Oversight

Since January 20, 2021, the Department has announced unprecedented policies involving, inter alia, massive student loan debt cancellation, redefining the meaning of sex to include gender identity (“Title IX”), the independence of charter schools, disclosure of foreign gifts and contracts by colleges and universities (“Section 117”), and placing race and other factors at the center of the Department’s grantmaking and related program decisions (“Agency Equity Plan”). In response to these radial policy developments, DFI has submitted thirty-eight FOIA requests to the Department. In response, the Department now routinely cites "unusual circumstances" to justify delaying the production of responsive records. "Unusual circumstances," described at 5 U.S.C. § 552(a)(6)(B)(iii) (i.e., the “unusual circumstances” exception to the timely production of responsive records), refers to the need to search and collect records from offices that are physically outside of the FOIA office itself, such as field offices. Through its routine reliance on "unusual circumstances," the Department has successfully delayed the timely provision of responsive records to DFI, despite its modern centralized electronic search capabilities. DFI's FOIA request is for records of the Department's decisions regarding its use of the "unusual circumstances" exception in order to delay or avoid timely responses to FOIA requests, including any related communications with White House and Congressional personnel.

  Request

On January 11, 2023, the Department published proposed rulemaking ("Improving Income-Driven Repayment for the William D. Ford Direct Loan Program" or "IDR NPRM") which would radically revise current repayment options available to student loan borrowers, transforming student loans issued under Title IV into a de facto grant program in violation of Congressional authorization (through the Higher Education Act of 1965). The Department's estimated costs have been found to be vastly flawed, even as the Department plans to use the IDR NPRM to create an alternative back door student loan debt cancellation program. DFI's FOIA request is for records of the Department's related communications with Members of Congress and congressional staff regarding its IDR policies.

  Request

On January 11, 2023, the Department published proposed rulemaking ("Improving Income-Driven Repayment for the William D. Ford Direct Loan Program" or "IDR NPRM") which would radically revise current repayment options available to student loan borrowers, transforming student loans issued under Title IV into a de facto grant program in violation of Congressional authorization (through the Higher Education Act of 1965). The Department's estimated costs have been found to be vastly flawed, even as the Department plans to use the IDR NPRM to create an alternative back door student loan debt cancellation program. DFI's FOIA request is for records of the Department's related communications and meetings with White House and Office and Management and Budget personnel regarding its IDR policies.

  Request

On January 11, 2023, the Department published proposed rulemaking ("Improving Income-Driven Repayment for the William D. Ford Direct Loan Program" or "IDR NPRM") which would radically revise current repayment options available to student loan borrowers, transforming student loans issued under Title IV into a de facto grant program in violation of Congressional authorization (through the Higher Education Act of 1965). The Department's estimated costs have been found to be vastly flawed, even as the Department plans to use the IDR NPRM to create an alternative back door student loan debt cancellation program. DFI's FOIA request is for records of the Department's related internal decisions and communications with outside interest groups regarding its IDR policies.

  Request

On December 27, 2022, the Department announced its proposal to shift Section 117 data collection and management enforcement responsibilities from the Office of the General Counsel to the Office of Federal Student Aid. This policy was first publicly announced by higher ed's chief lobbying organization, the American Council on Education ("ACE") in August 2022. In the same announcement, ACE announced the Department's cessation of its ongoing civil investigations into universities for massive historical non-compliance with Sec. 117 (which requires colleges and universities to disclose qualifying foreign gifts and contracts biannually to the Department). Beginning in 2019, the Department initiated new Sec. 117 enforcement efforts, including initiating civil investigations of universities which led to the revelation of more than $6.5 billion in previously undisclosed foreign gifts and contracts to universities. The Department of Justice and FBI have warned repeatedly of China's ongoing efforts to access America's critical innovation and research products through "soft targets" such as our universities. The Department's proposed shift of Sec. 117 enforcement responsibilities would result in severe diminishment of the Department's statutory enforcement obligations and presents unacceptable national security risks to the American people. DFI's FOIA request is for records related to the Department's decision-making regarding its proposal and its communications with ACE and each university previously investigated by the Department for Sec. 117 compliance issues.

