action status on behalf of Columbia and Pace students. That same firm, Anastopoulo Law Firm, is also behind the suits against the University of Miami and Drexel.

"Universities are not delivering those services that students and their families have paid for," Anastopoulo attorney Roy T. Willey IV tells NPR. "It's not fair for the universities with multi-million dollar endowments to keep all of the money that students and their families have paid."

If the suits gain traction, the resulting damages would be a further blow to colleges already reeling from the financial impacts of the coronavirus. As NPR's Elissa Nadworny has reported, college endowments have taken a hit, some schools have begun to announce hiring freezes and others are looking at merging or closing their doors.

This content is from Southern California Public Radio. View the original story at SCPR.org.

Students walk outside Detroit's Pershing High School in 2017. A lawsuit claims the state of Michigan failed to provide the city's students with the most fundamental of skills: the ability to read.; Credit: Carlos Osorio/AP

In a landmark decision, a federal appeals court has ruled that children have a constitutional right to literacy, dealing a remarkable victory to students.

The ruling comes in response to a lawsuit brought by students of five Detroit schools, claiming that because of deteriorating buildings, teacher shortages and inadequate textbooks, the state of Michigan failed to provide them with the most fundamental of skills: the ability to read.

For decades, civil rights lawyers have tried to help students and families in underfunded schools by arguing that the U.S. Constitution guarantees children at least a basic education. Federal courts have consistently disagreed. Until now.

The ability to read and write is "essential" for a citizen to participate in American democracy, the 6th Circuit Court of Appeals ruled on Thursday. One cannot effectively vote, answer a jury summons, pay taxes or even read a road sign if illiterate, wrote Judge Eric Clay, and so where "a group of children is relegated to a school system that does not provide even a plausible chance to attain literacy, we hold that the Constitution provides them with a remedy."

"Like a daycare"

The 2016 complaint alleges that Michigan's then-Gov. Rick Snyder and the state's board of education denied Detroit students their fundamental right to literacy. It cites textbooks that were tattered, outdated and in such short supply that teachers could not send work home. The suit also describes school buildings that were in shocking disrepair: broken toilets and water fountains, leaking ceilings, shattered windows.

In warmer months, the complaint says, a lack of air-conditioning caused some students to faint; in winter, students regularly wore hats, coats and scarves to class. Students became accustomed to seeing cockroaches, mice or rats scurrying across the floor.

"You're sitting down in the classroom, and you see rodents in a corner. Or you can hear things crawling in the books," says Jamarria Hall, a plaintiff in the class-action suit, who graduated in 2017. "But the saddest thing of all was really the resources that they had, like, being in a class where there's 34 students, but there's only six textbooks."

Given these conditions, the five K-12 schools named in the complaint also struggled to retain teachers. Many classes were taught by paraprofessionals or inexperienced teachers placed through the Teach For America program. Often, Hall says, when teachers quit suddenly or didn't show up, students would simply be sent to the gym.

"For days on end — weeks on end — if the school didn't have a substitute or couldn't fill that gap, the gym was basically the go-to place. Or they would set students down in the classroom and really put on a movie, like Frozen... like a daycare," Hall remembers.

At one school, the complaint says, a math teacher quit soon after the school year began "due to frustration with large class sizes and lack of support. ... Eventually, the highest performing eighth grade student was asked to take over teaching both seventh and eighth grade math. This student taught both math classes for a month."

The complaint delivers a crushing assessment of these schools' failure to educate students: Proficiency rates "hover near zero in nearly all subject areas," it says.

"Illiteracy is the norm."

Previous legal efforts to argue that families in low-income, underfunded schools deserve better have run headlong into the U.S. Constitution, which makes no mention of the word "education," let alone a right to it.

One of the most famous cases, San Antonio Independent School District v. Rodriguez, made it all the way to the Supreme Court before the justices, in a 5-4 decision, ruled that families in poorer districts have no federal right to the same levels of funding as wealthier districts. They essentially said: The system isn't fair, but the U.S. government has no obligation to make it so.

In fact, the first judge to hear the current, Detroit case came to much the same conclusion.

U.S. District Judge Stephen Murphy dismissed the Michigan suit in 2018, writing that, yes, "literacy — and the opportunity to obtain it — is of incalculable importance," but not necessarily a fundamental right.

