Senator James Lankford (R-OK) today continued his regulatory oversight of the Department of Education's overreaching use of "guidance documents' to college and universities.
On January 7, Lankford sent a letter to the Acting Secretary of the Department of Education, John King, to question their Office for Civil Rights' improper use of guidance documents that establishes policies without the required notice-and-comment rule-making processes. The Department of Education responded on February 17, but did not satisfy Lankford's legal concerns. Therefore, Lankford continued his oversight by responding to the Department with today's letter.
As Chairman of the Senate Subcommittee on Regulatory Affairs and Federal Management, Lankford led a hearing in September on whether federal agencies, including the Department of Education, use regulatory guidance appropriately. Testimony from the hearing raised concerns that federal agencies abuse the guidance process by issuing guidance instead of notice-and-comment rulemaking, as required by law.