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entitled 'Higher Education: Information on Incentive Compensation 
Violations Substantiated by the U.S. Department of Education' which 
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[Note: On March 12, 2010, GAO revised this product to correct 
information published on pages 2, 4-6, and 10-13 related to the dates 
in which Education substantiated an incentive compensation violation 
at certain schools, and the number of schools with violations 
confirmed before and after the publication of safe harbor regulations.] 

GAO-10-370R: 

United States Government Accountability Office: 
Washington, DC 20548: 

February 23, 2010: 

The Honorable Tom Harkin:
Chairman:
The Honorable Michael B. Enzi:
Ranking Member:
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

The Honorable George Miller:
Chairman:
The Honorable John P. Kline:
Ranking Member:
Committee on Education and Labor: 
House of Representatives: 

Subject: Higher Education: Information on Incentive Compensation 
Violations Substantiated by the U.S. Department of Education: 

In 1992, Congress banned schools participating in federal student aid 
programs from paying commissions, bonuses, or other incentive payments 
to individuals based on their success in enrolling students or 
securing financial aid for them.[Footnote 1] Congress instituted this 
incentive compensation ban to eliminate abusive recruiting practices 
in which schools enrolled unqualified students who then received 
federal student aid funds. In 2002, the U.S. Department of Education 
(Education) issued regulations--commonly referred to as "safe 
harbors"--that allowed for 12 activities or payment arrangements that 
schools could use without violating the ban against incentive 
compensation. As of January 2010, Education was reviewing these safe 
harbor regulations as part of a negotiated rule making process to 
maintain or improve federal student aid programs. 

The Higher Education Opportunity Act (HEOA) mandated that GAO conduct 
a study on Education's enforcement of the incentive compensation ban 
in light of the safe harbors and report on the number of violations 
substantiated by the Secretary of Education since 1998, the nature of 
these violations, and the names of the institutions involved.[Footnote 
2] As agreed with your offices, this report provides information on 
violations of the incentive compensation ban substantiated by the 
Secretary since 1998. We will provide additional information on 
Education's enforcement of the incentive compensation ban in a 
subsequent report. 

This report is based on our analysis of Education data, program 
reviews, and audit reports related to the incentive compensation ban 
from January 1998 through December 2009. As required by the mandate, 
our analysis examines incentive compensation cases initiated and 
substantiated by the Secretary of Education since 1998. For the 
purposes of our report, we defined cases initiated during this time 
period as program reviews begun by Education's staff or any outside 
audit report received by Education for eventual resolution on or after 
January 1, 1998[Footnote 3]. We defined substantiated violations during 
this period as those cases in which a violation of the incentive 
compensation ban was noted in an Education final determination letter 
by December 10, 2009, the most recent information available at the time 
of our review.[Footnote 4] We also limited our analysis to violations 
found at schools located in the United States.[Footnote 5] Education 
maintains a database of incentive compensation findings and gave us 
data on schools within the above time period. We assessed the 
reliability of those data elements needed for our study by (1) 
examining the data; (2) comparing the data to available program 
reviews, audit reports, and final determination letters; and (3) 
interviewing Education officials. Based on this assessment, we 
determined the number of schools as reported in Education's database 
that had violations identified and substantiated since 1998. We 
determined that the data on violations at these schools are 
sufficiently reliable for the purposes of this report. In addition to 
our data analysis, we reviewed relevant laws and regulations, and 
conducted interviews with officials from Education, Education's Office 
of the Inspector General, and various higher education associations. 
While this report provides data on violations substantiated by 
Education, it does not examine the penalties associated with these 
violations or assess the overall impact of the safe harbor regulations 
on Education's efforts to enforce the incentive compensation ban. 

We conducted our work from December 2009 through February 2010, in 
accordance with generally accepted government auditing standards. Those 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings based on our audit objectives. We believe that the evidence 
obtained provides a reasonable basis for our findings. 