  Request

Since January 20, 2021, the Department has engaged in radical shifts in its policies regarding federal student aid, including unprecedented application of the Borrower Defense to Repayment regulations against for-profit educational institutions. A recent example involves the Department's imposition of a "recoupment" penalty against DeVry University in a matter that was settled with the Federal Trade Commission in 2016. In DeVry's appeal of the Department's penalty, a Department administrative judge expressed concern with the potential "double liability" being imposed on DeVry. DFI is extremely concerned with the punitive use of the Department's BDR policies to unfairly and without due process harm for-profit educational institutions (particularly in matters where the Department has neglected to engage in specific fact finding determinations). DFI's FOIA request is for records related to the Department's BDR decision-making regarding DeVry, including communications with activist organizations and elected federal and state officials regarding the Department's application of its BDR policies.

  Request

On June 25, 2021, President Biden issued his "Executive Order on Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce" (EO 14035), mandating that federal agencies reinterpret longstanding merit system principles to place the President's "equity agenda" at the center of all agency decisions. EO 14035 also instructed all federal agencies to "increase the availability and use of diversity, equity, inclusion, ["DEI"] and accessibility training." Other federal agencies, including the Department of Homeland Security, NASA, the National Institutes of Health, the Department of Defense, and the National Endowment for the Arts, have implemented radical new DEI mandatory training materials for their employees, including training regarding "White Fragility," "Heterosexism," "Misogynoir," and "Unconscious Bias." DFI believes the Department of Education has, as instructed by the President, similarly implemented radical new DEI mandatory training for its employees. DFI's request is for records of those DEI training materials and related decision memoranda.

  Request

Since January 20, 2021, the Biden Administration has engaged in wide-ranging viewpoint suppression and other information control efforts with social media platform companies, as confirmed by the White House press secretary, discovery from federal lawsuits, and as divulged by Twitter and Facebook CEOs. During the same time, the Department of Education has proposed and implemented very costly and controversial policies with enormous implications for America's students, teachers, and taxpayers. DFI believes there is reason to believe the Department may have similarly coordinated information control efforts by flagging certain posts and viewpoints while promoting other posts and viewpoints. DFI's request is for records of any and all such information control efforts between the Department and social media platform companies.

  Request

Beginning in 2019, the Oak Park and River Forest School District (District) announced and began implementing explicitly race-based policies in pursuit of a wide-ranging "racial equity" program to "remove unconscious biases and system-wide barriers." It created a "Racial Equity Analysis Tool" (REAT) to filter all decisions and policies and announced race-based grading, racial hiring quotas, and decided that capital expenditures (resource allocation), curriculum planning, and professional development would be modified pursuant to the new racial equity program. It announced a "Motivational Mentorship Program" dedicated exclusively to the "success and security of students of color." On June 1, 2022, DFI filed a civil rights complaint with the Office for Civil Rights (OCR), urging that OCR investigate the District's racial equity program for violations of Title VI and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. Despite two additional supplemental filings providing more than sufficient detail for OCR to initiate an investigation, on November 22, 2022, OCR notified DFI that it was dismissing the Complaint. In its Dismissal, OCR cited resolution of the allegation of the mentorship program's exclusion of students based on race, noting that the District had just announced that the mentorship program was "open to ALL students regardless of race . . ." DFI's FOIA request is for records of the Department's internal decisions and external communications with the District concerning DFI's Complaint, subsequent filings, and OCR's Dismissal.

  Request

On June 1, 2022, DFI filed a federal civil rights complaint with the U.S. Department of Education's Office for Civil Rights (OCR). The Complaint cited the school district's race-based grading system, recently announced as part of the District's wide-ranging "racial equity" program. On June 30, 2022, DFI filed a Supplemental Letter in further support of the Complaint, which included additional detailed information regarding the District's "Action Plan" on "racial equity," which included implementing race-based policies on grading, hiring, curriculum planning, capital expenditures, a mentorship program, and professional development. All decisions by the District on any matter were to be filtered through a "Racial Equity Analysis Tool" (REAT) to ensure certain racial outcomes. DFI filed its Complaint and Supplemental Letter because these race-based policies violate Title VI of the Civil Rights Act of 1964 (which prohibits race-based discrimination in programs or activities receiving federal financial assistance, such as public schools) and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution. In response, on August 26, 2022, OCR requested that DFI provide additional details before OCR would investigate the District's policies. On September 15, 2022, DFI provided its response to OCR. On November 22, 2022, OCR issued a dismissal of the complaint, finding that insufficient detail regarding the discriminatory impact of the race-based policies had been provided. OCR did apparently commence a limited investigation of DFI's allegation that the District's mentorship program excluded students who were not "students of color." According to OCR's November 22, 2022, letter to DFI, OCR contacted the District to inquire about the mentorship program. In response, the District emailed a district-wide notice to all students and faculty announcing that the program was now "open to ALL students regardless of race, ethnicity, religion, gender, gender identity, sexual orientation, etc."

