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Second Department of Education Official in Eight Days Tells Congress Guidance Is Not Binding - FIRE
The Department of Education is issuing guidance that does not have the force of law, but it is enforcing that guidance as if it were binding on educational institutions. Earlier this week, I wrote about an exchange during a hearing of the Senate Homeland Security and Governmental Affairs Committee’s Subcommittee on Regulatory Affairs and Federal Management, where Senator Lamar Alexander questioned Department of Education (ED) deputy assistant secretary Amy McIntosh about the department’s overreach. McIntosh told the Alexander, “I tried to be very clear in my opening statement that guidance that the Department issues does not have the force of …