The students' lawyers disputed Murphy's reasoning and appealed his ruling, and, on Thursday, two of three judges took their side.

"We're not asking for a Cadillac"

In the past, many of the arguments used to pursue educational equity in the courts have been inherently comparative. Using the 14th Amendment's Equal Protection Clause, lawyers have focused on disparity — how one school or one district's resources compare to another's.

"This [case] is different," says Tacy Flint, a partner at Sidley Austin LLP and a lawyer for the plaintiffs. "It's not comparative. It's not a question of some people being treated worse than others. This fundamental right to a basic minimum education is a right that every child has."

Flint and her co-counsel focused more on a different pillar of the 14th Amendment, the Due Process Clause, saying the Constitution protects essential rights that "you can't imagine our constitutional democracy or our political life functioning without." And, Flint says, "access to literacy clearly fits that description."

Put simply: The plaintiffs' lawyers did not set out to level the playing field for all students. Instead, they attempted to use the appalling conditions of five Detroit schools to establish a floor.

"This case focuses squarely on literacy as the irreducible minimum," says Kristine Bowman, professor of law and education policy at Michigan State University.

And that minimum is pretty minimal.

"We're not asking for a Cadillac, or even a used, low-end Kia. We're asking for something more than the Flintstones' car," says co-counsel Evan Caminker, a former dean of the University of Michigan Law School.

In his dissent to Thursday's decision, Circuit Judge Eric Murphy argued that accepting literacy as a constitutional right would open a Pandora's box for states, and force federal courts to wrestle with questions beyond their purview: "May they compel states to raise their taxes to generate the needed [school] funds? Or order states to give parents vouchers so that they may choose different schools? How old may textbooks be before they become constitutionally outdated? What minimum amount of training must teachers receive? Which HVAC systems must public schools use?"

Murphy wrote that history, and legal precedent, are on his side: "The Supreme Court has refused to treat education as a fundamental right every time a party has asked it to do so."

After all, the judge reasoned, food, housing and medical care are also "critical for human flourishing and for the exercise of constitutional rights," but the Constitution "does not compel states to spend funds on these necessities of life." Why should education be any different?

A spokesperson for Michigan Gov. Gretchen Whitmer says her office is reviewing the court's decision before it decides what to do next. Whitmer's office also said in a statement that "the governor has a strong record on education and has always believed we have a responsibility to teach every child to read."

While the ruling is historic, it comes with several caveats. Basic literacy is a remarkably low standard to set for schools. As such, legal experts say, this ruling won't have an immediate impact on children in underfunded schools.

"We're not talking about the court having to recognize a broad-based, free-floating, generalized right to education," says Michelle Adams, a professor at Cardozo School of Law in New York City. This will not "open the floodgates of litigation. We're talking about a situation where students are being warehoused and required to be in school and yet they literally cannot read."

The case is also relatively young. The court's decision could be reviewed by the full 6th Circuit, appealed to the U.S. Supreme Court, or returned to play out in District Court. Whitmer's office has not yet indicated how the state will respond.

"The fight is not done yet," says Jamarria Hall, who is now living in Tallahassee, Fla., and taking classes at a community college. "We were fighting just to get into the ring. Now we're in the ring. Now the fight really starts."

This content is from Southern California Public Radio. View the original story at SCPR.org.

Secretary of Education Betsy Devos, seen on March 27, has released new rules for sexual assault complaints on college campuses.; Credit: Jim Watson/AFP via Getty Images

New federal regulations on how schools – from kindergarten all the way through college — must respond to cases of sexual assault and harassment are drawing swift and mixed reactions.

Education Secretary Betsy DeVos announced what she called historic changes Wednesday to Obama-era guidelines that she said will make the process fairer and better protect accused students. While some welcome the changes to Title IX as long overdue, survivors' advocates are panning the new rules as a throwback to the days when sexual assault was seldom reported or punished, and schools are protesting they can't possibly implement them by summer, as required.

Among the most significant changes are new regulations aimed at beefing up protections for accused college students, by mandating live hearings by adjudicators who are neither the Title IX coordinator nor the investigator, and real-time cross examination of each student by the other student's lawyer or representative.

"Cross examination is an important part of ensuring truth is found," said DeVos, adding that "our rule is very sensitive to not requiring students to face each other. In fact it specifically prohibits that. But it's an important part of ensuring that justice is ultimately served."

