Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 1 of 52. Exhibit A

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1 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 1 of 52 Exhibit A

2 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 2 of 52 Castee l, J asmine (Contractor) From: Se nt: To: SUbject: Attachments: Anne Weismann [aweismann@citizensforethics.org] Friday, July :42 AM ED FOrA Manager Freedom of Information Act Request FOIA pdf FOIA Public liaison: Enclosed pleasefind a Freedom of Information Act Requestfrom Citizens for Responsibility and Ethics in Wash ington (CREW). Please contact Anne Weismann at w ith any questions. Anne Weismann oc,o, GUS, oleal cis \cp- ep \t44 - F RECEIVED JUL

3 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 3 of 52 citizens for responsibility CREWIand ethics in washington July 23, 2010 By EDFOIAManager@ed.goY and First-Class Mail U.s. Department ofeducation Office ofmanagement Regulatory Information Management Services 400 Maryland Avenue, S.W., LBJ 2W220 Washington, D.C Attn: FOIA Public Liaison Dear FOIA Public Liaison: Re: Freedom ofinformation Act Request Citizens for Responsibility and Ethics in Washington (CREW) makes thi s request for records, regardless offormat, medium, or physical characteristics. and including electronic records and informa tion, pursuant to the Freedom of Information Act, (FOrA), 5 U.S.c. 552, and U.S. Department cfed ucation (Ed ucation) FOlA Regulations, 34 C.F.R. 5.1, et seq. Specifically, CREW seeks any and all records of or reflecting communications from April , to the present to, from, and/or between offici als at Education regarding [or-profit education and any and all of the following: (1) Mr. Steven Eisman; (2) Any or all individuals identified as officers, directors, or employees of FrontPoint Partners, LLC ; (3) Any or all individuals identified as officers, directors. or employees ofmorgan Stanley Investment Management. Inc.; (4) Deputy Undersecretary of Educ ation Robert Shi reman; (5) Ms. Pauline Abernathy; (6) Any or all individuals identified as officers. directors. or employees of the Institute for College Access and Success; (7) Mr. Bannak Nassirian; (8) Any or all individuals identified as officers, directors. or employees ofthe American Associat ion of Collegiate Registrars and Admission s Officers; (9) Mr. Manuel P. Asenio; ( 10) Any or all individuals identified as officers. directors. or employees ofthe Alliance for Economic Stability; ( 11) Ms. Johnette McConnell Early. 1400Eye Street, N.W., Suite 450, Washington, D.C I phone I fax I