In summary, we found that between 1998 and 2009 Education reported 
substantiating incentive compensation violations at 32 schools. Of the 
32 schools with substantiated violations, 18 schools were found to have 
violated the ban in the 5 years before final safe harbor regulations 
were published on November 1, 2002, and 14 schools were found to have 
violated the ban in the 7 years afterward. Many of the violations 
involved payments by schools to their staff in the form of bonuses or 
commissions for successfully enrolling students in the school, while a 
smaller number involved payments to third party contractors or noncash 
rewards to staff for successfully enrolling students. In addition to 
finding violations at 32 schools, Education entered into settlement 
agreements with 22 other schools. Education does not have data on the 
total number of school reviews and audits initiated by the Secretary 
and outside auditors for potential violations of the incentive 
compensation ban during the time period we reviewed.[Footnote 6] For 
this reason, it is unknown whether the total number of reviews and 
audits conducted each year has changed over the course of this time 
period and what percentage of these cases have resulted in 
substantiated violations. 

Background: 

U.S. Department of Education and the Incentive Compensation Ban: 

Education is responsible for overseeing federal student aid programs 
authorized under Title IV of the Higher Education Act of 1965, as 
amended.[Footnote 7] In this role, it is responsible for enforcing the 
statutory ban against incentive compensation which prohibits schools 
that receive Title IV student aid funds from providing "...any 
commission, bonus, or other incentive payment based directly or 
indirectly on success in securing enrollments or financial aid to any 
persons or entities engaged in any student recruiting or admission 
activities or in making decisions regarding the award of student 
financial assistance..."[Footnote 8] The ban applies to all schools, 
including proprietary (also known as private for-profit), public, and 
private nonprofit schools. 

Safe Harbor Regulations: 

On November 1, 2002, Education published regulations-commonly referred 
to as the safe harbor regulations-that allowed for 12 activities or 
payment arrangements that schools could use without violating the 
statutory prohibition against incentive compensation.[Footnote 9] 
These arrangements include: (1) adjustments to employee compensation 
that are not based "solely" on the number of students recruited, 
admitted, enrolled, or awarded financial aid; (2) compensation to 
recruiters who enroll students in nontitle IV eligible programs; (3) 
compensation for contracts with employers to provide training; (4) 
profit-sharing bonus plans; (5) compensation based upon program 
completion by students; (6) compensation for pre-enrollment activities; 
(7) compensation for managerial and supervisory employees; (8) token 
gifts; (9) profit distributions; (10) compensation for Internet-based 
activities; (11) compensation to third parties for nonrecruitment 
activities; and (12) compensation to third parties for recruitment 
activities. For more detailed information on the 12 safe harbors, see 
enclosure I. When Education published the regulations in November 2002, 
the agency applied the safe harbors to both ongoing and new reviews and 
audits.[Footnote 10] 

Program Reviews and Audits: 

Education department employees conduct program reviews of schools to 
monitor compliance with federal laws and regulations. The reviewers 
examine school records, interview institution staff and students, and 
review relevant student information, among other things. Program 
reviews can be conducted on-site at the institution or off-site, in 
which case institutions are asked to submit copies of selected records 
to officials at Education. In addition to program reviews conducted by 
Education employees, independent auditors conduct annual compliance 
audits of schools, and Education's Office of the Inspector General 
staff conduct their own audits and provide information and referrals to 
Education.[Footnote 11] Education is required to resolve program 
deficiencies identified in both program reviews and audit reports and 
may impose penalties on schools found in violation.[Footnote 12] As 
part of the resolution process, Education generally sends a program 
review or audit determination letter to the school describing the 
violations found and any corrective actions the school must take to 
address the finding. In addition, at any point during this process, 
Education may also choose to resolve a case through a settlement 
agreement, which often finalizes the case without an acknowledgment of 
wrongdoing. 

Between 1998 and 2009, Education Substantiated 32 Incentive 
Compensation Violations, but the Total Number of Schools Examined for 
Potential Violations Is Unknown: 

Between 1998 and 2009, Education found that 32 schools had violated the 
incentive compensation ban, but the total number of incentive 
compensation reviews and audits conducted over this time period is 
unknown.[Footnote 13] Prior to the implementation of safe harbor 
regulations in 2002, 18 schools were found to have incentive 
compensation violations over a period of 5 years. After the 
implementation of safe harbor regulations, 14 schools were found to 
have violations over a period of 7 years. Although our data analysis 
presents information on incentive compensation violations 
substantiated by Education, it does not reflect the total number of 
schools for which reviews and audits were initiated by Education and 
outside auditors for potential violations of the incentive compensation 
ban because this data is not collected by Education. Consequently, it 
is unknown whether the number of incentive compensation cases changed 
over the course of the time period reviewed and what percentage of 
these cases resulted in substantiated violations. 

