OFFICE OF MANAGEMENT Regulatory Information Management Services May 10, 2011

Via Overnight Mail
Ms. Anne Weismann Citizens for Responsive Ethics in Washington 1400 Eye St., N .W. Suite 450 Washington DC 20005

RE: FOIA Request No. lO-01704-F
Dear Ms . Weismann: This letter suppl ements the Departm ent' s final response to your letter dated July 23, 2010, requesting access to Dep artment records pursuant to the Freedom of Information Act (FOIA) , 5 U.S.C. § 552 on behalf of Citiz ens for Respon sibility 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), Offic e of Legislative and Congressional Affairs (OLCA), Office of Postsecondary Education (OPE), Office of the General Counsel (OGC) , Offic e of Communications and Outreach (OCO), Office of the Undersecretary (OUS) , Offic e of the Deputy Secretary (ODS), and Office of Planning, Evaluation and Policy (OPEPD). You asked for : any and all records of or reflectin g 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 follo wing: 1. 2. 3. 4. 5. 6. 7. 8. 9. l O. 11. Mr. Steve n Eisman ; Any or all individu als identi fied as offic ers, directors, or employees of FrontP oint Partners, LLC ; Any or all individu als identifi ed as officers , director s, or employees of Morgan Stanley Investment Management, Inc. Deputy Undersec retary of Education Rob ert Shireman; Ms. Pauline Abernathy; Any or all individuals identifi ed as officers, directors, or employees of the Institute for College Access and Success; Mr. Barmak Nassirian; Any or all individu als identified as officers, directors, or employees of the American Association of Collegiate Registrars and Admissions Officers; Mr. Manuel P. Ase nsio; Any or all individu als identi fied as officers, directors, or employees of The Alliance for Economic Stability; Ms . John ette McConnell Early.

FOIA Request No.1 0-01704 Page 2 By letters dated November 23, 2010, December 3, 2010, December 22,20 10, 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 responsi ve 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 remov ed. These 97 pages includ e 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 record s 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 proc ess privil ege, inter alia, prot ecting 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 deliberati ve 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 relea sed here that is not responsive to your request (~, internal communications that are unrelated to communications with external entities). Provisions of the FOIA allow us to recover the costs pertaining to your requ est. 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 proce ss the se documents at minimal costs, they are provided to you at no cost. You have the right to appeal the FOIA exemption decision by writin g to the address below, 30 days from the date of this letter. Your appeal should be accompanied by a cop y 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 determ ination on your appeal.
Appeal Address : U.S. Department of Education Office of Management 400 Mar yland Avenue, SW, LBJ 2W3 l l ATTN: Appeals Office Washington, DC 20202-4500

Or, you may complete the online FOIA appeal form , located at: http ://www.ed.gov/policy/gen/leg/foia/foia appeal form l. html.
400 MARYLAND AV E., S.W ., WASHI NGTO N, DC 20202 -4500 www .ed.gov

Our mission is to ensure equal access to educ ation and to pr omote educational excellence throughout the Nation.

FOIA Request No. 10-01704 Page 3 If you have any questions, please contact the FSC at (202) 401-8365 or EDFOIAMANAGER@ed.gov. Sincerely,

Elise Cook FOIA Public Liaison FOIA Service Center Enclosures

400 MARYLAND AVE, SW WASHINGTON, DC 20202-4500 www.cd.gov

Our mission is to ensure equal access to education and to promote educational excellence throughout the Nation.