2016 For-Profit College Issues

The University of Phoenix is one step closer to being sold and going private. The U.S. Education Department approved the $1.14 billion sale of parent company Apollo Education Group to three private equity firms on Wednesday.

But before that happens, the new owners, including two executives with close ties to the Obama Administration, must agree to the conditions set forth by the department.

The conditions require the company to submit a letter of credit totaling about $386 million to be used as collateral if the company can't pay back funds advanced to it by the federal government. Apollo would also agree not to change or add any new programs until June 30, 2018 and to maintain enrollment levels at or below current levels.

The agreement would apply to both the University of Phoenix and Western International University, both owned by Apollo.

Republicans have been questioning the deal because of the involvement of Marty Nesbitt, a close friend of President Obama who runs the Vistria Group, one of the equity firms. Also, Vistria's co-founder is Tony Miller, who was deputy secretary of education from 2009 to 2013.

The Trump Effect

The apparent close ties to the Obama White House have brought calls for tighter scrutiny of the arrangement from educators as well as political interests.

“It’s entirely reasonable to ensure that an ownership group with no prior experience running a college of any sort should abide by certain restrictions,” said Ben Miller, senior director for postsecondary education at the Center for American Progress, according to Inside Higher Education. “It’s very clear the department is taking a real risk that Tony Miller and others who have no experience in running a college will be able to do so successfully.”

Some analysts suggested the requirement for the letter of credit was "onerous" and would push an already troubled institution further into the red. But some also suggested the buyers might go ahead with the deal in hopes that the incoming administration of President-elect Trump -- no stranger to the for-profit education business -- might take a kinder view and loosen the restrictions. 

The University of Phoenix has for years been the largest and best-known for-profit college, with an enrollment nearing 500,000 in 2010. But after a series of lawsuits, scandals, and governmental pressure, enrollment is now down to about 175,000 and the company's future prospects are unclear.

The Obama Administration has cracked the whip on for-profit schools, which critics say charge high tuition, make unrealistic promises of future employment, and deliver degrees and certificates that are often viewed as worthless by prospective employers.

Consumer advocates have for years encouraged students to look to community colleges, which tend to be much less expensive and deliver training that is more widely accepted in the marketplace. 

In another blow for the for-profit college industry, the U.S. Department of Education is withdrawing its recognition of the independent agency that accredits many for-profit schools.

The Accrediting Council for Independent Colleges and Schools (ACICS) is appealing the decision and will continue to operate while the appeal is processed. It accredits about 245 colleges that enroll 600,000 students. Many of its colleges are for-profit schools.

“While we are disappointed in this decision, ACICS plans to continue diligent efforts to renew and strengthen its policies and practices necessary to demonstrate this agency’s determination to come into full compliance with the Department of Education’s recognition criteria and, most importantly, to improve outcomes for the estimated 600,000 students currently attending ACICS-accredited institutions," the agency's interim president, Roger Williams, said in a prepared statement. 

ACICS was the accrediting agency for ITT Tech and Corinthian, both of which collapsed under the pressure of multiple investigations by federal and state agencies. 

Is your school affected?

If the appeal is not successful, schools accredited by ACICS will have 18 months to find a new accrediting agency. Is your school accredited by ACICS? Find out here.

In September 2015, a report by the Center for American Progress faulted ACICS for not taking action sooner against Corinthian Colleges.

“In April 2014—while the Department of Education was actively investigating the company for its questionable job placement rates and just a few months before the department acted to start Corinthian’s closure—ACICS renewed the accreditation of two Corinthian campuses and authorized a new branch campus,” the report noted.

The report also found that one out of every five borrowers at an ACICS-accredited college defaults on his or her loans within three years of entering repayment, 50% higher than the national average. Many of those loans are backed by federal agencies, meaning that the defaults wind up costing taxpayers.

For-profit colleges are barred from receiving more than 90% of their revenue from federal financial aid, but following the collapse of ITT, Corinthian, and other for-profit chains, DeVry says it will accept no more than 85% of its revenue from the feds.

“This is a significant pledge that DeVry Group is voluntarily making for the long term and it underscores our commitment to finding solutions to the issues facing higher education today,” said Lisa Wardell, president and CEO of DeVry Education Group. “This is part of a broader effort to improve our policies and demonstrate the quality and value of our programs.”

DeVry is working with "a variety of stakeholders on those commitments," which will be announced later this year, Wardell said, adding: “As we continue to engage with key stakeholders, we look forward to sharing details of the other commitments when they are finalized.” 