4 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 4 of 52 FOIA Public Liaison Ju ly 23, 2010 Page Two Please search for rec ords regardless of fonnat, medium, or physical characteristics. We seek records ofany kind. including electronic records. audiotapes, videotapes. photographs, and back -up tape s. Our request includes any telephone messages. voice mail messages, daily agenda and calendars. information about scheduled mee tings andlor discussions. whe ther in-person or over the telephone. agendas for those meetings andlor discussio ns, participants included in those meetings and/or discussions. minutes of any such meetings andlor discussion s. e-mai l or facsimiles sent as a result of those meetings and/or discussions, and transcripts and notes ofany such meeti ngs and /or discussions to the extent they relate to the aforementioned requested information. Ifit is you position that any portion of the requested records is exempt from disclosure. CREW requests that you provide an index ofthose documents as required by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 4 15 U.S. 977 ( 1972). As you are aware, a Vaughn index must describe each document claimed as exempt with sufficient specificity "to permit a reasoned j udgm ent as to whether the material is actually exempt und er FOIA." Founding Church of Scientology v. Bell. 603 F.2d (D.C. Cir. 1979). Moreover. the Vaughn index must "describe each docwnent or portion thereof withheld. and for each withhold ing it must discuss the consequences of supplying the sought-after-information." King v U s. Dep 't of Justice, 830 F.2d 2 10, (D.C. Cir. 1987) (emphasis added). Further, "the withholding agency must supply 'a relatively detailed justification. specifically identifying the reaso ns why a particular exemption is relevant and correlating those claims with the particular part ofa withheld document to which they apply.?" Jd at 224, citing Mead Data Central v. US Dept of the Air Force, 566 F.2d. 242, 25 1 (D.C. Cir. 1977). In the event some port ions of the requested records are properly exempt from disclosure, please disclose any reasonably segregable non-exempt portions in accordance with 5 U.S.c. 552(b). Ifit is your position that a document contains non-exempt segm ents that are so dispersed throughout the document as to make segregation impossible, please state what portion ofthe document is non -exempt and how the material is dispersed throughout the doc uments. Mead Data Central. 566 F.2d at Claims ofnon-segregability must be made with the same degree of detail as required for claims ofexemption in a Vaughn index. If a request is denied in whole, please state specifically tha t it is not reasonable to segregate portions of the record for release. Pu blic Interest Fee Waiver Request In accordance with 5 U.S.c. 552(a)(4)(A)(iii) and 34 C.F.R. 5.64, CREW requests a waiver of fees associated with processing this request for records. The subject of this request concerns the operations of the federal government and the disclosures likely will co ntribute to a better understanding of relevant government procedures by CREW and the general public in a significant way. Moreover. the request is primarily and fundamentally for non-commercial purpo ses. 5 U.S.C. 552(a)(4)(A)(iii). See, e.g., McClellan Ecologi cal v. Carlucci, 835 F.2d

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30 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 30 of 52 Exhibit B

31 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 31 of 52 Fripp, Nia From: Sent: To: Subject: Anne Weismann Monday, October 25, :28 PM Wehausen, Robert RE: FOIA Case No F This accurately represents my conversation and clarification. Thank you. Anne Weismann From: Wehausen, Robert Sent: Monday, October 25, :54 PM To: Anne Weismann Subject: FOIA Case No F Good afternoon Ms. Weismann I m a FOIA Public Liaison with the Department of Education and I m assisting Mrs. Bennie Jessup with processing your request. Mrs. Jessup has filled me in with the history of your request and provided me the information regarding the telephone conversation the two of you had discussing the scope of your request. This is to memorialize the conversation to ensure the case is being processed correctly. This is pursuant to your conversation on October 21, 2010 with the Department regarding narrowing the scope of FOIA Case No F. You clarified that, to the extent that your request seeks internal Departmental communications regarding for profit education, you are seeking only internal communications regarding any Departmental communications with the outside entities listed in your FOIA request. You also continue to seek records reflecting external communications as described in your request. Please confirm whether this accurately represents the conversation at your earliest convenience. Thank you Robert Wehausen Program Analyst, FOIA Service Center Office of Management U.S. Dept. of Education

32 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 32 of 52 Exhibit C

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35 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 35 of 52 Exhibit D

36 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 36 of 52 UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF MANAGEMENT Regulatory Information Management Services Ms. Anne L. Weismann CREW 1400 Eye St., N.W. Suite 450 Washington DC December 3, 2010 RE: FOIA Request No F Dear Ms. Weismann, This is the final response to your letter dated July 23, 2010 requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C Your request was forwarded to the appropriate offices within the Department of Education (the Department) for any responsive documents they may have. You requested that a copy of the following documents or documents containing the following information be provided to you: The Citizens for Responsibility and Ethics in Washington (CREW) makes this request for records, regardless of format, medium, or physical characteristics, and including electronic records and information, pursuant to the Freedom of Information Act, (ForA), 5 U.S.C. 552, and U.S. Department of Education (Education) FOIA Regulations, 34 C.F.R. 5.1, et seq. Specifically, CREW seeks any and all records of or reflecting communications from April 20, 2009, to the present to, from, and/or between officials at Education regarding for-profit education and any and all of the following: 1. Mr. Steven Eisman; 2. Any or all individuals identified as officers, directors, or employees of FrontPoint Partners, LLC; 3. Any or all individuals identified as officers, directors, or employees of Morgan Stanley Investment Management, Inc. 4. Deputy Undersecretary of Education Robert Shireman; 5. Ms. Pauline Abernathy; 6. Any or all individuals identified as officers, directors, or employees of the Institute for College Access and Success; 7. Mr. Barmak Nassirian; 8. Any or all individuals identified as officers, directors, or employees of the American Association of Collegiate Registrars and Adimssions Officers; 9. Mr. Manuel P. Asensio; 10. Any or all individuals identified as officers, directors, or employees of The Alliance for Economic Stability; 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

