'Your Results May Vary': Protecting Students and Taxpayers Through Tighter Regulation of Proprietary School Representations

56 Pages Posted: 17 Jul 2012

Date Written: 2010

Abstract

This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target markets by making misrepresentations when marketing their programs and recruiting students. These unscrupulous behaviors contribute to low completion rates and high loan default rates among proprietary school students — outcomes that cost students and taxpayers billions of dollars. Therefore, tighter regulation of proprietary school marketing and recruitment practices is needed.

Keywords: proprietary, for-profit, higher education, student loans, advertising, marketing, publicity, 1st Amendment, Education Department, graduation, fraud, financial aid

Suggested Citation

Taylor, Aaron N., 'Your Results May Vary': Protecting Students and Taxpayers Through Tighter Regulation of Proprietary School Representations (2010). 62 ADMIN. L. REV. 729 (2010) , Saint Louis U. Legal Studies Research Paper No. 2010-41, Available at SSRN: https://ssrn.com/abstract=2087851

Aaron N. Taylor (Contact Author)

AccessLex Institute ( email )

10 North High Street
Suite 400
West Chester, PA 19380
United States

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