Figure 1 shows the number of schools with incentive compensation 
violations substantiated by Education from 1998 through 2009. Many of 
the violations involved payments by schools to their staff in the form 
of bonuses or commissions for successfully enrolling students in the 
school, while a smaller number involved payments to third party 
contractors or noncash rewards to staff for successfully enrolling 
students. For more detailed information on the nature of the 
violations, as well as the names of the schools, see enclosure II. 

Figure 1: Number of Schools with Incentive Compensation Violations 
Substantiated and Reported by Education from 1998 through 2009: 

[Refer to PDF for image: vertical bar graph] 

Year: 1998; 
Number of schools found in violation, Audit: 2. 

Year: 1999; 
Number of schools found in violation, Program review: 2; 
Number of schools found in violation, Audit: 3. 

Year: 2000; 
Number of schools found in violation, Program review: 1; 
Number of schools found in violation, Audit: 3. 

Year: 2001; 
Number of schools found in violation, Audit: 3. 

Year: 2002; 
Number of schools found in violation, Audit: 3. 

November 1, 2002: Safe Harbor Regulations Published. 

Year: 2003; 
Number of schools found in violation, Program review: 5. 

Year: 2004; 
Number of schools found in violation, Program review: 3. 

Year: 2005; 
Number of schools found in violation, Audit: 2. 

Year: 2006; 
None. 

Year: 2007; 
Number of schools found in violation, Audit: 1. 

Year: 2008; 
Number of schools found in violation, Audit: 1. 

Year: 2009; 
Number of schools found in violation, Audit: 3. 

Source: GAO analysis of Education data, program reviews, audit 
reports, and final determination letters. 

Notes: 

[A] As required by the mandate, our analysis focuses on schools where 
violations of the incentive compensation ban were identified and 
substantiated by Education since 1998. 

[B] Final safe harbor regulations were published on Nov. 1, 2002, and 
were applied to both ongoing and new reviews and audits at that time. 
The safe harbors were not applied retroactively to closed reviews and 
audits that had final determinations prior to Nov. 1, 2002. 

[C] Education did not find any schools in violation of the incentive 
compensation ban in November or December of 2002, or in 2006. 

[D] The one school that had three separate violations is listed once 
under 1998 because all three violations were substantiated in that 
year. 

[End of figure] 

Education data also provide information on the type of schools that 
have violated the incentive compensation ban. From 1998 through 2009, 
proprietary schools had more substantiated violations than other types 
of schools. In total, 19 proprietary schools, 12 private nonprofit 
schools, and 1 public school had substantiated incentive compensation 
violations.[Footnote 14] 

In addition to the 32 schools with substantiated violations between 
1998 and 2009, 27 schools were identified by Education data, program 
reviews, Office of Inspector General audits, or independent audits as 
having potential violations of the incentive compensation ban during 
this time period. While Education is currently reviewing a few of these 
cases, in the others Education either found no incentive compensation 
violations or reached settlement agreements with the schools. 

As of December 2009, three schools under review had not yet received a 
final decision or a determination letter from Education.[Footnote 15] 

Two other schools identified as having potential violations were found 
by Education to have not violated the ban.[Footnote 16] At the first 
school, Education found that it was not a violation of the incentive 
compensation ban for teachers to receive commissions for students 
completing certain parts of the program. At the second school, 
Education found that commissions paid to a third-party representative 
based on the number of students submitting information cards following 
an informational presentation was not a violation of the incentive 
compensation ban. 

Additionally, Education entered into settlement agreements with 22 
schools.[Footnote 17] Many of the settlement cases involved incentive 
payments made to school employees based on the number of students 
enrolled. Generally, these settlements state that the agreements do not 
constitute an admission or acknowledgment of noncompliance or 
wrongdoing by either the institution or Education. 