Under the new regulations, students also have a right to appeal, and schools are allowed to raise the evidentiary standard from "a preponderance of the evidence" to "clear and convincing," making it harder to find a student responsible for misconduct.

Also, the definition of sexual harassment narrows, so only that which is "severe, pervasive and objectively offensive" warrants investigation. On the other hand, dating violence and stalking would now be added to the kinds of offenses that schools must respond to.

Devos' proposed regulations, released last fall, would have given schools no responsibility to deal with off-campus incidents. But after a torrent of criticism, the final rules clarify that schools must respond to off-campus incidents that are in places or during events that the school is involved with. So, for example, frat houses would be covered, but a private off-campus apartment, would not. And a school would be obligated to respond to an alleged incident during a school field trip but not a private house party.

Cynthia Garrett, co-president of Families Advocating for Campus Equality, a group that advocates for the accused, welcomes the changes as long overdue.

"Anybody who's accused of something so vile [as sexual assault] has to have the opportunity to defend themselves," she says. "I think that in order to ruin someone's life [by expelling them from school] there has to be a process like this. It shouldn't be easy."

An accused student who asked to be identified as John Doe, as he was in his court cases, agrees that the new regulations are "very encouraging." He sued his school for suspending him after a hearing that he says denied him due process, by forcing him to defend himself without his attorney, and not allowing him to question his accuser. Later, after a federal court ruling in his favor, he reached a settlement with his school that wiped his record clean. But that was after nearly five years of what he describes as torment.

"People don't realize what these hearings used to look like," he says. "They can't just be a horse and pony show where they go through the motions and the school comes to a predetermined outcome."

Survivor advocates, however, say the new regulations will have a chilling effect on reporting, as alleged victims may view it as futile to file a formal complaint, or too retraumatizing, for example, to be subject to cross-examination. "This is extremely worrisome," says Sage Carson, manager of the survivor advocacy group Know Your IX. The new regulations "make it clear to me that DeVos cares more about schools and [accused students] than she does about survivors," says Carson.

The off-campus exclusion is also a sticking point. "We know that a majority of violence does not happen in libraries or in on-campus housing," says Carson.

She says she was assaulted in an off-campus apartment years ago, and was allowed to file a formal Title IX complaint back then. But if the rules then were like what DeVos is announcing now, Carson would not have had the option. "I would absolutely have dropped out of school," she says.

Doe, however, who was accused of an alleged assault during a private weekend jaunt hundreds of miles away from school during summer break, says the new rules prevent that kind of "overreach." His accuser wasn't a student at his college anymore. He says, "I just don't think that's reasonable."

Schools meantime, have objections of their own, first and foremost being forced to play the role of virtual trial courts to adjudicate intensely complex cases.

"We are not set up to do that," says Terry Hartle, senior vice president of the American Council on Education, a trade association representing 2,000 public and private colleges and universities. "We do not have the legal authority to do that. We don't have the social legitimacy to do that. We want to teach students. We don't want to run courts."

Schools also object to the timing, requiring the changes to be implemented by August 14th, even though schools are already overwhelmed with managing their sudden switch to online learning because of COVID-19.

"This is madness," says Hartle. "This is an extraordinarily complicated piece of work that they have spent more than three years developing. It's a mistake to now turn to colleges and universities and say, put it in place in 100 days. It's simply not going to work very well."

Smaller schools, especially, Hartle says, "are just overwhelmed. They don't know how or where to begin" to implement these changes.

Anticipating the objections, DeVos insisted that "civil rights really can't wait. And students cases continue to be decided now." She suggested that this may actually be the best time for schools to make the changes since there are no students on campus.

Hartle says schools will continue pressing for the Department of Education to allow schools more time. Meantime, several legal challenges are in the works, so a temporary stay is also a possibility. That would give schools a reprieve while those cases wind their way through the courts.

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: smartboy10/Getty Images

A for-profit college received millions of dollars from the federal government to help low-income students whose lives have been upended by the coronavirus outbreak, but that same school, Florida Career College (FCC), is also accused of defrauding students.

A federal class-action lawsuit filed on behalf of students in April calls FCC "a sham" and alleges that, long before the pandemic, the college was targeting economically vulnerable people of color. The plaintiffs say the vocational school enticed them with false promises of career training and job placement — but spent little on instruction while charging exorbitant prices and pushing students into loans they cannot repay.