37 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 37 of 52 Page 2 Anne Weisman FOIA No F 11. Ms. Johnette McConnell Early. On October 21, 2010 in a conversation with the Department, you agreed to narrow the scope of FOIA Case No F as follows: You clarified that, to the extent that your request seeks internal Departmental communications regarding for-profit education, you are seeking only internal communications regarding any Departmental communications with the outside entities listed in your FOIA request. You also continue to seek records reflecting external communications as described in your request. Your clarified request was forwarded to the appropriate office(s) within the Department to search for documents that may be responsive to your request. Enclosed in the Department s November 23, 2010 interim letter, you received the following: The staff in the Office of Legislation & Congressional Affairs (OLCA) notified the FOIA Service Center that they do not have any documents that are responsive to your request. The staff in the Office of Planning, Evaluation and Policy Development (OPEPD) provided the FOIA Service Center the following responsive documents to your request: OPEPD responsive docs - 42 pages The staff in the Office of Communication and Outreach (OCO) has provided the FOIA Service Center the following responsive documents to your request: OCO s - 8 pages Enclosed in this final response is a CD containing 1,174 pages of documents responsive to your request. The staff in the Office of Postsecondary Education (OPE) provided the FOIA Service Center the following responsive documents to your request: OPE responsive docs 1, 354 pages The staff in the Office of the Undersecretary (OUS) has provided the FOIA Service Center the following responsive documents to your request: OUS s pages 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

38 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 38 of 52 Page 3 Anne Weisman FOIA No F However, certain information has been withheld according to the FOIA exemptions specified below: Records or portions of records relating to pre-decisional internal communications have been withheld pursuant to 5 U.S.C. 552 (b)(5) of the FOIA and Departmental regulation 34 CFR 5.73(a). These provisions require us to withhold the government s deliberative process privilege, inter alia, protecting records of pre-decisional internal communications reflecting the views or recommendations of agency employees in connection with the government policy or legal matters that are both pre-decisional and deliberative in nature. Records or portions of records relating to personal information is exempt pursuant to 5 U.S.C. 552 (b)(6) of the FOIA and Departmental regulation 34 CFR 5.71(a). Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy. Provisions of the FOIA allow us to recover the costs pertaining to your request. However, the Department has provided you with this information at no charge. The Department's release of this information at no cost does not constitute the grant of a fee waiver, and does not infer or imply that you will be granted a fee waiver for future requests made under FOIA to the Department. Because we were able to locate and process these documents at minimal costs, they are provided to you at no cost. You have the right to appeal the FOIA exemption decision by writing to the address below, 30 days from the date of this letter. Your appeal should be accompanied by a copy of your initial letter of request and this denial letter, and should contain any evidence or argument you wish the Department to consider in making an administrative determination on your appeal. Appeal Address: U.S. Department of Education Office of Management 400 Maryland Avenue, SW, LBJ 2W311 ATTN: Appeals Office Washington, DC Or, you may complete the online FOIA appeal form, located at: If you have any questions, please contact the FSC at (202) or EDFOIAMANAGER@ed.gov. Sincerely, Enclosures: CD/Letter Elise Cook FOIA Public Liaison FOIA Service Center 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

