The False Claims Act

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Proprietary education dates back to the late nineteenth century where institutions focused on professional training in teaching, medicine, and law (Breneman, Pusser, & Turner, S., 2000). The 1972 Higher Education Reauthorization Act included for-profit institutions in federal financial aid programs and changed the vernacular of higher education to postsecondary education (2000). This piece of legislation along with new technologies along with increased demand for higher education and prompted a resurgence of for-profit institutions in the latter half of the twentieth century (2000). From these changes, a new era of postsecondary education was born

According to Turner (2006), for-profit institutions are more responsive to the changes in the external environment and are able to capitalize on new opportunities. The growth among for-profit institutions can be attributed to their ability for geographic variation and catering to the need of non-traditional students for increased educational access. The geographic variation references the inability of non-for-profit educational institutions to adjust to changes in state, regional, and local demand due to political and social forces. For-profits' flexibility in their governance structure, sensitivity to market conditions, and the ability to generate investment capital through public and private means allow them to establish themselves in new and emerging markets regardless of career and location. Also, for-profit institutions are able to conceptualize the geographic boundaries of education that constrain traditional educational institutions. Therefore, for-profit hold a competitive advantage over non-profit institutions in attracting the expanding market of the aforementioned non-tradit...

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...sed a code of conduct entitled the Standards of Responsible Conduct and Transparency with the purpose of addressing major concerns (Fain, 2011; The Foundation For Educational Success, 2011). The issues that were primarily discussed were banning enrollment-based incentive pay and the disclosure to students of information about ‘transferability of credit and loan counseling’ (The Foundation For Educational Success, 2011). Institutions failing the annual review will lose their "good standing" (2011). Fain (2011) said that there were no public, economic, or organizational penalties associated with failure to comply other than removal from the Foundation’s protective website. Presently, the prominent for-profit educational groups have not signed the code of conduct and only 17 percent of for-profit institutions have agreed to the standards and their enforcement (2011).

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