Betsy DeVos Loses Lawsuit Student Loan Lawsuit Brought by 19 States

U.S. Secretary of Education Betsy DeVos lost a lawsuit brought by 19 states and the District of Columbia, accusing her department of wrongly delaying implementation of Obama-era regulations meant to protect students who took out loans to attend college from predatory practices.

A Washington federal court judge on Wednesday ruled the department’s postponement of the so-called Borrower Defense rule was procedurally improper.

The Obama administration created the rule in the wake of revelations that some for-profit colleges enticed students with promises of an education and diplomas that would allow them to get jobs in their chosen fields. In reality, many of those certifications weren’t recognized by prospective employers, leaving graduates saddled with student loans they couldn’t repay.

The Borrower Defense regulations changed the rules for forgiving student loans in cases of school misconduct and required “financially risky institutions” to be prepared to cover government losses in those instances, according to U.S. District Judge Randolph Moss’s 57-page ruling.

By postponing the effective date of those regulations, the Education Department deprived students “of several concrete benefits that they would have otherwise accrued,” Moss said. “The relief they seek in this action — immediate implementation of the Borrower Defense regulations — would restore those benefits.”

Writing that he didn’t want to delay matters further, Moss — a 2014 appointee of President Barack Obama — said he will hold a hearing Friday to consider remedies.

The department didn’t respond to a request for comment.

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SOURCE: Bloomberg, Andrew Harris and Daniel Flatley