The lawsuit comes as thousands of colleges across the country are receiving federal emergency relief in response to the coronavirus pandemic. Through the CARES Act, FCC has been allotted $17 million. The law requires that at least half of that money goes directly to students, but makes few stipulations for the rest of it.

Experts say the complaint against FCC raises serious concerns about the college's ability to safeguard taxpayer dollars, as well as its ability to serve its own students.

In a statement to NPR, Florida Career College General Counsel Aaron Mortensen says: "This lawsuit is baseless legally and factually. Though we cannot comment because the matter is in litigation, we will aggressively fight these false allegations."

Equipment was "at best limited, and at worse, nonexistent"

Plaintiff Kareem Britt was working as a cook when he noticed a Facebook ad for FCC.

"Are you tired of working minimum wage jobs? Eating ramen noodles?" the ad asked. "Are you ready to step up to steak? HVAC degrees make $16 to $23/hr."

An FCC representative told Britt that a degree could change his life and that the school would help him land a job. He qualified for a $6,000 federal Pell Grant and an FCC "scholarship loan" for $3,000. Britt decided to enroll in the HVAC training program.

After classes began, though, Britt says equipment necessary to learn the trade was in short supply. "Tools, machinery, and other learning devices were at best limited, and at worse, nonexistent," according to the complaint.

When it came time for the school to help Britt find a job, he says, FCC found him just two, two-week placements, and he failed to find HVAC work on his own. Making matters worse, once he'd finished school, Britt learned that he had also taken on federal loans worth $9,500, which he must now pay back as a hotel cook, the same kind of job he'd held before enrolling.

Reverse redlining

The complaint alleges that Florida Career College, along with its parent company, specifically targets economically vulnerable people of color.

"They are recruiting at majority Black high schools," says Toby Merrill, director of the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, one of the organizations representing the plaintiffs. "They are putting up billboards in towns where the population is mostly Black. And they're doing a lot of advertising on social media where you can choose to target your ad essentially by race."

Stephen Stewart is Jamaican and says he was drawn to an FCC ad on Instagram. He decided to visit campus, and says one word captures his experience: "pressure."

Like Britt, Stewart was considering FCC's HVAC program. After his tour, when a representative told him the program would cost more than $20,000, Stewart balked. He remembers the representative pushed, telling him: "'I know so many students that have went here... I'm talking about people with five, six kids in a worse situation than you're in.'" Stewart was 20 at the time and childless. "'You're telling me that they can go through this, make their payments and pay off their tuition, and you can't?'"

Stewart enrolled in FCC's HVAC program after being promised that, within a year, the school would find him a job in his field.

The complaint takes aim at these recruiting practices. It alleges that FCC is selling the promise of a career and financial success to cash-strapped communities of color where college feels out of reach, "discriminating against students on the basis of race by inducing them to purchase a worthless product by taking on debt they cannot repay."

According to Education Department data, 85% of FCC's students are people of color.

This practice of discriminating by targeting students of color has a name: Reverse redlining — a reference to the historical practice of excluding African-American families from home ownership and denying them access to services. Reverse redlining is illegal, and it's what sets this suit apart from previous legal battles over alleged predatory practices by for-profit colleges.

"In a weekly memo to my board last Friday, I said, 'So the new angle of attack against our sector is that we are predatory to minority communities,'" says Steve Gunderson, head of Career Education Colleges and Universities, an organization that serves as the national voice for career education schools like FCC.

"We have always celebrated the fact that approximately 45 to 50% of the students in our schools are African American and Hispanic," he says. "We're proud of that."

"Classes were a scam"

Long before the federal government granted FCC $17 million in pandemic relief, the school was already largely government-dependent. According to federal data, the lion's share of FCC's revenue — 86% — comes from federal financial aid funds, namely Pell Grants and student loans.

At the same time, federal data also suggest that the college fails to prepare many students for their chosen professions. Under an Obama-era rule known as "gainful employment," schools could lose access to federal aid if graduates don't earn enough income to repay their student debts. According to the complaint, 16 of the 17 FCC programs evaluated under the gainful employment rule failed that metric, meaning graduates weren't able to repay their loans. (The gainful employment rule was repealed in 2019.)