Cracking down

Federal and state agencies have been cracking down on for-profit schools, which tend to enroll large numbers of military veterans and students seeking vocational training. Many such students qualify for federal financial aid, meaning that taxpayers wind up paying for programs that critics say do little to prepare the students for careers.

ITT Institute shut down earlier this month after the Education Department cut off its flow of federal funds. Corinthian College closed down in 2015, leaving many students adrift. It was hit with a $1.1 billion judgment in March, some of which may be available to help students retire outstanding loans.

DeVry has had problems of its own. In January, the Federal Trade Commission sued DeVry, charging it used deceptive advertising to lure students. Last year, the school closed 14 campuses, moving students to its online program.

DeVry Education Group operates schools under several names, including  American University of the Caribbean School of Medicine, Becker Professional Education, Carrington College, Chamberlain College of Nursing, DeVry Brasil, DeVry University and its Keller Graduate School of Management, Ross University School of Medicine, and Ross University School of Veterinary Medicine.

California has ordered ITT to stop enrolling new students. The order came Friday, just one day after the U.S. Department of Education banned ITT from enrolling new students using federal financial aid funds in certain locations. It also vowed to increase its financial oversight of the chain of for-profit schools.

“The federal action raises grave concerns about the continued financial viability of ITT,” said Joanne Wenzel, chief of the state Department of Consumer Affairs Bureau for Private Postsecond Education (BPPE). “We took today’s action in the interest of protecting potential students who are considering enrolling in ITT.”

The order becomes effective Sept. 1 and affects all 15 ITT locations in California.

BPPE said it will file an accusation on the charges and allegations set forth in the emergency order within 10 days. The accusation will seek to revoke ITT’s approval to operate in California.

Students who have questions or need additional information can call BPPE toll-free at (888) 370-7589 or visit the bureau’s website.

The U.S. Department of Education said it took the action after ITT's accrediting agency found that the institution was not in compliance with accrediting criteria and was unlikely to be able to correct its deficiencies.

“Our responsibility is first and foremost to protect students and taxpayers,” said Education Secretary John B. King Jr. in a statement. “Looking at all of the risk factors, it’s clear that we need increased financial protection and that it simply would not be responsible or in the best interest of students to allow ITT to continue enrolling new students who rely on federal student aid funds.”

The end may be near for the organization that issues accreditations to for-profit universities. Department of Education staff members who have been investigating the Accrediting Council for Independent Colleges and Schools (ACICS) have recommended cutting ACICS' federal recognition. 

“The staff recommendation is to withdraw recognition, which would mean the agency could not remedy its compliance issues,” the staff report said, charging that the ACICS had ignored warning flags at Corinthian Colleges, allowing billions of dollars of federal aid to flow to the now-defunct schools.

The report follows calls for action from consumer advocates, educators, and state attorneys general, including California's Kamala Harris who earlier this month said the accrediting group's actions hurt thousands of students. 

"The predatory scheme devised by executives at Corinthian Colleges, Inc. was unconscionable. And despite enforcement actions by the California Department of Justice and the federal government against Corinthian, ACICS continued to accredit Corinthian, hurting thousands of students in the process,” Harris said. “Students relied on Corinthian’s accreditation status, believing they were obtaining a high quality-education with real job prospects."

The staff report found “extensive and pervasive deficiencies” at ACICS and recommended to the National Advisory Committee on Institutional Quality and Integrity (NACIQI) that it terminate the organization’s federal recognition.

But the wheels grind slowly in federal agencies, and final action is still likely to be at least 18 months away, a DOE official said. A federal advisory body will discuss the staff report next week and additional reviews will follow.

What happens to students?

ACICS currently accredits 243 institutions, most of them for-profit schools. If the Education Department finally denies recognition to ACICS, those schools will be unaccredited and ineligible for federal aid.

In a blog posting, Matt Lehrich, communications director at DOE, said students at ACICS-accredited schools shouldn't panic.

"The chain of events that plays out next will take – at minimum – more than 18 months. That means that many of the students who already have started at one of these schools will be able to complete their certificates or degrees before there is a chance of anything changing," Lehrich wrote.

"Generally speaking, if you’re near the end of your program or you’re preparing to transfer to another college or university, this news probably won’t interrupt your program."

Lehrich has other advice for students in his blog posting, which you can read here. 

California Attorney General Kamala Harris thinks the largest national accrediting agency for degree-granting institutions should lose its accreditation.