  Request   Request   Response   Response   Response

On October 12, 2022, the Department published a "notice" in the Federal Register ("Action: Waivers and modifications of statutory and regulatory provisions") in its statutory justification indicating its reliance on the HEROES Act's "national emergency" provision to unilaterally enact the massive student loan debt cancellation program. Prior to publication of the notice, the Office of Inspector General (OIG) provided comments on the draft notice regarding a proposed waiver to prevent abuse. DFI, which sent a letter to OIG on October 19, 2022, detailing its concerns regarding the potential for fraud in the student loan debt cancellation program (regarding self-certification of qualifying income), has submitted this FOIA request to obtain OIG's comments on the draft notice and to obtain records of all (whistleblower) complaints submitted to OIG alleging fraud, waste, abuse, misconduct, or mismanagement in the student loan debt cancellation program since it was announced on August 24, 2022.

  Request

On August 16, 2022, the Department announced that it was discharging approximately $3.9 billion in federal student loans incurred by 208,000 borrowers who had attended the now defunct ITT Technical Institute from January 2005 through September 2016. The Department decided to provide the massive debt discharge without making fact-specific determinations, providing it to thousands of former students who had never applied for discharge or alleged that they had been defrauded. The Department appears to have relied in part on a report and recommendations submitted to Secretary Cardona in February 2022 by the Project on Predatory Student Lending (PPSL), counsel for former ITT students in a lawsuit against ITT's bankruptcy estate. PPSL's founder and former director is now Deputy General Counsel at the Department, where PPSL's report and recommendations to Secretary Cardona on the ITT massive student loan discharge appear to have been fully embraced, as evidenced by the Department's ITT decision. In response, DFI's FOIA request is for internal decision records and external communications with interested parties, including PPSL, regarding the Department's ITT discharge decision, from January 20, 2021, through the present.

  Request

On November 16, 2022, a U.S. district judge in the Northern District of California issued an Order approving of the jointly proposed settlement agreement between the Department and the Project on Predatory Student Lending (PPSL), counsel for plaintiffs in a class action lawsuit against the Department that was filed in 2019. In the settlement agreement, the Department fully acceded to the demands of PPSL, resulting in approximately $6 billion in automatic borrower defense student loan discharges for about 264,000 class members. In so agreeing, the Department dispensed with its obligation to make fact-specific determinations regarding allegations of fraud by for-profit colleges. Individual findings of substantial misconduct by accused for-profit schools are, under the agreement, unnecessary. This constitutes an abandonment by the Department of its obligation to act independently on behalf of the American people in making such determinations and enforcing relevant laws and regulations impartially. In response, DFI's FOIA request is for records of internal decision records and external communications with interested parties, including PPSL, from January 20, 2021, through the present.

  Request

The U.S. Department of Education's Office of Planning, Evaluation and Policy Development (OPEPD) serves as the principal adviser to the Secretary on all matters relating to policy development, implementation, evaluation and review, budget proposals and processes, data strategy and governance, and student privacy. OPEPD aligns all Department functions with the Secretary's policy priorities. Kayla Patrick, a political appointee, is a Special Assistant in OPEPD and has openly expressed and advocated overtly racist views concerning the impact of white educators on "girls of color," blaming "implicit bias" and "400 years of systemic anti-Blackness [] folded into our nation's fabric." DFI is concerned that Ms. Patrick's long-held views are impacting Departmental policies, including but not limited to grant awards to "Equity Assistance Centers" as well as the Department's "Agency Equity Plan" that requires all policies to be formulated through the lens of race, among other indicia - in violation of Titles IV and VI of the Civil Rights Act of 1964 (which provide for the desegregation of public schools and prohibits discrimination on the basis of race, color, or national origin in federally funded programs). DFI's FOIA request is for records of Ms. Patrick's communications with White House officials and particular outside interest groups which appear to share her views, including her previous employers and other advocacy groups.