Agency Comments: 

We provided a draft of this report to the Department of Education for 
review and comment. Education did not provide formal comments on this 
report, but did provide some technical comments that we incorporated, 
as appropriate. 

We are sending copies of this report to appropriate congressional 
committees and the Secretary of Education. In addition, the report will 
be available at no charge on GAO's Web site at [hyperlink, 
http://www.gao.gov]. If you or your staff have any questions about 
this report, please contact me at (206) 287-4820 or iritanik@gao.gov. 
Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. GAO staff who 
made major contributions to this report are listed in enclosure III. 

Sincerely yours, 

Signed by: 

Katherine M. Iritani, Acting Director:
Education, Workforce, and Income Security Issues: 

Enclosures - 3: 

[End of section] 

Enclosure I: Department of Education (Education) Safe Harbor 
Regulations: 

The Safe Harbor regulations, found at 34 C.F.R. § 668.14(b)(22)(ii) 
provide that the activities and arrangements schools may carry out 
without violating the incentive compensation ban include, but are not 
limited to, the following activities and arrangements: 

(1) The payment of fixed compensation, such as a fixed annual salary or 
a fixed hourly wage, as long as that compensation is not adjusted up or 
down more than twice during any 12-month period, and any adjustment is 
not based solely on the number of students recruited, admitted, 
enrolled, or awarded financial aid. For this purpose, an increase in 
fixed compensation resulting from a cost of living increase that is 
paid to all or substantially all full-time employees is not considered 
an adjustment. 

(2) Compensation to recruiters based upon their recruitment of students 
who enroll only in programs that are not eligible for Title IV, HEA 
program funds. 

(3) Compensation to recruiters who arrange contracts between the 
institution and an employer under which the employer's employees enroll 
in the institution, and the employer pays, directly or by 
reimbursement, 50 percent or more of the tuition and fees charged to 
its employees; provided that the compensation is not based upon the 
number of employees who enroll in the institution, or the revenue they 
generate, and the recruiters have no contact with the employees. 

(4) Compensation paid as part of a profit-sharing or bonus plan, as 
long as those payments are substantially the same amount or the same 
percentage of salary or wages, and made to all or substantially all of 
the institution's full-time professional and administrative staff. Such 
payments can be limited to all, or substantially all, of the full-time 
employees at one or more organizational level at the institution, 
except that an organizational level may not consist predominantly of 
recruiters, admissions staff, or financial aid staff. 

(5) Compensation that is based upon students successfully completing 
their educational programs, or one academic year of their educational 
programs, whichever is shorter. For this purpose, successful completion 
of an academic year means that the student has earned at least 24 
semester or trimester credit hours or 36 quarter credit hours, or has 
successfully completed at least 900 clock hours of instruction at the 
institution. 

(6) Compensation paid to employees who perform clerical "pre-
enrollment" activities, such as answering telephone calls, referring 
inquiries, or distributing institutional materials. 

(7) Compensation to managerial or supervisory employees who do not 
directly manage or supervise employees who are directly involved in 
recruiting or admissions activities, or the awarding of Title IV, HEA 
program funds. 

(8) The awarding of token gifts to the institution's students or 
alumni, provided that the gifts are not in the form of money, no more 
than one gift is provided annually to an individual, and the cost of 
the gift is not more than $100. 

(9) Profit distributions are proportionately based upon an individual's 
ownership interest in the institution. 

(10) Compensation paid for Internet-based recruitment and admission 
activities that provide information about the institution to 
prospective students, refer prospective students to the institution, or 
permit prospective students to apply for admission online. 

(11) Payments to third parties, including tuition-sharing arrangements, 
that deliver various services to the institution, provided that none of 
the services involve recruiting or admission activities, or the 
awarding of Title IV, HEA program funds. 

(12) Payments to third parties, including tuition-sharing arrangements, 
that deliver various services to the institution, even if one of the 
services involves recruiting or admission activities or the awarding of 
Title IV, HEA program funds, provided that the individuals performing 
the recruitment or admission activities, or the awarding of Title IV, 
HEA program funds, are not compensated in a manner that would be 
impermissible under paragraph (b)(22) of this section. [Section (b)(22) 
prohibits the payment of any commission, bonus, or other incentive 
payment based directly or indirectly upon success in securing 
enrollments or financial aid to any person or entity engaged in any 
student recruiting or admission activities or in making decisions 
regarding the awarding of Title IV, HEA program funds]. 

