FOIA Request: Records of the U.S. Department of Education’s Communications with Politico and the Office of the Federal Register

AgencyDepartment of Education
TypeFOIA Request
IssueTitle IX
TrackingDFI No. 100-31-22
DateSep 22, 2022

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