  Request

On August 24, 2022, President Biden and the U.S. Department of Education announced a massive, three-part plan to cancel outstanding student loan debt, including a "one-time" cancellation of up to $20,000 in debt for Pell Grant recipients with loans held by the Department and up to $10,000 for non-Pell Grant borrowers, if their individual annual adjusted gross income is less than $125,000 or, for married couples, less than $250,000. The Department's application provides only for "self-certification" of income and lacks other safeguards to protect against fraud by applicants who may misrepresent their income levels. Previous findings by the GAO and the Department's own Office of the Inspector General have made clear why such safeguards are needed - yet the Department has failed to include them in this massive new program. DFI's FOIA request seeks internal and external records (from January 20, 2021, through the present) regarding this ill-conceived plan, including all decision memoranda, directives, policy interpretations, and policy guidance adopted by particular officials, all communications and correspondence with White House and OMB personnel about the self-certification of income requirement, all calendar entries of Departmental officials of meetings with White House and OMB personnel regarding student loan debt cancellation, and all communications and correspondence with particular outside interest groups and associated individuals regarding this Department policy.

  Request

On September 13, 2022, DFI submitted a FOIA request to the U.S. Department of Education for records of its communications with Politico and the Office of the Federal Register concerning public reporting of extreme variations in the numbers of public comments submitted regarding the Department's proposed NPRM concerning Title IX (Agency/Docket Number: ED-2021-OCR-0166). Politico had reported on September 6, 2022 (6 days before the end of the commenting period) that the total official number of comments was "more than 349,000." Politico's reporter correctly cited the official rulemaking docket. However, on September 8, 2022, the same official rulemaking docket indicated that just over 163,000 comments had been received (a decline of approximately 186,000 comments). On multiple days, the number of comments received fluctuated dramatically and without explanation. DFI's FOIA request is for the Department's records related to this significant reporting anomaly (which the Department has described as a "glitch").

  Request

On June 23, 2022, the U.S. Department of Education announced a notice of proposed rulemaking ("NPRM") to its Title IX regulations. Announcing the NPRM on the 50th anniversary of the enactment of Title IX, which prohibited sex-based discrimination in order to protect the rights of girls and women, ED's proposed changes would diminish the due process and privacy protections for accused students and faculty at American colleges and universities and would conflate Title IX's clear sex-based protections with elusive gender identity concepts. The proposal may lay the foundation for undermining the sex-based distinctions that have allowed biological girls and women to compete against other biological girls and women in scholastic athletic competitions. In March 2022, DFI submitted five Title IX-related FOIA requests for records related to the formulation of ED's then-pending NPRM. ED has not provided a single record, despite its statutory obligations. Today, DFI requested expedited processing of those FOIA requests for records by ED.

  Request

On June 14, 2022, the U.S. Department of Education announced the creation of the "National Parents and Families Engagement Council" and identified its initial fourteen organizational members (including Al Sharpton's "National Action Network" and UnidosUS - formerly the "National Council for La Raza"). The Council's membership appears to include organizations already known for supporting the Biden Administration's education agenda. ED's official announcement identified one of the Council's primary purposes as being a "dissemination vehicle" for information from the Department. In its current makeup and with its "dissemination" function, the Council may not be in compliance with the requirements of the Federal Advisory Committee Act ("FACA"). In its FOIA request, DFI seeks records from the General Services Administration, which oversees FACA compliance, regarding the establishment of the Council by ED.

  Request

On June 14, 2022, the U.S. Department of Education announced the creation of the "National Parents and Families Engagement Council" and identified its initial fourteen organizational members (including Al Sharpton's "National Action Network" and UnidosUS - formerly the "National Council for La Raza"). The Council's membership appears to include organizations already known for supporting the Biden Administration's education agenda. ED's official announcement identified one of the Council's primary purposes as being a "dissemination vehicle" for information from the Department. In its current makeup and with its "dissemination" function, the Council may not be in compliance with the requirements of the Federal Advisory Committee Act ("FACA"). In its FOIA request, DFI seeks records regarding the establishment of the Council and the Department's communication with the General Services Administration ("GSA"), which oversees FACA compliance within the executive branch.

  Request

Since January 20, 2021, the U.S. Department of Education has embarked on radical policy changes in the areas of student loan debt, Title IX, proposals for free college, and freezing funding for the Charter School Program (among other policies). Many of the Department's policy changes reflect the education plan proposed by Sen. Elizabeth Warren in her 2020 presidential campaign. Some of Sen. Warren's top policy allies now serve in key roles at the Department. In its FOIA request, DFI seeks records of communications between Sen. Warren, her staff, and certain officials at the Department.