[End of section] 

Enclosure II: List of Violations Substantiated and Reported by the 
Department of 
Education (Education): 

Table 1: Violations Substantiated and Reported by Education: 

Date substantiated: 10/28/1998; 
School name: Euro Hair School; 
Location: Corpus Christi, Tex.; 
Review method: Audit; 
Description of violation: The school paid its director incentive 
payments. 

Date substantiated: 11/18/1998; 
School name: Professional Hair Design Academy[A]; 
Location: Greenville, S.C.; 
Review method: Audit; 
Description of violation: Documentation describing the specific nature 
of the incentive compensation violation was not available. 

Date substantiated: 1/7/1999; 
School name: Huntington Institute; 
Location: Norwich, Conn.; 
Review method: Audit; 
Description of violation: The school paid the Director of Admissions 
bonuses totaling $5,799, based on potential student leads. 

Date substantiated: 2/17/1999; 
School name: The Hair Design School; 
Location: Jacksonville, Fla.; 
Review method: Audit; 
Description of violation: Documentation describing the specific nature 
of the incentive compensation violation was not available. 

Date substantiated: 4/2/1999; 
School name: Graceland College; 
Location: Lamoni, Iowa; 
Review method: Program review; 
Description of violation: The school paid a third party contractor 
commission payments equivalent to a percentage of the students' 
tuition (60 percent at initial enrollment and 40 percent at re-
enrollment). The payments totaled nearly $6 million. 

Date substantiated: 4/19/1999; 
School name: Johnson & Wales University; 
Location: Providence, R.I.; 
Review method: Program review; 
Description of violation: The school was paying its admissions 
personnel commissions or bonuses based on their success in securing 
enrollments. 

Date substantiated: 9/9/1999; 
School name: Culver-Stockton College; 
Location: Canton, Mo.; 
Review method: Audit; 
Description of violation: The school awarded bonus payments totaling 
$2,575 to two admissions counselors for achieving a targeted number of 
enrollments. 

Date substantiated: 11/8/1999; 
School name: Liceo de Arte, Disenos y Comercio; 
Location: Caguas, P.R.; 
Review method: Audit; 
Description of violation: The school paid its enrollment officers car 
allowances based on their success in securing enrollments. The car 
allowance amount was directly related to the number of enrollments 
secured by the enrollment officer. 

Date substantiated: 11/12/1999; 
School name: Sunstate Academy of Hair Design[B]; 
Location: Sarasota, Fla.; 
Review method: Audit; 
Description of violation: The school paid nearly $2,000 in commission 
payments related to student recruitment. 

Date substantiated: 5/24/2000; 
School name: Rochester College; 
Location: Rochester Hills, Mich.; 
Review method: Audit; 
Description of violation: The school gave incentive payments to its 
admissions representatives based on recruiting performance. 

Date substantiated: 10/4/2000; 
School name: Nielsen Electronics Institute; 
Location: Charleston, S.C.; 
Review method: Audit; 
Description of violation: The school paid a bonus to one recruiter. 

Date substantiated: 12/8/2000; 
School name: Computer Learning Centers[C]; 
Location: Alexandria, Va.; 
Review method: Program review; 
Description of violation: The school assigned annual salary ranges 
based on the average number of students a recruiter enrolled per month 
and increased employees' salaries if they achieved a target number of 
enrollments during an evaluation period. 

Date substantiated: 3/23/2001; 
School name: Cheryl Fell's School of Business; 
Location: Niagara Falls, N.Y.; 
Review method: Audit; 
Description of violation: The school paid a total of $200 in referral 
fees to three students for enrolling other students. 

Date substantiated: 7/30/2001; 
School name: Precision Technical Institute; 
Location: Sacramento, Calif.; 
Review method: Audit; 
Description of violation: The school paid an employee $2,975, based 
directly on success in securing enrollments. 