Harris has written the U.S. Department of Education, urging it to revoke federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), which among its other accomplishments accedited the now-defunct Corinthian Colleges, Inc., which left tens of thousands of students with useless degrees and millions of dollars in debts.

“The predatory scheme devised by executives at Corinthian Colleges, Inc. was unconscionable. And despite enforcement actions by the California Department of Justice and the federal government against Corinthian, ACICS continued to accredit Corinthian, hurting thousands of students in the process,” Harris said. “Students relied on Corinthian’s accreditation status, believing they were obtaining a high quality-education with real job prospects."

ACICS boasts of accrediting more colleges than any other agency but a quick perusal of its roster finds that most of them are small vocational training institutions, offering certificates and associate degrees in such fields as dental assistance and office management. 

Harris joins 13 other state AGs who are opposing the renewal of ACICS as an accreditation agency. Harris and 10 other AGs are also calling for tougher standards for college recruiters on military bases.

Students choose a for-profit college for a lot of different reasons.

For-profit schools, like DeVry, University of Phoenix, and Strayer, were among the first to offer online courses, ideally suited to non-traditional students who wanted to pursue a degree while already in the workforce.

By and large, for-profit colleges have open enrollment, meaning almost anyone with a high school diploma who applies gets in. Traditional colleges over the last two decades have erected barriers, selecting only the students they want.

Finally, for-profit schools advertise, meaning more prospective students are aware of them and might be more likely to choose a for-profit school without looking into the alternatives.

Unfortuately, for-profit schools can be pretty expensive – and in the recent case of Corinthian College – accreditation has been an issue. Many students have left for-profit schools, with and without degrees, carrying a mountain of debt.

In recent years, for-profit schools have gotten some stiff competition from traditional colleges and universities, which are able to provide a quality, online education at much more affordable prices.

Most of them don't advertise, so here are five that deserve a closer look. If they are state supported schools, they usually charge more for out-of-state students. We selected schools that either don't charge extra, or the difference isn't that great.

New Mexico Highlands University

The school, with a campus in Las Vegas, New Mexico., was established in 1893. It offers degree programs in arts and sciences, business, education, and social work.

Tuition in its online programs costs $200 per credit hour for New Mexico residents and $314 for out of state students.

Murray State University

Murray State was founded in the early 20th century in Murray, Ky. It offers a large number of both graduate and undergraduate degree programs that are accessible online.

The in-state tuition rate is $317 a credit hour. Murray State has reciprocal arrangements with some other states in the region for reduced out of state tuition. For example, the cost is $383.50 for Alabama residents, $387 for Ohio residents, $335 for Tennessee residents, and $367 for residents of Missouri.

Columbia College

Columbia College is a private school, founded in 1851, with its campus in Columbia, Missouri. Since 2000, it has poured resources into its online degree programs and charges the same for in-state and out-of-state students – $275 per credit hour.

Bellevue University

Located in Bellevue, Nebraska, Bellevue University is another private school where the tuition is the same for everyone, regardless of where the student lives. It has ranked highly in the U.S. News annual college edition and offers 47 online undergraduate degree programs at a cost of $275 per credit hour.

Middle Georgia State University

Part of the University of Georgia system, Middle Georgia is located in Macon and offers a wide range of graduate and undergraduate programs online.

Students pursing an online degree pay a tuition of $169 per credit hour.

Since state supported colleges are usually cheaper for in-state residents, looks for an inexpensive education alternative where you live. Check out options in your state here.

Republican presidential candidate Donald Trump may have won big on Super Tuesday primary night, but earlier in the day he lost in New York's Appellate Court.

The justices declined Trump's request to dismiss fraud charges brought by New York Attorney General Eric Schneiderman against Trump University.

In his complaint, Scheiderman maintains Trump and business partner Michael Sexton were operating an unlicensed educational institution since 2005.

“By letter dated May 27, 2005, the New York State Department of Education (SED) notified Donald Trump individually, Sexton, and Trump University that they were violating the New York Education Law by using the word "University" when it was not actually chartered as one,” the justices wrote in their decision. “Likewise, SED notified these respondents that Trump University was also violating the Education law because it lacked a license to offer student instruction or training in New York State. SED stated, however, that Trump University would not be subject to the license requirement if it had no physical presence in New York State, moved the business organization outside of New York, and ceased running live programs in the State. In June 2005, Sexton informed SED that Trump University would merge its operation into a new Delaware LLC, and would indeed cease holding live programming in New York State.”

Never happened

But the justices agreed with Schneiderman that never happened. They also dismissed Trump's claim that the statute of limitations had expired.