39 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 39 of 52 Exhibit E

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41 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 41 of 52 Exhibit F

42 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 42 of 52 UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF MANAGEMENT Regulatory Information Management Services Anne L. Weismann CREW 1400 Eye St., N.W. Suite 450 Washington DC April 15, 2011 RE: FOIA Request No F Dear Ms. Weismann: The Department of Education has located additional records we believe may be responsive to the above-referenced FOIA request. Accordingly, please find enclosed a CD containing 80 pages of additional documents not previously produced. However, certain information has been withheld according to the FOIA exemptions specified below: Records or portions of records relating to pre-decisional internal communications have been withheld pursuant to 5 U.S.C. 552 (b)(5) of the FOIA and Departmental regulation 34 CFR 5.73(a). These provisions require us to withhold the government s deliberative process privilege, inter alia, protecting records of pre-decisional internal communications reflecting the views or recommendations of agency employees in connection with the government policy or legal matters that are both pre-decisional and deliberative in nature. At this time, the Department is continuing to process your request and your FOIA request case file remains open. It will not close until the Department provides you with a response regarding outstanding responsive documents. Our final release letter will contain information related to your appeal rights of agency decisions and any charges that may apply. If you have any questions, please contact the FOIA office at (202) or visit us at Sincerely, Enclosure: CD/Letter FOIA Public Liaison FOIA Service Center 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

43 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 43 of 52 Exhibit G

44 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 44 of 52 UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF MANAGEMENT Regulatory Information Management Services Anne L. Weismann CREW 1400 Eye St., N.W. Suite 450 Washington DC April 22, 2011 RE: FOIA Request No F Dear Ms. Weismann: The Department of Education has located additional records we believe may be responsive to the abovereferenced FOIA request. Accordingly, please find enclosed a CD containing 252 pages of additional documents not previously produced. However, certain information has been withheld according to the FOIA exemptions specified below: Records or portions of records relating to pre-decisional internal communications have been withheld pursuant to 5 U.S.C. 552 (b)(5) of the FOIA and Departmental regulation 34 CFR 5.73(a). These provisions require us to withhold the government s deliberative process privilege, inter alia, protecting records of pre-decisional internal communications reflecting the views or recommendations of agency employees in connection with the government policy or legal matters that are both pre-decisional and deliberative in nature. Records or portions of records relating to personal information is exempt pursuant to 5 U.S.C. 552 (b)(6) of the FOIA and Departmental regulation 34 CFR 5.71(a). Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy. At this time, the Department is continuing to process your request and your FOIA request case file remains open. It will not close until the Department provides you with a response regarding outstanding responsive documents. Our final release letter will contain information related to your appeal rights of agency decisions and any charges that may apply. If you have any questions, please contact the FOIA office at (202) or visit us at Sincerely, Enclosure: CD/Letter FOIA Public Liaison FOIA Service Center 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

45 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 45 of 52 Exhibit H

46 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 46 of 52 Via Electronic Mail Ms. Anne Weismann Citizens for Responsive Ethics in Washington 1400 Eye St., N.W. Suite 450 Washington DC RE: FOIA Request No F Dear Ms. Weismann: UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF MANAGEMENT Regulatory Information Management Services April 28, 2011 This letter is the Department s final response to your letter dated July 23, 2010, requesting access to Department records pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552 on behalf of Citizens for Responsibility and Ethics in Washington (CREW). Your request was forwarded to the following offices to search for documents that may be responsive to your request: Office of the Secretary (OS), Federal Student Aid (FSA), Office of Legislative and Congressional Affairs (OLCA), Office of Postsecondary Education (OPE), Office of the General Counsel (OGC), Office of Communications and Outreach (OCO), Office of the Undersecretary (OUS), Office of the Deputy Secretary (ODS), and Office of Planning, Evaluation and Policy (OPEPD). You asked for: any and all records of or reflecting communications from April 20, 2009, to the present to, from, and/or between officials at Education regarding for-profit education and any and all of the following: 1. Mr. Steven Eisman; 2. Any or all individuals identified as officers, directors, or employees of FrontPoint Partners, LLC; 3. Any or all individuals identified as officers, directors, or employees of Morgan Stanley Investment Management, Inc. 4. Deputy Undersecretary of Education Robert Shireman; 5. Ms. Pauline Abernathy; 6. Any or all individuals identified as officers, directors, or employees of the Institute for College Access and Success; 7. Mr. Barmak Nassirian; 8. Any or all individuals identified as officers, directors, or employees of the American Association of Collegiate Registrars and Admissions Officers; 9. Mr. Manuel P. Asensio; 10. Any or all individuals identified as officers, directors, or employees of The Alliance for Economic Stability; 11. Ms. Johnette McConnell Early.

