Tag Archives: Guidance

Argument Set For March 28, 2017 in Transgender Bathroom Case

Oral argument in Gloucester County School Board v. G.G., No. 16-273,  will occur on Tuesday, March 28, 2017 at 10:00 AM in the U.S. Supreme Court. The Court will hear from counsel on two issues:  (1) If [the doctrine of Auer deference] is retained, should deference extend to an unpublished agency [U.S. Department of Education] letter … Continue Reading

Department of Education in Hot Seat Defending Another Administrative Procedure Act Lawsuit

Apart from defending Title IX lawsuits in Texas, Nebraska, Illinois, and the District of Columbia based on its Dear Colleague Letters (transgender bathroom/locker room guidance and guidance announcing the preponderance of the evidence standard for campus sexual harassment and assault disciplinary proceedings), the U. S. Department of Education now is a defendant in a Title … Continue Reading

Federal Government’s Use of Regulatory Guidance Under Investigation

Earlier this month Chairman Lamar Alexander (R-TN) of the Senate Health, Education, Labor and Pensions Committee and Chairman James Lankford (R-OK) of the Homeland Security Committee’s Subcommittee on Regulatory Affairs and Federal Management announced their intent to investigate whether federal agencies are “skirting notice and comment laws” in their issuance of guidance documents.  Guidance documents … Continue Reading

Charter School Guidance on Weighted Lotteries Announced

On January 29, 2014 the Department of Education released updated charter school guidance to allow the use of weighted admission lotteries (see pp. 17-22).  Under weighted lotteries, charter schools that receive federal program funds may give more weight to educationally disadvantaged students, where more students apply to attend a charter than seats available.   In response to … Continue Reading

Comments Due by July 25, 2011 on Education’s Plan to Review Regulations

Today (July 6, 2011), the U.S. Department of Education published a Notice.pdf of its “Preliminary Plan” for a comprehensive review of elementary, secondary, and higher education regulations in the Federal Register.  As noted in my post of July 1, institutions of higher education, school districts, schools, and others in the education sector will want to take … Continue Reading

Education’s “Preliminary Plan” for Review of Regulations: Watch Closely

As part of a government-wide initiative, the U.S. Department of Education recently published a 13-page Preliminary Plan.pdf for reviewing existing K-12 and higher education regulations, guidance documents, information collections, and priorities, requirements, definitions, and selection criteria governing discretionary grant programs.  Technically called the “Preliminary Plan for Retrospective Analysis of Existing Rules,” the Plan’s intent is “to … Continue Reading