UNITED STATES DEPARTMENT OF EDUCATION

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. Mr. Steve n Eisman ;

2. Any or all individu als identi fied as offic ers, directors, or employees of
FrontP oint Partners, LLC ;
3. Any or all individu als identifi ed as officers , director s, or employees of
Morgan Stanley Investment Management, Inc.
4. Deputy Undersec retary of Education Rob ert Shireman;
5. Ms. Pauline Abernathy;
6. Any or all individuals identifi ed as officers, directors, or employees of the
Institute for College Access and Success;
7. Mr. Barmak Nassirian;
8. Any or all individu als identified as officers, directors, or employees of the
American Association of Collegiate Registrars and Admissions Officers;
9. Mr. Manuel P. Ase nsio;
l O. Any or all individu als identi fied as officers, directors, or employees of The
Alliance for Economic Stability;
11. 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. Fifty-
five 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.