The Heritage Take: The Department of Education’s claim that the error in the number of comments is due to a clerical error doesn’t pass the smell test. Far more likely is that they don’t want the American people to know how unpopular this policy change is. The “comment” that the Department has offered as an explanation for its ‘clerical error’ which accounts for the drop in comment totals from 349,000 to 184,000 is actually an internal policy statement from 2013 from the Bureau of Consumer Financial Protection. We’re being led to believe that a 9 year-old internal policy document from a different agency under the Obama administration just happened to show up in the comment portal for the most controversial regulatory change in a generation and apparently accounts for a differential of 160,000 comments. American people deserve answers from the admin on this irregularity in the rulemaking process—one that is designed by law to be transparent for the benefit and protection of the people who will be most impacted by it: American parents, students, and taxpayers.
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