ISAs market and business models are poised to evolve and adjust over the coming months considering the recent introduction of the ISA Student Protection Act and the Federal Reserve rate cut. ISAs can thrive in a low interest world by sharpening their value proposition to students, schools, and investors.
Two weeks ago, a bipartisan coalition of US Senators introduced the
ISA Student Protection Act (the Act), designed to provide a legal and regulatory framework for Income Share Agreements (ISAs) - Acuerdo de Ingreso Compartido (AIC) in Spanish - an alternative higher education financing tool where students receive funding in exchange for a percentage of the student’s income post-graduation for a fixed period of time.
On Wednesday, the Federal Reserve announced a quarter-point rate cut against a background of trade uncertainty, low inflation, and weakened global growth. How would Income Share Agreements continue gaining popularity in a low interest rate environment? How does this impact, if at all, the value proposition of ISAs versus comparable private and Federal Direct PLUS loans (if eligible) targeting how students’ most common use of ISAs to date – in colleges, students filling a gap after maxing out federal loans, and in coding bootcamps, students doing full-tuition ISAs? How could colleges and coding bootcamps innovate, diversify, and secure scalable ISA funding with the added risk of weak economic and employment growth?
ISA Student Protection Act
It is a welcomed proposal. Existing ISAs have no federal oversight and guardrails. The Act should help protect consumers and inspire confidence among investors. It brings ISAs under federal consumer protection laws and gives the Consumer Financial Protection Bureau oversight authority.
Below some areas from the Act for ISA operators, investors, schools, and enthusiasts to consider.
First, ISAs are not taxable. The Act excludes from all student’s gross income in tax calculations (a) the original amount financed and (b) the potential difference arising when total payments are less than the original amount financed.
Second, maximum percentage of income share set at 20%. There are a few existing ISA providers asking for 17% but I am not aware of any asking for more than 20%.
Third, maximum duration is 30 years. Calling long-term capital providers such as institutional and impact investors, foundations, philanthropists, and endowments to keep ISAs on your radar.
Fourth, income floor below which students are not required to pay is set at equal or greater than 200% of the federal poverty line. This is the equivalent of $24,980 in 2019 or more at the option of the funder. Currently, some ISA providers more than double this amount.
Fifth, unlike student loans, ISAs would be dischargeable under bankruptcy law. This is another reason why ISAs enable students’ freedom and range more than student loans.
Sixth, ISAs would not be controlled or precluded by state law with respect to (a) usury, and (b) ISA licensing or registration, unless such state enacts law specifically intended for ISAs.
Seventh, nothing would prevent ISAs from being securitized and repackaged into marketable financial instruments. ISAs could well join student loans into becoming a new stand-alone asset class.
Eighth, consumer credit reports may include information on student’s ISAs. Equifax, Experian, and Transunion beware.
How ISAs can thrive in a low interest world
With the Federal Reserve move to cut interest rates for the first time since 2008, ISAs’ challenge now appears to establish itself and grow to size and scale in a low interest rate world. What impact, if any, would this have on the ISA emerging ecosystem?
Here are some themes for ISA operators, investors, schools, and enthusiasts to ponder.
First, ISA providers should consider revisiting their competitive fit against comparable private and Federal Direct PLUS loans (if eligible) which may lower rates and APRs. Note that, with the rate cut, if you have student loans with a variable rate tied to a benchmark (only offered by private student lenders), you could now pay less interest. If you have federal loans, all of which have fixed interest rates (see
Federal Student Aid), you could consider refinancing. It is likely that only a very small percentage of the outstanding $1.6 trillion student debt will be eligible for it, and as
Nerd Wallet
says, it is a decision not be taking lightly.
Second, schools, students, and investors need to remain laser-focused on alignment of interests and risk. ISAs are poised to do this. They signal value to students as institutions shift focus to outcomes, have
Skin In The Game, and differentiate themselves from their peers. They serve as an insurance policy for students who do not know whether their education may or may not pay back. Whether ISAs are being used to cover a gap in student’s cost of attendance after maxing out federal loans, or selectively being deployed to help with temporary hardship, drive enrollment (ISAs do not require collateral or co-signer), or address needs of first-generation, low-income, or minority students, a stronger emphasis on ISAs value-add and benefits is recommended. For coding bootcamps, ISAs are a bit more straightforward as they are now the funding methods of choice after cash up front.
Third, schools could consider launching ISAs with a variable specified percentage of the future income of an individual. As far as I am aware, all ISAs so far have a fixed specified income share for the duration of the contract. As it is in the schools’ and investors’ best interest for students to get and stay in good jobs, perhaps there could be milestones along the life of the agreement that trigger a revision of the income-share percentage. For instance, perhaps gamification elements could be introduced in year XY of the ISA. These can be supported by employers and aimed at creating opportunities for students to advance their careers, with employers benefiting from engaging better with and improving the financial health of their team members.
Fourth, ISA ecosystem should consider introducing a scalable product for impact investors to complement institutional money, lower cost of capital, and legitimize ISAs in the face of the public with a strong “investors care” market signal. Mission-aligned institutional, professional, and retail investors, including UHNWIs, family offices, foundations, schools, pension funds, endowments, philanthropists, and wealth managers, could take this opportunity to promote and accelerate a shift in the culture of education finance, and drive long-term, ethical behavior aligned to
United Nations Sustainable Development Goals.
Fifth, leverage anchored education institutions to unleash ISA funding. Increase capital flows via tailored, strategic capital raising bringing key investors and organizations to invest alongside flagship schools. Perhaps there is even a performance boost to be explored on target returns due to tax benefits derived from students residing in or attending schools located in a qualified
New Markets Tax Credit
or
Opportunity Zones.
Sixth, ISAs should also consider fundraising outside the US. Non-US-based investors are keen on USD-denominates assets. Despite the trade disputes and “mid-cycle adjustment”, we still live in an increasingly globalized world. Some central banks already have interest rates of less than one percent or negative. Wealthy consumers are having to pay banks for having their cash accumulate dust (see
UBS plans negative interest rate for rich clients).
Accelerating Momentum
This low interest rate environment is as likely to continue as it is to reverse. Regardless of the direction, I believe ISA operators, investors, schools, and enthusiasts should continue in stealth mode, engaging with students, improving the product, building a track record, diversifying and scaling funding, etc. The ISA market and business models are poised to evolve and adjust over the coming months. Aside from monetary policy, the keys signals to watch for are the impact of low interest rates in economic activity, student’s willingness to advance or upskill their education, employer’s ability to fill and deliver good jobs, and investor’s attitudes towards a new alternative investment that delivers financial and social return.