Tag: Halperin

  • Apollo Wants Investors to Buy Back the University of Phoenix. They Shouldn’t. (David Halperin)

    Apollo Wants Investors to Buy Back the University of Phoenix. They Shouldn’t. (David Halperin)

    Having failed to complete deals to sell the troubled giant for-profit University of Phoenix to major state universities in Arkansas and Idaho — after people in those states got cold feet — the school’s owner, private equity behemoth Apollo Global Management, just before the holiday weekend announced an initial public offering for the school. 

    Phoenix’s parent company had been publicly traded until AGM and two other firms took the company private in 2017. Now they have gone back to Wall Street to re-sell the school to investors. 

    But should investors want to buy this operation? The presence of the heavily-advertised University of Phoenix in the college market has been bad for U.S. students, taxpayers, and the economy, because it has led many students to enroll in a school that often deceives people, and often leaves students with heavy debts and without the careers they sought — when they could be using taxpayer support and their own money to enroll in better value programs. 

    Moral and macro-economic concerns aside, it’s not even clear that buying Phoenix will be good for investor bottom lines. 

    The University of Phoenix, which has received tens of billions from federal taxpayers for student grants and loans — at times more than $2 billion in a single year — has faced numerous law enforcement investigations and actions for its deceptive recruiting of veterans, military service members, and other students across the country.

    Most notably, in 2019, Phoenix reached a record $191 million settlement with the Federal Trade Commission, which claimed the school had lured students with false claims about partnerships with major employers. Phoenix ran ads falsely indicating that the school had deals with companies including AT&T, Yahoo!, Microsoft, Twitter, and the American Red Cross to create job opportunities for its students and tailor school programs for such jobs, when that was not the case. The deceptive claim went to the heart of prospective students’ motivations for enrolling. Andrew Smith, then the Director of the FTC’s Bureau of Consumer Protection, said at the time of the agreement, “Students making important decisions about their education need the facts, not fantasy job opportunities that do not exist.”

    And last year California’s attorney general reached a settlement with Phoenix to resolve allegations that the school’s aggressive recruitment tactics directed at military students violated consumer protection laws. 

    The now almost entirely online school did a two-year dance with the University of Idaho that drew immense criticism from lawmakers, executive branch officials, newspaper editorial boards, and others in that state before the deal was finally called off in June.

    Bloomberg reported earlier this year that an IPO might value the University of Phoenix operation, which had $810 million in revenue for 2023-24 (81 percent of that from federal taxpayer dollars), at $1.5 billion to $1.7 billion. And the new Trump administration has signaled in multiple ways that it is reducing protections for students against predatory college abuses, a development that may make investors more willing to buy a piece of a school like Phoenix.

    But new federal legislation requires schools to provide some financial value for students. Also, state attorneys general, who have curbed and even slayed a number of for-profit giants over a decade, are watching; the media understands this issue, as it did not in the last wild west era fifteen years ago; and more potential students are wary after a generation of abuses.

    So it may end up being much tougher to thrive in the predatory college business than some might think. 

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  • Trump Team Weakens Bipartisan Law That Protects Students and Veterans From Predatory Colleges (David Halperin)

    Trump Team Weakens Bipartisan Law That Protects Students and Veterans From Predatory Colleges (David Halperin)

    On the eve of the 4th of July holiday, when they probably hoped no one was paying attention, the Trump Department of Education issued an Interpretive Rule that will make it easier for for-profit colleges to evade regulations aimed at protecting students, and especially student veterans and military service members, from low-quality schools.

    The Department’s 90-10 rule, created by Congress, requires for-profit colleges to obtain at least ten percent of their revenue from sources other than taxpayer-funded federal student grants and loans, or else — if they flunk two years in a row — lose eligibility for federal aid. The purpose is to remove from federal aid those schools of such poor quality that few students, employers, or scholarship programs would put their own money into them.

    For decades, low quality schools have been able to avoid accountability through a giant loophole: only Department of Education funding counted on the federal side of the 90-10 ledger, while other government funding, including GI Bill money from the VA, and tuition assistance for active duty troops and their families from the Pentagon, counted as non-federal. That situation was particularly bad because it motivated low-quality predatory schools, worried about their 90-10 ratios, to aggressively target U.S. veterans and service members for recruitment.

    After years of efforts by veterans organizations and other advocates to close the loophole, Congress in 2021 passed, on a bipartisan basis, and President Biden signed, legislation that appropriately put all federal education aid, including VA and Defense Department money, on the federal side of the ledger.

