HOFFMAN ESTATES, Ill.--(BUSINESS WIRE)--June 29, 2005--Career
Education Corporation (Nasdaq:CECO) today provided a regulatory and
legal update, which includes a notification from the U.S. Department
of Education and two court victories. The recent victories are a
federal court's dismissal of a qui tam court proceeding against the
company, and a state court's refusal to certify a class action suit
against the company's American InterContinental University (AIU)
online campus.
The U.S. Department of Education is reviewing the company's
previously announced restated consolidated financial statements and
annual compliance audit opinions for the years 2000 through 2003. The
Department also is looking at pending program reviews that have taken
place at at least three of the company's institutions. The Department
has indicated that until these matters are addressed to its
satisfaction, the Department will not approve any new applications by
the company for pre-acquisition review or change of ownership. The
Department further advised the company that during this period it will
not approve applications for additional locations. However, the
Department confirmed that it will not delay its certification of the
company's previously submitted applications for additional locations.
Career Education is committed to fully cooperating with the
Department's review. The company already has supplied data to the
Department demonstrating its compliance with the Department's
"financial responsibility composite ratios" for its 2000 through 2003
restated financial statements. According to federal guidelines, the
minimum acceptable financial responsibility composite ratio is 1.5 and
the maximum is 3.0. Career Education's restated ratios for the years
ended, 2003, 2002, 2001 and 2000 were 2.4, 2.4, 2.2 and 2.8,
respectively, and CEC's score for 2004 was 2.8. All of these scores
exceed 1.5, which is the threshold for demonstrating financial
responsibility according to the Department's standards, and reflect
the strong financial position of the company. Career Education looks
forward to the continued opportunity to share and discuss information
with the Department.
CEC also provided a legal update, noting that the United States
District Court for the Southern District of Texas has dismissed a
federal qui tam action captioned United States ex. rel. Shauntee A.
Payne v. Whitman Education Group, Inc., et. al. This qui tam action
had been brought against the Whitman Education Group, and several
Whitman schools prior to its acquisition by the company in July 2003.
In another legal victory for the company, an Illinois state court
recently denied a plaintiffs' motion for class certification in a suit
filed by former employees, case captioned Finnigan, et. al. v.
American InterContinental University Online. In refusing to certify a
class action against AIU Online, the Circuit Court of Cook County,
Illinois, Chancery Division, ruled that the "court agrees with all of
the arguments made by defendant (AIU Online) in opposing class
certification."
Career Education Corporation (www.careered.com) is one of the
largest providers of private, for-profit postsecondary education and
has a presence in both on-campus and online education. CEC's Colleges,
Schools and Universities Group operates over 80 campuses in the U.S.,
Canada, France, the United Kingdom and the United Arab Emirates and
offers doctoral degree, master's degree, bachelor's degree, associate
degree and diploma programs in the career-oriented disciplines of
business studies, visual communication and design technologies, health
education, information technology, and culinary arts. The Online
Education Group operates American InterContinental University Online
and Colorado Technical University Online and offers a variety of
degrees in information technology, business, visual communication and
education. CEC's total student population on April 30, 2005 was
approximately 96,700 students.
Except for the historical and present factual information
contained herein, the matters set forth in this release, including
statements identified by words such as "anticipates," "expects,"
"projects," "plans," "will," and similar expressions, are
forward-looking statements within the meaning of the "safe harbor"
provisions of the Private Securities Litigation Reform Act of 1995.
Such statements are based on information currently available to us and
involve risks and uncertainties that could cause our actual growth,
results, performance and business prospects and opportunities to
differ materially from those expressed in, or implied by these
statements. These risks and uncertainties, the outcome of which could
materially and adversely affect our financial condition and
operations, include, but are not limited to: risks related to our
ability to comply with, and the impact of changes in, legislation and
regulations that affect our ability to participate in student
financial aid programs, including those described herein; costs, risks
and effects of legal and administrative proceedings and investigations
and governmental regulations, including the pending Securities and
Exchange Commission and Justice Department investigations and, class
action, derivative and other lawsuits; and risks related to our
ability to comply with accrediting agency requirements or obtain
accrediting agency approvals; costs and difficulties related to the
integration of acquired businesses; future financial and operational
results; competition; general economic conditions; risks related to
our ability to manage and continue growth; and other risk factors
relating to our industry and business, as detailed in our Annual
Report on Form 10-K for the year ended December 31, 2004, and from
time to time in our other reports filed with the Securities and
Exchange Commission. We disclaim any responsibility to update or
revise these forward-looking statements.
CONTACT: Career Education Corporation
Tracy Lorenz, 847-585-3899
www.careered.com
SOURCE: Career Education Corporation
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