Date substantiated: 8/3/2001; 
School name: CC's Cosmetology College; 
Location: Tulsa, Okla.; 
Review method: Audit; 
Description of violation: The school paid commissions to staff based 
on the number of students enrolled. 

Date substantiated: 1/28/2002; 
School name: National Aviation Academy of Mississippi; 
Location: Clearwater, Fla.; 
Review method: Audit; 
Description of violation: The school paid referral fees to third 
parties, totaling $3,000. 

Date substantiated: 9/13/2002; 
School name: Averett University; 
Location: Danville, Va.; 
Review method: Audit; 
Description of violation: The school had an arrangement to share 
revenue with a third party, based on the number of students who 
enrolled in a study group program. 

Date substantiated: 10/22/2002; 
School name: Texas Careers; 
Location: San Antonio, Tex.; 
Review method: Audit; 
Description of violation: The Laredo campus of this school provided 
payments to 128 students for the referral of other students to the 
campus. The campus paid a total of $3,225 in referral bonuses over a 2-
year period. 

Date substantiated: 2/13/2003; 
School name: High-Tech Institute[D,E]; 
Location: Phoenix, Ariz.; 
Review method: Program review; 
Description of violation: The compensation program of High-Tech 
Holdings' (the school's parent company) telemarketing department 
provided bonuses to those engaged in student recruiting activities 
based on success in securing enrollments. 

Date substantiated: 2/13/2003; 
School name: The Bryman School of Arizona[D,F]; 
Location: Phoenix, Ariz.; 
Review method: Program review; 
Description of violation: The compensation program of High-Tech 
Holdings' (the school's parent company) telemarketing department 
provided bonuses to those engaged in student recruiting activities 
based on success in securing enrollments. 

Date substantiated: 7/2/2003; 
School name: Newbury College; 
Location: Brookline, Mass.; 
Review method: Program review; 
Description of violation: Documentation describing the specific nature 
of the incentive compensation violation was not available. 

Date substantiated: 8/14/2003; 
School name: Pittsburgh Beauty Academy; 
Location: Pittsburgh, Pa.; 
Review method: Program review; 
Description of violation: The school awarded commission payments to 
employees based on success in securing the enrollment of students who 
were eligible for Title IV program funds. 

Date substantiated: 8/21/2003; 
School name: Ohio Valley College[G]; 
Location: Vienna, W.Va.; 
Review method: Program review; 
Description of violation: The school paid a total of $3,000 in bonuses 
to admissions staff over a 2-year period for meeting or exceeding 
recruitment goals. 

Date substantiated: 3/19/2004; 
School name: Hays Academy of Hair Design; 
Location: Hays, Kans.; 
Review method: Program review; 
Description of violation: The school paid a total of $100 to an 
employee for the recruitment of one student. 

Date substantiated: 3/22/2004; 
School name: California Recording Institute; 
Location: San Francisco, Calif.; 
Review method: Program review; 
Description of violation: The school paid a total of $2,445 in bonuses 
to an individual for successfully securing enrollments. 

Date substantiated: 10/19/2004; 
School name: Erie Institute of Technology[H]; 
Location: Erie, Pa.; 
Review method: Program review; 
Description of violation: The school had an incentive program which 
provided $300 cash payments to admissions representatives if the 
school reached its enrollment goal. The program also provided $100 
gift certificates to individual admissions representatives for 
reaching individual recruitment targets, and $25 gift certificates to 
individual admissions representatives for each application they 
secured above their individual recruitment target. In addition, the 
school rewarded staff with social outings for achieving recruitment 
goals. 

Date substantiated: 3/18/2005; 
School name: Concordia College; 
Location: Selma, Ala.; 
Review method: Audit; 
Description of violation: The school paid a total of $25,263 in 
incentive payments to 4 counselors for the recruitment of 95 students. 

Date substantiated: 6/2/2005; 
School name: Lipscomb University; 
Location: Nashville, Tenn.; 
Review method: Audit; 
Description of violation: The school paid bonuses totaling $62,500 to 
admissions staff based on team and territorial goals. 

Date substantiated: 5/4/2007; 
School name: Mount Olive College; 
Location: Mount Olive, N.C.; 
Review method: Audit; 
Description of violation: The school had an employee incentive plan 
worth approximately $5,000 for securing enrollments. 