The median annual earnings of FCC graduates who ultimately found employment ranged from $8,983 to $32,871, according to the suit, which helps explain why, according to the most recent federal data, just 23% of FCC students have been able to pay down any of their loans' original balance within three years of leaving.

"Classes were a scam, a waste of time," says Stephen Stewart. The equipment was "limited" and "outdated," he says, and the instructor admitted to the class that he had little experience with HVAC. Stewart's worst day, though, came near the end of his nine-month program when he visited the career services department to ask when they'd help him find a job as they had promised.

Stewart says he was given a list of possible HVAC companies and told, "'You gotta get your job.'" So he did, with no help. But Stewart says it was clear that FCC hadn't given him the skills he needed to keep up in the job, let alone succeed, and he ultimately left. Today, Stewart is $15,000 in debt and says he feels "shattered" by the whole experience.

"The thing that upsets me the most about this is how much it preys upon people's hopes and dreams," says Ben Miller, who studies higher education accountability at the left-leaning Center for American Progress. "You know, you have a lot of folks who want to make a better life for themselves. They have maybe one shot at college, and you rip them off and basically ruin it."

But Gunderson takes a very different view, as head of the national association for postsecondary career colleges.

"[This lawsuit] is so frustrating, because this is nothing more than an organized national effort to destroy the reputation of the [career college] sector," he says.

Gunderson insists that career colleges, including FCC, have been held to unrealistic standards. He points to the gainful employment rule, which he says measured students' incomes relatively soon after graduation. "You've got to go into the five- or 10-year mark before most of these occupations have what you and I would call our respectable salaries."

But federal data also show that, even 10 years after enrolling in FCC, more than half of its students still didn't earn more than the typical high school graduate.

Gunderson says this lawsuit is just the latest salvo in a decade-long fight to discredit for-profit, career colleges — a fight he calls "monotonous and disappointing."

"Even if you're doing a terrible job"

The law requires that at least half of the $17 million FCC is receiving through the CARES Act must go directly to students, but makes few stipulations for the rest of those funds. In a letter, U.S. Education Secretary Betsy DeVos said institutions have "significant discretion" on how to award the assistance to students.

"We stand ready to deliver these funds," said Fardad Fateri, the head of FCC and its parent company, International Education Corporation, in a press release. "It is important we get these grants into the hands of our students right away, so they can better deal with this crisis."

FCC's $17 million is a small piece of the more than $14 billion lawmakers set aside in the CARES Act to help colleges and vulnerable students during the coronavirus pandemic. But Ben Miller says, in Congress' haste to help schools that serve low-income students, lawmakers are giving money to many schools with questionable records like FCC's.

"When there's no consideration of quality or outcomes, it's potentially a big award, even if you're doing a terrible job," Miller says.

Meanwhile DeVos has also championed separate policies that have made it easier for schools like FCC to continue to enroll students and receive federal student aid even as their graduates struggle. In 2019, DeVos repealed the Obama-era gainful employment rule that would have denied low-performing schools access to federal student aid.

Under the Trump administration, the Education Department has also changed the College Scorecard, a website meant to help prospective students compare colleges by price and performance. The department has removed easy access to schools' loan repayment rates. In 2018, it also removed another important metric: How the earnings of a school's graduates compared to the earnings of high school grads.

"Rather than highlighting institutions that show the best employment and loan repayment outcomes for students, this administration has made a concerted effort to hide this information from students with no explanation as to why," says Michael Itzkowitz, who was director of the College Scorecard during the Obama administration. "What's become more transparent is their willingness to prioritize certain institutions — namely for-profits — even if those aren't the best options for students choosing to pursue a postsecondary education."

The Education Department did not respond in time to requests for comment.

When students filed suit against the now-defunct for-profit Corinthian Colleges, claiming, like Britt and Stewart, that their schools had made promises about job placement and future earnings that they simply did not keep, DeVos revised another rule, known as "borrower defense," to make it more difficult for defrauded borrowers to get their money back. But the revision was so strict that 10 Senate Republicans joined with Democrats in March to rebuke the education secretary and reverse her decision.

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: smartboy10/Getty Images

A for-profit college received millions of dollars from the federal government to help low-income students whose lives have been upended by the coronavirus outbreak, but that same school, Florida Career College (FCC), is also accused of defrauding students.

