Pending FOIAs Regarding the University of Phoenix

The Higher Education Inquirer is awaiting five Freedom of Information Act (FOIA) responses from the US Department of Education (ED) regarding the University of Phoenix. All of these pending requests were made in 2023. 

ED has already provided important and substantial information, including an estimate of $21.6B in student loan debt by more than 900,000 University of Phoenix debtors and tens of thousands of Borrower Defense fraud claims, many that have already been settled in favor of the student debtors in Sweet et al. v Cardona. 

To any organization considering an acquisition of the school, we suggest that they read this information as part of their due diligence. 

Copies of this article have been sent to University of Idaho President C. Scott Green and Idaho Governor Brad Little. 

23-02053F

R

The Higher Education Inquirer is requesting a digital copy of the most recent Program Participation Agreement between the University of Phoenix and the US Department of Education.  This request is being made for transparency and accountability related to a proposed sale of the University of Phoenix by Apollo Global Management and Vistria Partners.  The most current potential buyer is the University of Idaho, which will create a new organization that will issue bonds.   (Date Range for Record Search: From 06/22/2016 To 06/22/2023)

23-02283-F

The Higher Education Inquirer is requesting the Fiscal Year 2022 equity value of the University of Phoenix.  The number may be rounded to the nearest ten million dollars. We would also like restricted and unrestricted cash numbers for the school if they are available.  IPEDS has the equity value numbers up to FY 2021.   (Date Range for Record Search: From 06/01/2022 To 07/16/2023)

23-02345-F

The Higher Education Inquirer is requesting a copy of the completed Pre-Acquisition Review application the University of Idaho has submitted for the acquisition of University of Phoenix.  The review was mentioned in the Idaho Statesman, by Jodi Walker, a University of Idaho spokesperson.   (Date Range for Record Search: From 05/01/2023 To 07/23/2023)

23-02537-F

The Higher Education Inquirer is requesting any and all correspondence between the US Department of Education and the University of Idaho, 43 Education, or NewU regarding a proposed purchase of the University of Phoenix. This includes any and all information about a Pre-Acquisition Review. The University of Idaho created NewU and 43 Education as an intermediary organization to shield itself from liability.   (Date Range for Record Search: From 05/11/2023 To 08/11/2023)

23-02548-F

The Higher Education Inquirer is requesting an estimate of the total number of cases and the total dollar amount of Borrower Defense to Repayment claims against the University of Phoenix that were approved in the Sweet v Cardona settlement.   (Date Range for Record Search: From 01/01/2023 To 08/14/2023)

University of Phoenix: An Albatross for Idaho?

The University of Phoenix will be back in Idaho District Court in 2025 unless Apollo Global Management can find another buyer for the school. Apollo Group, the primary owner of the University of Phoenix, has been trying to unload the school for years.  

Although the University of Phoenix appears to be a profitable institution, it has potential liabilities, including hundreds of millions of dollars in Borrower Defense to Repayment (fraud) claims that the US Department of Education could claw back from the parent owner. While this risk may be seriously reduced over the next four years, that danger could rise again under a progressive administration. 

As of 2023, there were approximately 73,000 Borrower Defense claims against the school. More than 19,000 Borrower Defense claims were approved for student debtors who attended the University of Phoenix and were part of the Sweet v Cardona settlement. Many of the remaining claims are still awaiting a decision from the Department of Education.  

University of Phoenix debtors are saddled with an estimated $21.6 Billion in student loan debt. 

The University of Phoenix has been involved in a number of lawsuits over the last decade. In 2019, the Federal Trade Commission and the University of Phoenix settled a claim for $191M for deceptive employment claims, but the school denied any wrongdoing.

Idaho-University of Phoenix deal has fallen below the radar

For more than four months, neither the University of Idaho nor the University of Phoenix have reported on the status of the proposed deal between the two parties. The last local media report, from the Idaho Ed News came in July, when the University of Phoenix said they were still committed to partnering with Idaho.

The University of Idaho's University of Phoenix Affiliation FAQ page has not been updated and some of the information is obviously outdated. For example, the webpage said that the UI-UoPX sale was expected to be consummated in early 2024. That did not happen.    

 

Screen shot of the University of Phoenix Affiliation FAQ on November 9, 2024. 

Legislative and judicial barriers have delayed the acquisition and the deal remains in limbo. 

In June, the U of I Board of Regents extended the Asset Purchase Agreement through June 10, 2025. The extension allows the University of Idaho to continue negotiating with the University of Phoenix and to incorporate feedback from stakeholders. It would appear that any sale would require approval from the Idaho Legislature, which meets again in January 2025. In the interim, many important questions remain unanswered.

Despite its commitment, Apollo Global Management, the University of Phoenix's parent company, could sell the school to another buyer. But there has been no public mention (or even hints) of an alternative suitor. Since 2021, Apollo has tried selling the school to a number of buyers, most notably Tuskegee University, UMass Global, and the University of Arkansas System. The only deal to be made public before Idaho was in Arkansas, where concerns about the sale led to the deal falling through.