“We hold that the Attorney General is, in fact, authorized to bring a cause of action for fraud under Executive Law § 63(12),” the court ruled.

In a statement, Schneiderman said the court's ruling was a “clear victory” to hold Trump and Trump University accountable for defrauding students.

“The state Supreme Court had already granted our request for summary judgment determining that Trump and his University are liable for operating illegally in New York as an unlicensed educational institution,” Schneiderman said. “Today’s decision means our entire fraud case can move forward, and confirms that the case is subject to a six year statute of limitations.”

2013 lawsuit

Schneiderman sued Trump for $40 million in 2013, claiming Trump University deceived its students and failed to deliver the apprenticeships it promised. In addition to the attorney general's action, several students have also filed a class action suit against Trump University.

It has even become an issue in the presidential campaign, with Trump rival Sen. Marco Rubio (D-FL) raising it during a recent debate.

"There are people who borrowed $36,000 to go to Trump University, and they're suing now – $36,000 to go to a university that's a fake school," Rubio charged. "And you know what they got? They got to take a picture with a cardboard cutout of Donald Trump."

Meanwhile, Schneiderman says he's pleased to be moving ahead with the case.

“We look forward to demonstrating in a court of law that Donald Trump and his sham for-profit college defrauded more than 5,000 consumers out of millions of dollars,” he said.

The Republican presidential candidates hammered fellow candidate and front-runner Donald Trump last week over Trump University, a for-profit school he set up to provide real estate training.

"There are people who borrowed $36,000 to go to Trump University, and they're suing now — $36,000 to go to a university that's a fake school," said Sen. Marco Rubio (R-FL), during last week's debate. "And you know what they got? They got to take a picture with a cardboard cutout of Donald Trump."

Trump University is the defendant in a class action lawsuit, originally filed in 2010, that claims, among other things, that students were promised a one-year apprenticeship, but it ended after they paid for a three-day seminar. Attendees who were promised a personal photo with Trump received only the chance to take a photo with a cardboard cutout; many of the instructors had little or no academic qualifications.

The Republican presidential campaign has actually focused renewed attention on for-profit universities and their role in mounting student loan debt.

While Trump University was more of an industry-specific training institute rather than university, many students who have enrolled in for-profit colleges have lived to regret it, especially those who borrowed large sums to attend now-defunct Corinthian College.

California Attorney General Kamala Harris is calling on the U.S. Department of Education (ED) to do more to protect students defrauded by Corinthian Colleges and other for-profit schools.

New regulations

The ED recently held the second of three negotiated rulemaking sessions to determine how student borrowers can get relief from federal student loans when these loans were used at a school engaging in decietful and abusive policies. Harris' office was one of two representatives for state attorneys general taking part.

“Too many students defrauded by for-profit colleges remain buried under mountains of student debt,” Harris said in a release. “I call on the Department of Education to revise their proposed regulations to ensure meaningful debt relief is available to any student misled by a predatory college."

Harris's office worked with federal investigators when looking into Corinthian College practices. The investigation found job placement rates were widely misrepresented to enrolled and prospective Corinthian students.

As a result, thousands of students who attended Corinthian have asked the ED to discharge their federal loans because they were deceived by Corinthian’s inflated job placement rates.

Attention on other for-profit schools

Harris maintains that Corinthian was not the only for-profit school engaging in this kind of activity. She says other for-profit institutions have used similar dishonest tactics against their students, and it is expected that many more students will need to utilize this defense.

Harris says another problem lies in vague federal regulations that make it hard to determine exactly who is eligible to have their student loans discharged. She says she would like to see new regulations define the criteria more clearly.

She's calling for a number of changes in the new draft of ED rules, including a broadening of the categories of school misconduct that would give rise to a defense to repayment.

The problems students have had with some for-profit school are well documented. Remember Corinthian College?

You don't have to have a long memory. In September 2014 the U.S. government sued the for-profit college for what it called an illegal predatory lending scheme.

The Consumer Financial Protection Bureau (CFPB) charged that  Corinthian lured tens of thousands of students to take out private loans to cover expensive tuition costs by advertising bogus job prospects and career services. To make matters worse, CFPB said Corinthian then used illegal debt collection tactics to strong-arm students into paying back those loans while still in school.

Before it declared bankruptcy and closed less than a year later, thousands of students had borrowed huge sums to attend, with nothing to show for it.

Proactive move

Now, the Department of Education wants to make sure potential train wrecks like Corinthian cross its radar screen before consumers have been harmed. It has announced creation of a Student Aid Enforcement Unit to respond more quickly and efficiently at the first suggestions of trouble.

