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More flexibility proposed for student debt forgiveness

New rules proposed by the Biden administration on Wednesday would make it easier for borrowers to get their federal student debt forgiven through several existing programs.

The action is intended to overhaul relief programs that have been criticized for their burdensome paperwork requirements and long processing times. It builds on the administration’s efforts to expand targeted debt cancellation for certain borrowers while President Joe Biden considers broader student debt forgiveness.

“We are committed to fixing a broken system,” Education Secretary Miguel Cardona said in a statement. “If a borrower qualifies for student loan relief, it shouldn’t take mountains of paperwork or a law degree to obtain it.”

The proposal would smooth out a debt forgiveness process for students whose colleges deceive them, along with other programs for borrowers who are disabled and those with careers in public service.

It’s unlikely to open debt forgiveness to huge swaths of borrowers, but it’s meant to make it easier for those who already qualify. The Education Department plans to finalize the rules no later than July 1, 2023.

Some of the most significant changes are to the borrower defense program, which allows students to get their loans erased if their colleges lie to them or otherwise commit fraud.

The program has seen an explosion of claims over the last decade starting with an Obama-era crackdown on for-profit colleges. But political and legal battles have led to a backlog of more than 200,000 applications, with some borrowers waiting years for a decision.

Instead of requiring the government to review each claim individually — a rule set by the Trump administration — the new proposal would allow the Education Department to process groups of similar claims together.

If a college is found to have deceived students about their job prospects after graduating, for example, the department would be able to combine all claims from that school and approve them in one action. That option would be available if there’s evidence of widespread fraud by a school, determined by state or federal authorities or through a class-action lawsuit.

The Biden administration also hopes to hold more colleges financially liable for their students’ canceled loans. In the past, loan cancellation has typically been passed to taxpayers, but the proposal rules would make it clear that the department plans to recoup costs from colleges that commit fraud.

And for the first time, borrowers would known when to expect a decision: The policy would require the Education Department to approve or deny individual claims within three years.

The new plan drew condemnation from the for-profit college industry, which faced intense scrutiny from the Obama administration but later found an ally in President Donald Trump.

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