47 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 47 of 52 FOIA Request No Page 2 By letter dated November 23, 2010, you were sent a CD containing 50 pages of documents responsive to your request. These documents were provided in their entirety. By letter dated December 3, 2010, you were sent a CD containing 1,174 pages of documents responsive to your request. By letter dated December 22, 2010, you were sent one record (four pages) that was located and may have been responsive to your request. By letter dated April 15, 2011, you received 80 pages of additional documents responsive to this request. By letter dated April 22, 1011, you received 252 pages of additional documents responsive to this request. With this letter, you receive 18 pages of documents responsive to this request. In total, you have received 1508 pages of documents responsive to this request. However, certain information has been withheld in 154 of these pages according to the FOIA exemptions specified below: Records or portions of records relating to pre-decisional internal communications have been withheld pursuant to 5 U.S.C. 552(b)(5) of the FOIA and Departmental regulation 34 CFR 5.73(a). These provisions require us to withhold the government s deliberative process privilege, inter alia, protecting records of pre-decisional internal communications reflecting the views or recommendations of agency employees in connection with the government policy or legal matters that are both pre-decisional and deliberative in nature. Records or portions of records relating to personal information is exempt pursuant to 5 U.S.C. 552(b)(6) of the FOIA and Departmental regulation 34 CFR 5.71(a). Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy. Provisions of the FOIA allow us to recover the costs pertaining to your request. The Department has concluded that you fall within the category of commercial use requester. However, the Department has provided you with this information at no charge. The Department's release of this information at no cost does not constitute the grant of a fee waiver, and does not infer or imply that you will be granted a fee waiver for future requests made under FOIA to the Department. Because we were able to locate and process these documents at minimal costs, they are provided to you at no cost. You have the right to appeal the FOIA exemption decision by writing to the address below, 30 days from the date of this letter. Your appeal should be accompanied by a copy of your initial letter of request and this denial letter, and should contain any evidence or argument you wish the Department to consider in making an administrative determination on your appeal. Appeal Address: U.S. Department of Education Office of Management 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

48 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 48 of 52 FOIA Request No Page Maryland Avenue, SW, LBJ 2W311 ATTN: Appeals Office Washington, DC Or, you may complete the online FOIA appeal form, located at: If you have any questions, please contact the FSC at (202) or EDFOIAMANAGER@ed.gov. Sincerely, Enclosures Elise Cook FOIA Public Liaison FOIA Service Center 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

