Tag Archives: nonregulatory guidance

…And a Time for Every Purpose under Heaven

It is an old story: a good proposal lies dormant until the time is ripe. In this case, it has taken six years for a favorable regulatory environment and a new bureaucratic champion to emerge and push a long-stalled reform forward….

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Regulating the Good Old-Fashioned Way

In fulfillment of a government-wide requirement, the U.S. Department of Education has just issued its semi-annual regulatory agenda: one completed action, nothing whatever either pending or planned. Zip. Nada. Zilch. By my reckoning — and I have been at this…

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Answer: “Essentially, Yes…”

Thanks to that “essentially,” you know right away that the answer is really a “No” cloaked by a heap of obfuscation. The U.S. Department of Education tortured a straightforward “No” into a thoroughly hedged “Yes” in the nonregulatory guidance for…

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Malleable Guidance

At the lowest levels of federal policy, things get pretty malleable. What ED prohibits one year may be permitted the next, without any formal justification or reason for the reversal. I ran across a vivid example in my recent research…

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