Information on how the school could be purchased continues to be limited. After a previous bond deal in Arizona fell through, the National Finance Authority (NFA) agreed to participate in the UI-UoPX financing. But there is no public information about how the bonds would be structured. Moody's previously said the $685 million purchase could result in a "multi-notch downgrade" in the University of Idaho's bond rating. 

According to the US Department of Education, more than 900,000 University of Phoenix debtors owe about $21.6B in federal student loan debt. And there have been more than 73,000 Borrower Defense to Repayment (fraud) claims made against the school.

The University of Idaho has previously said that any federal obligations for Borrower Defense to Repayment claims would be handled in court, even though more than 19,000 cases have already been settled in federal court, in favor of the student loan debtors. No matter how this could be handled legally, lawsuits related to the University of Phoenix could tarnish the image of the University of Idaho.  

University of Idaho acquisition of the University of Phoenix has become a Monty Python sketch

The University of Idaho continues to spend money on the possibility that it (or the State of Idaho) may buy the University of Phoenix from Apollo Global Management. According to Kevin Richert at Idaho Ed News, the University of Idaho has already spent $14.2 million on this purchase, with the chance of a money back guarantee--sort of.

Over the last year, University of President C. Scott Green has accepted the ridicule of Saturday Night Live and the questioning of the NY Times. In addition to investing his reputation on the deal, Green has spent thousands of his personal dollars trying to line up allies in the Idaho Legislature to help him out. But some of them have already lost their election bids. 

Phoenix has told President Green what a great buy this is for the University of Idaho, seemingly unaware that this is a school that is not well, with almost a million student debtors holding more than $21 billion in student loan debt.  

In addition, more than 73,000 University of Phoenix student loan debtors have filed for debt forgiveness, alleging the school has defrauded them--and that of that group, 19,000 are getting immediate relief from the Sweet v Cardona case--something the owner or future owner may be liable for. 

What more does President Green need to know before pulling the plug on this deal? Are there that many Idaho politicians that can be bought and sold?  We don't think so.

This sir, is a dead parrot. And for those who do not know the cultural reference...

Related links:

New Data Show Nearly a Million University of Phoenix Debtors Owe $21.6 Billion Dollars 

ED Completes Pre-Acquisition Review for University of Phoenix Deal. University of Idaho Continues Hiding Details of Transaction Fees, 43 Education "High-Risk" Bonds.

How University of Phoenix Failed. It's a Long Story. But It's Important for the Future of Higher Education.

Fraud Claims Against University of Phoenix Continue to Mount

University of Phoenix articles 

Borrower Defense articles

New Data Show Nearly a Million University of Phoenix Debtors Owe $21.6 Billion Dollars

The Higher Education Inquirer has just received a Freedom of Information Act (FOIA) response from the US Department of Education, stating that about 971,000 current student loan debtors who have attended the University of Phoenix have accumulated an estimated $21.6B in debt. The FOIA is Department of Education FOIA 23-02912-F. These debt numbers are consistent with a previous HEI analysis. 

We have been unable to learn whether this accumulated debt includes the hundreds of millions in debt that has already been forgiven--and that its present and future owners may be liable for. In 2023, we reported that approximately 73,000 debtors from the University of Phoenix had filed borrower defense fraud claims, and that more than 19,000 cases were granted immediate relief in the Sweet v Cardona settlement.

Through another FOIA request, we also discovered 6,265 consumer complaints in the Federal Trade Commission database made after its current owners took over. In 2019, the FTC and the University of Phoenix settled a claim for $191M for deceptive employment claims. It would appear that Phoenix has not done enough to clean up its act.  

The Higher Education Inquirer has been working for more than six years to get data about the school's noncompliance with the Department of Defense Tuition Assistance (TA) program, where servicemembers have been systematically preyed upon--and where Trump officials and their surrogates worked to cover up malfeasance by subprime schools--including the University of Phoenix. We hope to report on this topic later.  

The University of Phoenix is presently owned by Apollo Global Management and Vistria Group, who have been unsuccessfully trying to sell the school for at least three years. Previous potential suitors, held to secrecy, have included Tuskegee University, UMass Global, and the University of Arkansas System. 

Apollo Global Management is currently negotiating with the State of Idaho, which would incur $685M in debt to acquire the school. State officials are wary of the deal, and those with strong principles are unlikely to approve. But it's possible that other politicians may change their minds: if they or their families are properly compensated, directly or indirectly, for taking the risks to their reputations and careers. 

Related links:

ED Completes Pre-Acquisition Review for University of Phoenix Deal. University of Idaho Continues Hiding Details of Transaction Fees, 43 Education "High-Risk" Bonds.

How University of Phoenix Failed. It's a Long Story. But It's Important for the Future of Higher Education.

Fraud Claims Against University of Phoenix Continue to Mount

University of Phoenix articles 

Borrower Defense articles