49 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 49 of 52 Exhibit I

50 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 50 of 52 Via Overnight Mail Ms. Anne Weismann Citizens for Responsive Ethics in Washington 1400 Eye St., N.W. Suite 450 Washington DC RE: FOIA Request No F Dear Ms. Weismann: UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF MANAGEMENT Regulatory Information Management Services May 10, 2011 This letter supplements the Department s final response to your letter dated July 23, 2010, requesting access to Department records pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. 552 on behalf of Citizens for Responsibility and Ethics in Washington (CREW). Your request was forwarded to the following offices to search for documents that may be responsive to your request: Office of the Secretary (OS), Federal Student Aid (FSA), Office of Legislative and Congressional Affairs (OLCA), Office of Postsecondary Education (OPE), Office of the General Counsel (OGC), Office of Communications and Outreach (OCO), Office of the Undersecretary (OUS), Office of the Deputy Secretary (ODS), and Office of Planning, Evaluation and Policy (OPEPD). You asked for: any and all records of or reflecting communications from April 20, 2009, to the present to, from, and/or between officials at Education regarding for-profit education and any and all of the following: 1. Mr. Steven Eisman; 2. Any or all individuals identified as officers, directors, or employees of FrontPoint Partners, LLC; 3. Any or all individuals identified as officers, directors, or employees of Morgan Stanley Investment Management, Inc. 4. Deputy Undersecretary of Education Robert Shireman; 5. Ms. Pauline Abernathy; 6. Any or all individuals identified as officers, directors, or employees of the Institute for College Access and Success; 7. Mr. Barmak Nassirian; 8. Any or all individuals identified as officers, directors, or employees of the American Association of Collegiate Registrars and Admissions Officers; 9. Mr. Manuel P. Asensio; 10. Any or all individuals identified as officers, directors, or employees of The Alliance for Economic Stability; 11. Ms. Johnette McConnell Early.

51 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 51 of 52 FOIA Request No Page 2 By letters dated November 23, 2010, December 3, 2010, December 22, 2010, April 15, 2011, April 22, 1011, and April 28, 2011, you received 2,264 pages of documents responsive to this request. With this letter, you receive 97 pages of documents responsive to this request, all of which may have been provided previously. Eleven of these 97 pages were previously released with redactions that have now been removed. These 97 pages include 56 redacted pages. Fiftyfive of these redacted pages were previously released with different redactions. These redactions were made according to the FOIA exemptions specified below: Records or portions of records relating to pre-decisional internal communications have been withheld pursuant to 5 U.S.C. 552(b)(5) of the FOIA and Departmental regulation 34 CFR 5.73(a). These provisions require us to withhold the government s deliberative process privilege, inter alia, protecting records of pre-decisional internal communications reflecting the views or recommendations of agency employees in connection with the government policy or legal matters that are both pre-decisional and deliberative in nature. Records or portions of records relating to personal information is exempt pursuant to 5 U.S.C. 552(b)(6) of the FOIA and Departmental regulation 34 CFR 5.71(a). Disclosure of this information would constitute a clearly unwarranted invasion of personal privacy. The Department has also redacted information contained on some of the pages released here that is not responsive to your request (e.g., internal communications that are unrelated to communications with external entities). Provisions of the FOIA allow us to recover the costs pertaining to your request. The Department has concluded that you fall within the category of commercial use requester. However, the Department has provided you with this information at no charge. The Department's release of this information at no cost does not constitute the grant of a fee waiver, and does not infer or imply that you will be granted a fee waiver for future requests made under FOIA to the Department. Because we were able to locate and process these documents at minimal costs, they are provided to you at no cost. You have the right to appeal the FOIA exemption decision by writing to the address below, 30 days from the date of this letter. Your appeal should be accompanied by a copy of your initial letter of request and this denial letter, and should contain any evidence or argument you wish the Department to consider in making an administrative determination on your appeal. Appeal Address: U.S. Department of Education Office of Management 400 Maryland Avenue, SW, LBJ 2W311 ATTN: Appeals Office Washington, DC Or, you may complete the online FOIA appeal form, located at: MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

52 Case 1:10-cv RMC Document 17-2 Filed 06/01/11 Page 52 of 52 FOIA Request No Page 3 If you have any questions, please contact the FSC at (202) or EDFOIAMANAGER@ed.gov. Sincerely, Enclosures Elise Cook FOIA Public Liaison FOIA Service Center 400 MARYLAND AVE., S.W., WASHINGTON, DC Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.

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