A federal class-action lawsuit filed on behalf of students in April calls FCC "a sham" and alleges that, long before the pandemic, the college was targeting economically vulnerable people of color. The plaintiffs say the vocational school enticed them with false promises of career training and job placement — but spent little on instruction while charging exorbitant prices and pushing students into loans they cannot repay.

The lawsuit comes as thousands of colleges across the country are receiving federal emergency relief in response to the coronavirus pandemic. Through the CARES Act, FCC has been allotted $17 million. The law requires that at least half of that money goes directly to students, but makes few stipulations for the rest of it.

Experts say the complaint against FCC raises serious concerns about the college's ability to safeguard taxpayer dollars, as well as its ability to serve its own students.

In a statement to NPR, Florida Career College General Counsel Aaron Mortensen says: "This lawsuit is baseless legally and factually. Though we cannot comment because the matter is in litigation, we will aggressively fight these false allegations."

Equipment was "at best limited, and at worse, nonexistent"

Plaintiff Kareem Britt was working as a cook when he noticed a Facebook ad for FCC.

"Are you tired of working minimum wage jobs? Eating ramen noodles?" the ad asked. "Are you ready to step up to steak? HVAC degrees make $16 to $23/hr."

An FCC representative told Britt that a degree could change his life and that the school would help him land a job. He qualified for a $6,000 federal Pell Grant and an FCC "scholarship loan" for $3,000. Britt decided to enroll in the HVAC training program.

After classes began, though, Britt says equipment necessary to learn the trade was in short supply. "Tools, machinery, and other learning devices were at best limited, and at worse, nonexistent," according to the complaint.

When it came time for the school to help Britt find a job, he says, FCC found him just two, two-week placements, and he failed to find HVAC work on his own. Making matters worse, once he'd finished school, Britt learned that he had also taken on federal loans worth $9,500, which he must now pay back as a hotel cook, the same kind of job he'd held before enrolling.

Reverse redlining

The complaint alleges that Florida Career College, along with its parent company, specifically targets economically vulnerable people of color.

"They are recruiting at majority Black high schools," says Toby Merrill, director of the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, one of the organizations representing the plaintiffs. "They are putting up billboards in towns where the population is mostly Black. And they're doing a lot of advertising on social media where you can choose to target your ad essentially by race."

Stephen Stewart is Jamaican and says he was drawn to an FCC ad on Instagram. He decided to visit campus, and says one word captures his experience: "pressure."

Like Britt, Stewart was considering FCC's HVAC program. After his tour, when a representative told him the program would cost more than $20,000, Stewart balked. He remembers the representative pushed, telling him: "'I know so many students that have went here... I'm talking about people with five, six kids in a worse situation than you're in.'" Stewart was 20 at the time and childless. "'You're telling me that they can go through this, make their payments and pay off their tuition, and you can't?'"

Stewart enrolled in FCC's HVAC program after being promised that, within a year, the school would find him a job in his field.

The complaint takes aim at these recruiting practices. It alleges that FCC is selling the promise of a career and financial success to cash-strapped communities of color where college feels out of reach, "discriminating against students on the basis of race by inducing them to purchase a worthless product by taking on debt they cannot repay."

According to Education Department data, 85% of FCC's students are people of color.

This practice of discriminating by targeting students of color has a name: Reverse redlining — a reference to the historical practice of excluding African-American families from home ownership and denying them access to services. Reverse redlining is illegal, and it's what sets this suit apart from previous legal battles over alleged predatory practices by for-profit colleges.

"In a weekly memo to my board last Friday, I said, 'So the new angle of attack against our sector is that we are predatory to minority communities,'" says Steve Gunderson, head of Career Education Colleges and Universities, an organization that serves as the national voice for career education schools like FCC.

"We have always celebrated the fact that approximately 45 to 50% of the students in our schools are African American and Hispanic," he says. "We're proud of that."

"Classes were a scam"

Long before the federal government granted FCC $17 million in pandemic relief, the school was already largely government-dependent. According to federal data, the lion's share of FCC's revenue — 86% — comes from federal financial aid funds, namely Pell Grants and student loans.

At the same time, federal data also suggest that the college fails to prepare many students for their chosen professions. Under an Obama-era rule known as "gainful employment," schools could lose access to federal aid if graduates don't earn enough income to repay their student debts. According to the complaint, 16 of the 17 FCC programs evaluated under the gainful employment rule failed that metric, meaning graduates weren't able to repay their loans. (The gainful employment rule was repealed in 2019.)