Date substantiated: 11/20/2008; 
School name: New York Institute of Technology; 
Location: Old Westbury, N.Y.; 
Review method: Audit; 
Description of violation: Admissions advisors at the school's online 
division received compensation above and beyond their normal 
compensation based on the number of students enrolled. 

Date substantiated: 4/17/2009; 
School name: Colegio Biblico Pentecostal de Puerto Rico[I]; 
Location: St. Just, Trujillo Alto, P.R.; 
Review method: Audit; 
Description of violation: Documentation describing the specific 
nature of the incentive compensation violation was not available. 

Date substantiated: 10/2/2009; 
School name: Denmark Technical College; 
Location: Denmark, S.C.; 
Review method: Audit; 
Description of violation: The school paid bonuses totaling $52,500 to 
17 employees based on their recruitment of approximately 137 students. 
In addition, the school paid $22,750 to 10 executive council members 
and other faculty and staff who facilitated a recruitment program that 
exceeded recruitment goals. 

Source: GAO analysis of Education data, program reviews, audit reports, 
and final determination letters: 

Note: The data on incentive compensation violations come from an 
Education database on schools with incentive compensation violations. 
For most of the schools, Education provided additional documentation, 
such as program reviews, audit reports, or final determination letters 
describing both the violations and the dates they were substantiated. 
For four of the schools (Colegio Biblico Pentecostal de Puerto Rico, 
Euro Hair School, Lipscomb University, and Newbury College) Education 
had more limited documentation and was able to provide supplemental 
information describing either the violations or the substantiation 
dates. In the case of two schools (Professional Hair Design Academy and 
The Hair Design School), Education was not able to provide additional 
documents to supplement the database information. 

[A] Professional Hair Design Academy had three incentive compensation 
violations found during 3 separate audit years. However, all three 
violations were substantiated on Nov. 18, 1998. 

[B] Sunstate Academy of Hair Design is currently Meridian Career 
Institute. 

[C] The following Computer Learning Center locations were cited in the 
Final Program Review decision: Alexandria, Va.; Anaheim, Calif.; Cherry 
Hill, N.J.; Chicago, Ill.; Garland, Tex.; Houston, Tex.; Hurst, Tex.; 
Laurel, Md.; Los Angeles, Calif.; Lowell, Mass.; Madison Heights, 
Mich.; Manassas, Va.; Marietta, Ga.; Paramus, N.J.; Philadelphia, Pa. 
(branch campus); Philadelphia, Pa. (main campus); Pittsburgh, Pa.; 
Plymouth Meeting, Pa.; San Francisco, Calif.; San Jose, Calif.; 
Schaumberg, Ill.; Somerville, Mass.; and South Plainfield, N.J. 

[D] High-Tech Holdings, Inc. owns and operates two schools: High-Tech 
Institute (currently Anthem College) and the Bryman School. Incentive 
compensation violations were identified at each of these schools 
through a corporate-wide program review. However, Education issued 
separate final program review determination letters and catalogued the 
violations separately in their database. 

[E] The following High-Tech Institute (currently Anthem College) 
locations were cited in the Final Program Review decision: Phoenix, 
Ariz.; Sacramento, Calif.; Brooklyn Center, Minn.; Nashville, Tenn.; 
and Marietta, Ga. 

[F] The following Bryman School locations were cited in the Final 
Program Review decision: Phoenix, Ariz.; Aurora, Colo.; Orlando, Fla.; 
Irving, Tex.; and Las Vegas, Nev. 

[G] Ohio Valley College is currently Ohio Valley University. 

[H] The incentive compensation program at Erie Institute of Technology 
was also implemented at Toni and Guy Cosmetology and Great Lakes 
Institute of Technology, both located in Erie, Pa. 

[I] Colegio Biblico Pentecostal de Puerto Rico is currently Theological 
University of the Caribbean. 

[End of table] 

[End of section] 

Enclosure III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Katherine M. Iritani, (206) 287-4820 or iritanik@gao.gov. 