  Request

The U.S. Department of Labor is currently reviewing regulations under the Fair Labor Standards Act ("FLSA") concerning minimum wage and overtime pay requirements. Particular teachers' unions have publicly demanded that the Department eliminate the teachers' exemption to overtime pay requirements and provide overtime pay to teachers, despite the current requirements of the FLSA. In its FOIA request, DFI seeks records related to communications by those teachers' unions with particular Department officials since January 20, 2021.

  Request   Response   Response

Since January 20, 2021, the U.S. Department of Education has unilaterally initiated student loan debt cancellation policies involving more than $20 billion and it appears poised to continue to impose unprecedented student loan debt cancellation policies. Particular State Attorneys General have publicly demanded that the Department enact many of these dramatic policies. In its FOIA request, DFI seeks the Department's records of communications with particular State Attorneys General (and their staffs) regarding Title IV student loan program policies.

  Request

Since January 20, 2021, the U.S. Department of Education has initiated unprecedented unilateral elimination of billions of dollars in student loan debt, is engaged in rulemaking likely to result in substantially more "forgiveness" of student loan debt, and is considering massive student loan forgiveness. Particular outside interest groups have lobbied the Department to initiate these radical changes and it appears that the Department is acting accordingly. In its FOIA request, DFI seeks records related to the communications of those outside interest groups to ED regarding ED's student loan program policies (particularly regarding wide-ranging forgiveness of student loan debt).

  Request

Since January 20, 2021, the U.S. Department of Education has engaged in the unprecedented unilateral elimination of billions of dollars in student loan debt and is engaged in rulemaking likely to result in even more substantial "forgiveness" of student loan debt. For several years, certain legal advocacy groups supporting these policy positions have engaged in aggressive lawsuits against the Department to achieve these ends. Since January 20, 2021, ED's litigation positions and policies often reflect the objectives of those legal advocacy groups. In its FOIA request, DFI seeks records related to the communications of those legal advocacy groups (and associated individuals) regarding ED's litigation positions and related policies.

  Request

On March 14, 2022, the U.S. Department of Education published a notice of proposed changes to the Charter School Program that would diminish the independent role and innovative success of charter schools (which have been enormously beneficial to lower-income and minority students) and is counter to Congress's unambiguous statutory intent. In response to a reporter's recent inquiry regarding ED's proposal, ED's spokesperson referred the reporter to the "Network for Public Education Action" ("NPE") (a staunchly anti-charter school advocacy group) and its executive director for further comment on ED's proposed rulemaking. In its FOIA request, DFI seeks records regarding the involvement of NPE and its personnel in ED's Charter School Program proposed rulemaking.

  Request

Since January 20, 2021, the U.S. Department of Education has engaged in the unprecedented unilateral elimination of billions of dollars in student loan debt and is engaged in rulemaking likely to result in even more substantial "forgiveness" of student loan debt. Several members of Congress and congressional staff members have called for the elimination of up to $50,000 in student loan debt per student and have urged the Department to move quickly in discharging massive amounts of student loan debt. In its FOIA request, DFI seeks records related to those congressional communications related to ED's emerging student loan debt policies.

  Request

Since January 20, 2021, the U.S. Department of Education has unilaterally initiated sweeping changes to its student loan debt policies, already discharging billions of dollars in student loan debt, forgoing its obligation to collect student loan debt, and planning unprecedented "forgiveness" of potentially hundreds of billions of dollars in student loan debt. Harvard Law School's "Project on Predatory Student Lending" ("PPSL"), whose founder and director is now Deputy General Counsel at the Department, has repeatedly pursued litigation against the Department to bring about many of the policies the Department is now pursuing. In its FOIA request, DFI seeks records of the Department's interactions with PPSL related to the Department's radical new student loan debt policies.

  Request

Since January 20, 2021, the U.S. Department of Education has unilaterally initiated massive changes to its student loan debt policies, discharging the debts of millions of students and is on the brink of implementing federal rules to erase billions of dollars in additional student loan debt (even as it discontinues its own debt collection efforts). In July 2021, ED hired (as Deputy General Counsel) Toby Merrill, who previously founded and directed Harvard Law School's "Project on Predatory Student Lending" ("PPSL"), which has been a direct litigant against the Department in critical student loan debt lawsuits for several years. ED's litigation positions are now largely tracking PPSL's positions. Under ED's ethics requirements, Merrill (and other political appointees) must divulge conflicts of interest and engage in ethics pledges to not participate in matters in which a former employer either was a party or represented a party in pending matters. In its FOIA request, DFI seeks records of Merrill's ethics pledge, any pledge waivers issued by the Department, and other related conflict of interest communications.

