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Academic programs enrolling roughly 16 percent of the University of Phoenix's student population do not pass the federal government's new gainful employment rule, according to a financial filing from the Apollo Education Group, the university's owner. Those programs failed the regulation's two student debt-to-earnings standards. The department recently released its first round of draft data for affected programs, with a scheduled January release for the final data sets.

Apollo previously had said it was winding down academic programs that were likely to not pass the standards. Those programs now represent one-fifth of the university's degree-pursuing student enrollment.