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The Century Foundation v. DeVos

TRO Bars Enforcement of Deadline to Comment on Accreditation Application, Report

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OPINION & ORDER

*1 Plaintiff, The Century Foundation (“TCF”), moves for a Temporary Restraining Order (“TRO”) and Preliminary Injunction (“PI”) against the United States Department of Education (“Department”), seeking to (1) compel the Department to expedite its Freedom of Information Act (“FOIA”) request for documents that TCF believes are necessary for it to comment on the Department’s upcoming decision to grant official recognition to certain higher education accrediting agencies, and (2) extend the notice and comment period, which the Department scheduled to end on February 16, 2018, until 21 days after the documents have been produced. Dkt. No. 9. Upon holding a hearing and considering the arguments, the Court hereby GRANTS a TRO, and defers decision on a PI until further argument by the parties at another hearing in one week’s time (or at a later time if both parties consent).BACKGROUNDAny institution participating in the Title IV student financial assistance programs must be accredited by an accrediting agency “recognized” by the Secretary of the Department of

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