"When Americans invest their time, money and effort to gain new skills, they have a right to expect they'll actually get an education that leads to a better life for them and their families," Acting Secretary of Education John B. King Jr. said in a release. "When that doesn't happen we all pay the price. So let me be clear: schools looking to cheat students and taxpayers will be held accountable."

To head up the unit, Robert Kaye is coming over from the Federal Trade Commission (FTC), where he was a top enforcement attorney.

Four divisions

The new unit will have four divisions that will perform special roles. The Investigations Group will be the early warning system, on the lookout for potential misconduct or high-risk activity among higher education institutions so that it can protect federal funding.

The Borrower Defense Group will provide legal support, It will analyze claims and make injury determinations.

The Administrative Actions And Appeals Service Group will impose administrative actions, such as suspending an institution and levying a fine. It will also try to resolve appeals by program participants.

The Clery Group will make sure for-profit colleges comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, requiring colleges and universities participating in federal financial aid programs to disclose campus crime statistics and security information.

DeVry University is the latest for-profit college to run afoul of regulators. The Federal Trade Commission has sued DeVry, alleging that its advertisements deceived consumers about the likelihood that students would find jobs in their fields of study and would earn more than those graduating with bachelor's degrees from other colleges or universities. DeVry said it will "vigorously fight" the complaint.

“Millions of Americans look to higher education for training that will lead to meaningful employment and good pay,” said FTC Chairwoman Edith Ramirez. “Educational institutions like DeVry owe prospective students the truth about their graduates’ success finding employment in their field of study and the income they can earn.” 

In its complaint, the FTC says DeVry claims that 90% of graduates landed jobs in their field within six months -- a claim the feds say is deceptive. The suit also alleges DeVry's claim that its graduates had 15% higher average incomes one year after graduation than the graduates of all other colleges or universities was deceptive.

Melanie of Suamico, Wisconsin, recently recounted her experience with DeVry in a ConsumerAffairs review. 

"When I graduated in 2010 with a computer bachelor's degree I was excited to get my job and start my career. Well I was fooled," she said. "I got no help from the school (even though I asked for help), I put in hundreds of resumes/apps on my own and got nothing. It is almost like the companies look at the degree that says DeVry on it and they run the opposite direction. I was thinking that I was doing something wrong, but the only thing I did wrong was trust that DeVry would help me get a job."

DeVry says it will "vigorously fight" the charges. "DeVry University measured the employment and earnings results of its graduates in a sound, rational and transparent basis," the company said in a prepared statement. 

"DeVry Group believes that the FTC’s complaint – filed 40 years after DeVry University began publishing accurate graduate employment statistics – is without a valid legal basis. In addition, the FTC’s complaint contains anecdotal examples that exaggerate the allegations but do not prove them," DeVry said. "DeVry University measures the employment and earnings results of its graduates on a sound, rational and transparent basis, and has published these results in a consistent manner over the years to provide students meaningful information." 

Hundreds of offers

The FTC's suit notes that a DeVry television ad showed people in business attire hanging hundreds of “offer letters” on a wall, with a voiceover that said all of the offer letters seen came from just the last year – followed by the 90% claim. The complaint alleges that DeVry counted numerous graduates as working “in their field” when they were not.

That might sound familiar to Gary of Wappingers Falls, N.Y., who said that despite getting his degree and going $62,000 in debt, he has been unable to find a job.

"When I joined the college they stated that they had a 92% placement for graduates within 6 months in their field of study," he said. "If I could trade my worthless degree for satisfaction of my student debts, I would do it in heartbeat."

"The college was no help in setting me up with any interviews, they only looked at my resume and made suggestions. I have been on my own since I graduated and have had no luck," Gary added. "I currently work as a courier to pay my bills, which I could have done without a college degree."

DOE action

In a related action, the U.S. Department of Education is also taking action against DeVry for its marketing practices.  It is providing notice to DeVry that it will be requiring the institution both to stop certain advertising regarding the post-graduation employment outcomes of its students and to take additional steps to ensure that DeVry can substantiate the truthfulness of its post-graduation employment outcomes.

“As required by the law and expected by the public, institutions need to be accurate in their marketing and recruiting to prospective students. And we confirm this truthfulness of advertisements through the backup information schools provide upon request,” said Under Secretary of Education Ted Mitchell.  “The Department and the FTC’s related announcements today are the result of much collaboration and cooperation. We are grateful to our partners at the FTC for their hard work and dedication on this matter.”