    The Department was required by the new law to issue regulations specifying in detail how this realignment would work, and the Department under the Biden administration did so in 2022, after engaging in a legally-mandated negotiated rulemaking that brought together representatives of relevant stakeholders. In an unusual development, that rulemaking actually achieved consensus among the groups at the table, from veterans organizations to the for-profit schools themselves, on what the final revised 90-10 rule should be.

    The new rule took effect in 2023, and when the Department released the latest 90-10 calculations, for the 2023-24 academic year, sixteen for-profit colleges had flunked, compared with just five the previous year. These were mostly smaller schools, led by West Virginia’s Martinsburg College, which got 98.73 percent of its revenue from federal taxpayer dollars, and Washington DC’s Career Technical Institute, which reported 98.68 percent. Another 36 schools, including major institutions such as DeVry University, Strayer University, and American Public University, came perilously close to the line, at 89 percent or higher.

    The education department last week altered the calculation by effectively restoring an old loophole that allowed for-profit colleges to use revenue from programs that are ineligible for federal aid to count on the non-federal side. That loophole was expressly addressed, via a compromise agreement, after Department officials discussed the details with representatives of for-profit colleges, during the 2022 negotiated rulemaking meetings.

    All the flunking or near-flunking schools can now get a new, potentially more favorable, calculation of their 90-10 ratio under the Trump administration’s re-interpretation of the rule.

    In the lawless fashion of the Trump regime, the Department has now undermined a provision of its own regulation without going through the required negotiated rulemaking process. (The Department’s notice last week included a labored argument about why its action was lawful.)

    As it has done multiple times over its first six months, the Trump Department of Education, under Secretary Linda McMahon, has again taken a step that allows poor-quality predatory for-profit colleges to rip off students and taxpayers.

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  • U of Idaho President Seems To Temper His Cheerleading for U of Phoenix Purchase (David Halperin)

    U of Idaho President Seems To Temper His Cheerleading for U of Phoenix Purchase (David Halperin)

    In testimony Monday before a joint committee of the Idaho
    legislature, University of Idaho president C. Scott Green seemed a
    little less committed to the deal he has relentlessly touted for more
    than a year and a half — for his school to buy, for $685 million, the
    huge for-profit University of Phoenix from private equity giant Apollo
    Global Management.

    According to Idaho Education News, Green said the next move was Apollo’s. “We’re waiting to hear what they would like to do,” Green said.

    Green’s plan has been thwarted again and again, with negative votes in the Idaho legislature, a successful court challenge by the state’s attorney general, criticism from the state treasurer, and sharp scrutiny from news outlets in the state.

    The Green school deal has assumed that operation of Phoenix would
    bring millions in new revenue to fund his university. But it ignores
    that running a for-profit college, one that has repeatedly gotten in trouble with law enforcement,
    would be a tremendous challenge: If Green pushed to end Phoenix’s
    predatory practices and improve student outcomes, it probably would
    start losing money, because predatory practices, coupled with high
    prices and low spending on education, have made up the school’s secret
    sauce. But if Green allowed the deceptive conduct to persist, the school
    could face more legal peril. And, whatever route he took, Green’s
    school might end up assuming massive liability for student loan debt the
    government has cancelled based on past abuses at Phoenix.

    At its peak, Phoenix was the largest for-profit college in the
    country and got upwards of $2 billion a year in federal student aid,
    while boasting dismal graduation rates and high levels of loan defaults.

    Last summer, the University of Idaho and Apollo agreed to a one-year extension of their purchase deal. That arrangement expires June 10. Meanwhile Apollo has the right to talk with other potential buyers.

    Apollo already has sent Idaho $5 million to cover the school’s
    high-priced legal and consulting fees in connection with the deal, and
    it has agreed to pay up to $20 million to Idaho if the deal falls
    through.

    Green told the legislature that $20 million would cover his school’s
    costs with perhaps $2 to $3 to spare. “I think we’re well-protected,” he
    boasted.

    Kind of. Green, whose background is in corporate management and
    finance, could potentially walk away without losing money for the
    school. But he has tied up state university, executive, legislative, and
    judicial resources for many hundreds of hours jousting over an effort
    that would keep alive a predatory school that has buried thousands of
    graduates in debt they can’t afford to repay, while wasting billions in
    federal taxpayer dollars, when that time could have been focused on the
    real challenges of state higher education.

    If Idaho can’t work out a deal, Apollo may run out of options to dump
    the school, and this taxpayer-funded multi-billion dollar disgrace may
    at last be put down.

    [Editor’s note: This article originally appeared on Republic Report.] 

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