  Response   Records   Response   Request

Since January 20, 2021, the U.S. Department of Education has implemented radical shifts in a wide array of policies, including student loan debt cancellation, repealing Title IX due process protections for survivors and the accused, redefining gender, collecting sexual identity information from young students, permitting biological males to compete against girls and women in competitive scholastic athletics, undermining the Charter School Program, altering the Public Service Loan Forgiveness program to further dismiss student loan debt, and initiating an "Agency Equity Plan" to re-order the award of grants and other federal aid based on racial, sexual, and other demographic criteria. These policies appear to have been directly advocated to ED by the Soros-backed "Governing for Impact," ("GFI") a progressive regulatory policy organization with direct access to multiple federal agencies and the Office of Information and Regulatory Affairs (the President's central authority for the review and approval of proposed federal regulations). In its FOIA request, DFI seeks records revealing communications between GFI and ED policy makers and related documents.

  Request

On April 14, 2022, the U.S. Department of Labor announced its "Equity Action Plan," which requires "equity" to be a critical factor throughout important DOL policy decisions, including the federal-state Unemployment Insurance program and disbursement of grants based on adherence to DOL's equity agenda. The Equity Plan explicitly "centers" racial and other highly personal demographic data in its policy decisions, in apparent violation of Title VI's prohibition of discrimination on the basis of race, color, and national origin in programs receiving federal financial assistance. In its FOIA request, DFI seeks records related to the Equity Plan, including information upon which DOL relied in finding "equity gaps" in the UI system, its 2021 "inventory" of equity-oriented data collected by agencies, its finding that the current UI system is discriminatory, and its "Equity Data Partnerships" with five States.

  Request

On April 14, 2022, the U.S. Department of Education announced its "2022 Agency Equity Plan," which would insert "equity" as a critical factor throughout ED's policy decisions, including grants to States and local education agencies. It creates an "Equity in Education Dashboard" with a "single source of truth" provision for the public and ED officials to find equity data. It asserts a mandate to "meet students' holistic needs, ranging from their academic growth to their social and emotional development, and their mental health." It requires the collection of highly personal data regarding sexual identity, among other identifiers, and may include policies that are violative of Title VI's prohibition of discrimination on the basis of race, color, and national origin in educational programs or activities receiving federal financial assistance. In its FOIA request, DFI seeks records related to the Equity Plan, including the stakeholders from whom ED has sought guidance in its "listening sessions" and "Equity Round Table Discussions."

  Request

Federal Student Aid officials at ED have recently announced significant changes in student loan debt collection enforcement policies, including loan forgiveness, moratoria on federal student loan repayment obligations, and collaboration with the Consumer Financial Protection Bureau (CFPB) and other regulators regarding student loan servicers and debt collectors. ED's new policies appear to share its primary enforcement obligations with other agencies, despite the requirements of the Higher Education Act (as amended) and ED's own regulations. ED's collaboration also appears to contradict its February 2020 Memorandum of Understanding between ED and CFPB, delineating the proper roles of ED and CFPB. DFI thus seeks records related to ED's announced collaboration with the CFPB since January 20, 2021.

  Request

The Defense of Freedom Institute for Policy Studies (DFI) is challenging the Biden Administration’s proposed changes to the U.S. Department of Education’s (ED) Charter School Program (CSP) grant competition.  In an official comment, DFI makes clear that the new rules represent gross overreach by the Federal government and would chill or possibly halt charter school expansion.

  Comment on Rule

ED officials have proposed significant changes to ED’s Charter Schools Program policies. The public has an interest in knowing which outside interest groups may be affecting ED’s CSP rulemaking and policy agenda, particularly regarding ED’s anticipated rulemaking concerning the CSP, announced on March 14, 2022 (Agency/Docket Number: ED-2022-OESE-0006). DFI is particularly concerned that the proposed CSP rulemaking will remove educational opportunities for racial minorities and other socioeconomically disadvantaged students. DFI thus seeks records and information related to ED’s Charter Schools Program proposed priorities, requirements, definitions, and grant selection criteria and related policies since January 20, 2021.