Staff Acknowledgments: 

In addition to the contact named above, the following staff members 
made important contributions to this report: Melissa Emrey-Arras, 
Assistant Director; Claudine Pauselli, Analyst-in-Charge; Colleen 
Moffatt; and Kris Nguyen. Also, Jean McSween provided guidance on the 
study's data analysis; Jessica Botsford provided legal advice; Mae 
Liles assisted with report graphics; Susan Aschoff provided writing 
assistance; and Ronni Schwartz and Kim Siegal verified our findings. 

[End of section] 

Footnotes: 

[1] Schools participate in federal student aid programs under Title IV 
of the Higher Education Act of 1965 (HEA), as amended. The ban on 
incentive payments was added to the HEA by the Higher Education 
Amendments of 1992, Pub. L. No. 102-325, § 490. 

[2] Section 1124 of the Higher Education Opportunity Act, Pub. L. No. 
110-315, Aug. 14, 2008. 

[3] Throughout this report, we use the terms initiated and identified 
interchangeably. 

[4] For the purposes of this report, we refer to violations 
substantiated by the Secretary as violations found or substantiated by 
Education, using the words found and substantiated interchangeably. 

[5] In addition to violations by U.S. schools of the incentive 
compensation ban, Education data also noted two separate incentive 
compensation violations at one foreign school. Foreign schools approved 
by Education can administer and disburse funds for federal student aid 
programs to U.S. citizens and certain noncitizens, such as permanent 
residents, eligible for Federal Family Education Loans and enrolled in 
a certificate or degree program at that school. Both of the violations 
identified at the foreign school were substantiated by Education. 

[6] For the purposes of our report, we focused on the total efforts to 
monitor compliance with the incentive compensation ban. While Education 
notes that approximately 5,000 audits have been conducted at schools 
each year and these audits have checked for incentive compensation 
violations, Education does not have data on how many program reviews 
examining incentive compensation issues have been conducted each year. 
As a result, data on the combined number of program reviews and audits 
initiated for potential incentive compensation violations since 1998 
are not available. 

[7] 20 U.S.C. § 1001 et seq. 

[8] 20 U.S.C. § 1094(a)(20). The ban does not apply to the recruitment 
of foreign students residing in foreign countries who are not eligible 
to receive federal student aid from the U.S. government. 

[9] 67 Fed. Reg. 67048. 

[10] Although these regulations were published with an effective date 
of July 1, 2003, as required by section 482(c) of the HEA (20 U.S.C. § 
1089(c)), the Secretary of Education used her authority under section 
482(c)(2)(A) of the HEA (20 U.S.C. § 1089(c)(2)(A)) to allow 
institutions to implement the regulations as of Nov. 1, 2002. In a memo 
dated Nov. 19, 2002, Education officials stated that the safe harbor 
regulations should be applied to ongoing cases. Education did not apply 
the safe harbor regulations retroactively to closed audits and reviews 
that had final determinations prior to Nov. 1, 2002. 

[11] Institutions that receive Title IV funds must submit an annual 
audit to Education. A certified independent auditor must prepare the 
audit. 

[12] In certain circumstances, Education may fine a school or suspend, 
limit, or terminate a school's participation in Title IV programs. 

[13] One of the 32 schools had three separate incentive compensation 
violations. All of the other schools had one substantiated incentive 
compensation violation. In addition, 4 of the 32 schools had multiple 
campus locations where incentive compensation violations were also 
substantiated by Education. 

[14] Education data show that prior to the publication of safe harbors, 
13 proprietary schools and 5 private nonprofit schools had 
substantiated incentive compensation violations. After the publication 
of safe harbors, 6 proprietary schools, 7 private nonprofit schools, 
and 1 public school had substantiated violations. 

[15] These cases without a final decision involve two private nonprofit 
schools and one public school. 

[16] Education did not find incentive compensation violations at two 
proprietary schools. Education made these determinations in 2000 and 
2007. 

[17] While there were 22 schools that entered into settlement 
agreements, 1 school had 2 separate settlements, bringing the total 
number of settlements to 23. Of the 23 settlements, 1 took place prior 
to the publication of safe harbors, and 22 took place afterward. The 
settlements involved 3 proprietary schools and 19 private nonprofit 
schools. 

[End of section] 

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