The median annual earnings of FCC graduates who ultimately found employment ranged from $8,983 to $32,871, according to the suit, which helps explain why, according to the most recent federal data, just 23% of FCC students have been able to pay down any of their loans' original balance within three years of leaving.

"Classes were a scam, a waste of time," says Stephen Stewart. The equipment was "limited" and "outdated," he says, and the instructor admitted to the class that he had little experience with HVAC. Stewart's worst day, though, came near the end of his nine-month program when he visited the career services department to ask when they'd help him find a job as they had promised.

Stewart says he was given a list of possible HVAC companies and told, "'You gotta get your job.'" So he did, with no help. But Stewart says it was clear that FCC hadn't given him the skills he needed to keep up in the job, let alone succeed, and he ultimately left. Today, Stewart is $15,000 in debt and says he feels "shattered" by the whole experience.

"The thing that upsets me the most about this is how much it preys upon people's hopes and dreams," says Ben Miller, who studies higher education accountability at the left-leaning Center for American Progress. "You know, you have a lot of folks who want to make a better life for themselves. They have maybe one shot at college, and you rip them off and basically ruin it."

But Gunderson takes a very different view, as head of the national association for postsecondary career colleges.

"[This lawsuit] is so frustrating, because this is nothing more than an organized national effort to destroy the reputation of the [career college] sector," he says.

Gunderson insists that career colleges, including FCC, have been held to unrealistic standards. He points to the gainful employment rule, which he says measured students' incomes relatively soon after graduation. "You've got to go into the five- or 10-year mark before most of these occupations have what you and I would call our respectable salaries."

But federal data also show that, even 10 years after enrolling in FCC, more than half of its students still didn't earn more than the typical high school graduate.

Gunderson says this lawsuit is just the latest salvo in a decade-long fight to discredit for-profit, career colleges — a fight he calls "monotonous and disappointing."

"Even if you're doing a terrible job"

The law requires that at least half of the $17 million FCC is receiving through the CARES Act must go directly to students, but makes few stipulations for the rest of those funds. In a letter, U.S. Education Secretary Betsy DeVos said institutions have "significant discretion" on how to award the assistance to students.

"We stand ready to deliver these funds," said Fardad Fateri, the head of FCC and its parent company, International Education Corporation, in a press release. "It is important we get these grants into the hands of our students right away, so they can better deal with this crisis."

FCC's $17 million is a small piece of the more than $14 billion lawmakers set aside in the CARES Act to help colleges and vulnerable students during the coronavirus pandemic. But Ben Miller says, in Congress' haste to help schools that serve low-income students, lawmakers are giving money to many schools with questionable records like FCC's.

"When there's no consideration of quality or outcomes, it's potentially a big award, even if you're doing a terrible job," Miller says.

Meanwhile DeVos has also championed separate policies that have made it easier for schools like FCC to continue to enroll students and receive federal student aid even as their graduates struggle. In 2019, DeVos repealed the Obama-era gainful employment rule that would have denied low-performing schools access to federal student aid.

Under the Trump administration, the Education Department has also changed the College Scorecard, a website meant to help prospective students compare colleges by price and performance. The department has removed easy access to schools' loan repayment rates. In 2018, it also removed another important metric: How the earnings of a school's graduates compared to the earnings of high school grads.

"Rather than highlighting institutions that show the best employment and loan repayment outcomes for students, this administration has made a concerted effort to hide this information from students with no explanation as to why," says Michael Itzkowitz, who was director of the College Scorecard during the Obama administration. "What's become more transparent is their willingness to prioritize certain institutions — namely for-profits — even if those aren't the best options for students choosing to pursue a postsecondary education."

The Education Department did not respond in time to requests for comment.

When students filed suit against the now-defunct for-profit Corinthian Colleges, claiming, like Britt and Stewart, that their schools had made promises about job placement and future earnings that they simply did not keep, DeVos revised another rule, known as "borrower defense," to make it more difficult for defrauded borrowers to get their money back. But the revision was so strict that 10 Senate Republicans joined with Democrats in March to rebuke the education secretary and reverse her decision.

This content is from Southern California Public Radio. View the original story at SCPR.org.

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