  Request

The Biden Administration has announced its intention to make major changes to the U.S. Department of Education’s “2020 Rule,” which strengthened Title IX’s due process and privacy rights of students and faculty in campus sexual assault matters. The Department’s Office for Civil Rights has announced its intention to substantially revise the 2020 Rule’s protections and has issued a Notice of Interpretation expanding its enforcement of Title IX to include “discrimination based on gender identity.” These proposed changes follow known public advocacy of major changes to the 2020 Rule by outside groups with interests in the Department’s college and university Title IX policies. DFI’s FOIA request is for records of communications from and with those interest groups which have advocated significant changes to the 2020 Rule now being made by the Department.

  Request

The Biden Administration has announced its intention to make major changes to the U.S. Department of Education’s “2020 Rule,” which strengthened Title IX’s due process and privacy rights of students and faculty in campus sexual assault matters. The Department’s Office for Civil Rights has announced its intention to substantially revise the 2020 Rule’s protections and has issued a Notice of Interpretation expanding its enforcement of Title IX to include “discrimination based on gender identity.” These proposed changes follow known public advocacy of major changes to the 2020 Rule by outside groups with interests in the Department’s K-12 Title IX policies. DFI’s FOIA request is for records of communications from and with those interest groups which have advocated significant changes to the 2020 Rule now being made by the Department.

  Request   Response

The U.S. Department of Education provides grants to applicants to “render technical assistance” to local school boards and other responsible government entities in public school desegregation efforts. Administered by the Office of Elementary and Secondary Education (OESE), the Department changed the name of its “Desegregation Assistance Centers” to “Equity Assistance Centers” and has since awarded millions of dollars in grants to entities focused on “sex desegregation” and other forms of “equity-based” social agendas, including instruction on systemic racism and thwarting parental rights. DFI’s FOIA request is for Departmental records related to grant awards and cooperative agreements with its Equity Assistance Center grant applicants and award recipients.

  Request   Response

The U.S. Department of Education provides grants to applicants to “render technical assistance” to local school boards and other responsible government entities in public school desegregation efforts. Administered by the Office of Elementary and Secondary Education (OESE), the Department changed the name of its “Desegregation Assistance Centers” to “Equity Assistance Centers” and has since awarded millions of dollars in grants to entities focused on “sex desegregation” and other forms of “equity-based” social agendas, including instruction on systemic racism and thwarting parental rights. DFI’s FOIA request is for OESE records related to grant awards and cooperative agreements with its Equity Assistance Center grant applicants and award recipients.

  Request   Response

The Biden Administration has announced its intention to make major changes to the U.S. Department of Education’s “2020 Rule,” which strengthened Title IX’s due process and privacy rights of students and faculty in campus sexual assault matters. The Department’s Office for Civil Rights has announced its intention to substantially revise the 2020 Rule’s protections and has issued a Notice of Interpretation expanding its enforcement of Title IX to include “discrimination based on gender identity.” These proposed changes follow known public advocacy of major changes to the 2020 Rule by teachers’ unions and affiliated outside interest groups. DFI’s FOIA request is for records of communications from and with those unions and interest groups which have advocated significant changes to the 2020 Rule now being made by the Department.

  Request

The Biden Administration has announced its intention to make major changes to the U.S. Department of Education’s “2020 Rule,” which strengthened Title IX’s due process and privacy rights of students and faculty in campus sexual assault matters. The Department’s Office for Civil Rights has announced its intention to substantially revise the 2020 Rule’s protections and has issued a Notice of Interpretation expanding its enforcement of Title IX to include “discrimination based on gender identity.” These proposed changes follow known public advocacy of major changes to the 2020 Rule by particular members of Congress. DFI’s FOIA request is for records of communications from and with members of Congress and congressional staff who have advocated significant changes to the 2020 Rule now being made by the Department.

  Request   Response

The Biden Administration has announced its intention to make major changes to the U.S. Department of Education’s “2020 Rule,” which strengthened Title IX’s due process and privacy rights of students and faculty in campus sexual assault matters. The Department’s Office for Civil Rights has announced its intention to substantially revise the 2020 Rule’s protections and has issued a Notice of Interpretation expanding its enforcement of Title IX to include “discrimination based on gender identity.” These proposed changes follow intense lobbying of the Department by outside interest groups. DFI’s FOIA request is for records of communications from and with the outside interest groups who have advocated significant changes to the 2020 Rule now being made by the Department.

