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Published 1 month ago

Fishing for Rules

Summary by Education Next

The Office for Civil Rights (OCR) in the Department of Education has long been known for its tendency to overstep in its rulemaking. Many federal agencies are tempted to avoid the notice-and-comment requirements of the Administrative Procedures Act (APA) by fabricating administrative law in the form of “clarifications” and “guidance”—but no agency has succumbed to that temptation more than OCR. As Shep Melnick has pointed out (see “Rethinking Fe…

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Fishing for Rules

The Office for Civil Rights (OCR) in the Department of Education has long been known for its tendency to overstep in its rulemaking. Many federal agencies are tempted to avoid the notice-and-comment requirements of the Administrative Procedures Act (APA) by fabricating administrative law in the form of “clarifications” and “guidance”—but no agency has succumbed to that temptation more than OCR. As Shep Melnick has pointed out (see “Rethinking Fe…

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