  Request   Response

Despite China’s ongoing efforts to attack and undermine the national security interests of the U.S. and its allies, the U.S. Department of Justice’s (DOJ) Assistant Attorney General for the National Security Division announced on February 23, 2022, that DOJ was ending its “China Initiative,” established to counter Chinese national security threats to the U.S. Major American universities, including the University of Pennsylvania (where the Biden Center for Diplomacy and Global Engagement was established in 2017), have been recipients of billions of dollars in value of foreign gifts and contracts. Through DOJ’s China Initiative, criminal investigations were conducted at major American universities, revealing extensive vulnerabilities of critical U.S. research and development materials (often developed at major American universities). Several prominent outside interest groups have lobbied extensively on behalf of university and college foreign source gifts and contracts, seeking to eliminate the China Initiative and other federal investigative efforts regarding China’s efforts to access critical American technologies at American universities. DFI’s FOIA request (to multiple DOJ entities) is for records of communications from and with outside interest groups who may have driven the Department’s policy changes.

  Request

Since January 20, 2021, the U.S. Department of Education has used its Borrower Defense (BD) regulations to forgive approximately $2 billion in student loans and has discharged hundreds of millions of dollars in other student loan debt. The Department has repeatedly announced moratoriums in its student loan collection responsibilities. DFI’s FOIA request is for records of communications from and with outside interest groups and political advocates who appear to have driven the Department’s policy changes.

  Request   Response

On December 11, 2021, the U.S. Department of Education's Office for Civil Rights (OCR) published a notice of its intent to revise its "Civil Rights Data Collection" (CRDC). Under the proposed revisions, OCR would begin asking young students if they identified as male, female, or "nonbinary," and would discontinue collecting information indicating if high schools provide competitive athletic sports opportunities involving male and female only competitive athletic opportunities to students (collection of this data has historically been a key component of ensuring the Title IX rights of girls and women to compete against other girls and women). DFI strongly opposed ED's proposed revisions to the CRDC and provided its official Comment on the proposed revisions on February 11, 2022.

  Comment on Rule

The U.S. Department of Education has made significant changes to its enforcement of Section 117 of the Higher Education Act of 1965 (20 U.S.C. § 1011f). Section 117 requires colleges and universities to report foreign source gifts and contracts with an annual value of $250,000 or more. The University of Pennsylvania received vast amounts of foreign source gifts and contracts following its establishment of the Biden Center in 2017. Various higher education interest groups which oppose stringent Section 117 reporting requirements have advocated for less enforcement by the Department. The Office of Management and Budget (OMB) oversees implementation of Biden Administration policies, including Section 117 policies at the Department of Education. Since January 20, 2021, the Department of Education has lessened its enforcement efforts. DFI’s FOIA request is for records of communications from and with those interest groups to OMB officials.

  Request

The U.S. Department of Education has made significant changes to its enforcement of Section 117 of the Higher Education Act of 1965 (20 U.S.C. § 1011f). Section 117 requires colleges and universities to report foreign source gifts and contracts with an annual value of $250,000 or more. The University of Pennsylvania received vast amounts of foreign source gifts and contracts following its establishment of the Biden Center in 2017. Various higher education interest groups which oppose stringent Section 117 reporting requirements have advocated for less enforcement by the Department. Since January 20, 2021, the Department has lessened its enforcement efforts. DFI’s FOIA request is for records of communications from and with those interest groups to senior Department officials.

  Request   Response   Request

Secretary Cardona and other senior officials at the U.S. Department of Education have initiated significant policy changes which impact the rights of girls and women to compete against other girls and women in competitive athletics (Title IX), repayment of student loans (Title IV), support for charter school programs, the prohibition of race-based discrimination in college admission policies (Title VI), and the due process rights of accused students, teachers, faculty, and victims. DFI’s FOIA request is for records indicating the interactions of senior Departmental officials with the advocacy groups and political activities supporting ED’s significant policy changes.

  Request   Response   Records

The Biden Administration has proposed extensive changes to existing federal education programs. DFI’s FOIA request is for records indicating the professional identities and qualifications of the Departmental officials appointed by the President to determine and implement the Department’s policies, which directly impact millions of students, families, workers, and taxpayers.

  Request   Response   Records   Records